thief river falls city council agenda tuesday - …

64
THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY - DECEMBER 15, 2020 COUNCIL CHAMBERS CITY HALL - 405 JRD STREET EAST S:30PM City of Thief River Falls Mayor Brian Holmer Determination Regarding Conducting Meetings by Telephone or Other Electronic Means - per Directive 2020-6 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 3.5 PUBLIC HEARING - RESIDENTIAL TAX ABATEMENT 4. PUBLIC FORUM - Individuals may address the City Council about any item not includ ed on the regular agenda. A maximum of 5 miltutes is allott ed for the public forum. Speakers are requested to dial: 408-418-9388 and then enter access code: 623 986 425 {Ijyotl are havi11g issuel' connecti11g call 218-689-3612), state their 11afne a11d address for tile record, and limit their remarks to .five minutes. Th e City Council will not take official action on Items discussed at this time, with the exception of referral to steff or a committee, board or commission for a future report. 5. PRESENTATIONS/PROCLAMATIONS/PUBLIC INFORMATION ANNOUNCEMENTS Enbridge and Michael's Company Presentation 6. APPROVE AGENDA - Council members may add items to tire age1ulafor discussion purposes or staff direc tiOfl. The Council will not normally take offlclal action on items added to the agenda. 7. CONSENT AGENDA- These items are considered routine in nature and are approvedwit/1 one motion witllout discussion/debate. The Mayor will ask if any Council member wishes to remove an item and place it on the regular agenda for disc11ssion and consideration. If no items are to be renwved, the Mayor will then ask for a nwtion to approve the Consellt Agenda. 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 Approval of December 1, 2020 Council Proceedings (page 3-7) City of Thief River Falls Bills, Disbursements and Council per diems (see attachment) Approval to process year-end accounts payable through December 31, 202 0 (page 8) Approval of certification of unpaid grass/weed mowing charges to property owners' 2021 property tax (page 9) Approval of Airport Easement and subordination Agreement (page 10-19) Approval ofMSA Street Sys tem Revisions (page 20-22) Approval to reappoint Widseth Smith Nolting as city engineering firm and Rich Clauson as Engineer of Record (page 23-24) Approval of the City of Thief River Falls Financial Management Plan (page 25- 26) 1

Upload: others

Post on 18-Dec-2021

3 views

Category:

Documents


0 download

TRANSCRIPT

THIEF RIVER FALLS CITY COUNCIL AGENDA

TUESDAY - DECEMBER 15, 2020

COUNCIL CHAMBERS CITY HALL - 405 JRD STREET EAST S:30PM

City of Thief River Falls Mayor Brian Holmer Determination Regarding Conducting Meetings by Telephone or Other Electronic Means - per Directive 2020-6

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

3.5 PUBLIC HEARING - RESIDENTIAL TAX ABATEMENT

4. PUBLIC FORUM - Individuals may address the City Council about any item not included on the regular agenda. A maximum of 5 miltutes is allotted for the public forum. Speakers are requested to dial: 408-418-9388 and then enter access code: 623 986 425 {Ijyotl are havi11g issuel' connecti11g call 218-689-3612), state their 11afne a11d address for tile record, and limit their remarks to .five minutes. The City Council will not take official action on Items discussed at this time, with the exception of referral to steff or a committee, board or commission for a future report.

5. PRESENTATIONS/PROCLAMATIONS/PUBLIC INFORMATION ANNOUNCEMENTS

• Enbridge and Michael's Company Presentation

6. APPROVE AGENDA - Council members may add items to tire age1ulafor discussion purposes or staff directiOfl. The Council will not normally take offlclal action on items added to the agenda.

7. CONSENT AGENDA- These items are considered routine in nature and are approvedwit/1 one motion witllout discussion/debate. The Mayor will ask if any Council member wishes to remove an item and place it on the regular agenda for disc11ssion and consideration. If no items are to be renwved, the Mayor will then ask for a nwtion to approve the Consellt Agenda.

7.01 7.02

7.03

7.04

7.05 7.06 7.07

7.08

Approval of December 1, 2020 Council Proceedings (page 3-7) City of Thief River Falls Bills, Disbursements and Council per diems (see attachment) Approval to process year-end accounts payable through December 31, 202 0 (page 8) Approval of certification of unpaid grass/weed mowing charges to property owners' 2021 property tax (page 9) Approval of Airport Easement and subordination Agreement (page 10-19) Approval ofMSA Street System Revisions (page 20-22) Approval to reappoint Widseth Smith Nolting as city engineering firm and Rich Clauson as Engineer of Record (page 23-24) Approval of the City of Thief River Falls Financial Management Plan (page 25-26) 1

7.09 Approval to write offuncollectible utility accounts (page 27-30)

8. NEW BUSINESS

8.01 Approval of Tax Abatements (page 31-35)

8.02 Approval of Independent School District 564 Conditional Use Permit (page 36-49)

8.03 Second reading to consider an ordinance amendment

Approval of ordinance of the city of thief river falls, Minnesota, amending city code chapter 152 entitled "zoning code" by amending 152.003, to add definitions for temporary storage containers and semi-trailers; and 152.028 performance standards for all residential districts and 152.036 performance standards for commercial and industrial zoning districts, restricting the use of temporary storage containers and semi-trailers (page 50-54)

8.04 Approval to call for 2021 Street & Utilities Improvement Project Feasibility Report (page 55-57)

8.05 Approval of Water & Wastewater rate increase effective with the January 2021 billing (page 58-60)

8.06 Approval of2021 Budget (page 61)

8.07 Approval of 2021 Tax Levy (page 62)

9. COUNCIL BOARDS AND COMMISSIONS REPORTS - Not all boards or commissions will have met prior to the Council meeJing. These reports are i11tended to keep the olher council mLmbers Jnfor~d of actiollS or proposed actions taken by these boards and comniissioru. Only those with something to repol"I would be on the agenda.

10. UPCOMING MEETINGS

10.01 City Council Meeting - January 5th at 5:30 p.m. 10.02 Utilities Committee Meeting -January 11th at 7:00 a.m. 10.03 Public Safety/Liquor Committee Meeting - January 11th at 4:30 p.m. 10.04 Administrative Services Committee Meeting- January 12th at 3:00 p.m. 10.05 Public Works Committee Meeting - January 13th at 4:30 p.m. 10.06 City Council Meeting - January 191h at 5:30 p.m.

11. INFORMATIONAL ITEMS

11.01 Investment Summary dated 11/30/2020 (page 63-64)

12. ADJOURNMENT

City of Thief River Falls complies with the ADA. Individuals with disabilities requiring special aids should contact the City Administrator, 405 Third Street East, Thief River Falls, MN 5670 I, 218-681-2943, 48 hours prior to the scheduled meeting. 2

COUNCIL PROCEEDINGS I #1.01

DECEMBER 1, 2020

The City Council of Thief River Falls, Minnesota, met in regular session at 5:30 p.m. on December 1, 2020 in the Council Chambers of City Hall. The following Councilmembers were present: Holmer, Lorenson, Brown, Sollom, Howe, Narverud, Aarestad, Prudhomme. No Councilmembers were absent Mayor Holmer chaired the meeting.

APPROVAL OF AGENDA

Councilmember Brown motioned, being seconded by Councilmember Lorenson, to approve the agenda with the addition of one item. On vote being taken, the motion was unanimously ap­proved.

RESOLUTION NO. 12-255-20: APPROVAL OF COUNCIL PROCEEDINGS

Presented as part of the Consent Agenda, Councilmember Brown introduced Resolution No. 11-255-20, being seconded by Councilmember Narverud, that:

BE IT RESOLVED, by the City Council, to approve November 17, 2020 Council Proceed­ings.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 12-256-20: APPROVAL OF PAYMENT OF BILLS AND COUNCIL PERDIEMS

Presented as part of the Consent Agenda, Councilmember Brown introduced Resolution No. 11-256-20, being seconded by Councilmember Narverud, that:

BE IT RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of $3,500,969.25 and council per diem in the amount of $0.00. A printout of the approved payments, disbursements and per diems are attached hereto and made a part here-0f.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 12-257-20: APPROVAL OF 2021 CITY LICENSES

Presented as part of the Consent Agenda, Councilmember Brown introduced Resolution No. 11-257-20, being seconded by Councilmember Narverud, that:

BE IT RESOLVED, by the City Council, to approve the following City Licenses, effective January I, 2021 through December 31, 2021, contingent upon receiving all renewal forms, fees and insurance:

TOBACCO $150

East Side Tesoro

ON-SALE 3.2 BEER $250

Kuznia Inc. - Pizza Hut

3

Erl's Market, Inc.

Falls Liquor

Farmer's Union Oil Company

Fanner's Union Oil Company- Hwy 59

Hugo's #7

Holiday Stationstore

Kmg Tobacco

Pennington Main

Pennington Square

Wal-Mart Supercenter #3761

PAWN BROKER'S $40

Northern Gun & Pawn

JUNK DEALER'S $45

Phillip's Iron & Metal, Inc.

SEPTIC WASTE PERMIT $50

Beatrice Smith "Dick's Septic"

MJS/JMS Septic

TAXI $30 for 1st

Northland Taxi

OFF-SALE 3.2 BEER $100

East Side Tesoro

Erl's Market, Inc.

Holiday Stationstore # 197

Wal-Mart Supercenter #376 l

$25 each add'I

ON-SALE WINE $250

Kuznia Inc. - Pizza Hut

Council Proceedings December 1 , 2020

Page 2of5

ON-SALE LIQUOR W/ SUNDAY $2,800/$200

* American Legion Post l 17, Inc. * Family Bowl, Inc. (FaIDily Bowl)

* Ganesh Hospitality, Inc. (Sundance Dining)

* Steven P. Carlson (The Schooner Bar & Grill)

* River Walk Public House

* The Hive Bar & Grill

* Grzadzy's Inc. (Black Cat Sports Bar & Grill)

* Heidi Ortiz (Las Ranitas)

* 16 Penny Inc. (Rusty Nail)

VenuWorks

La Fiesta Inc. (El Loro Mexican Grill)

CLUB ON-SALE LIQUOR $500

* FOE Aerie 2368 (Eagles)

* VFW 2793 (VFW Post)

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 12-258-20: APPROVAL OF LAW ENFORCEMENT MUTUAL AID AGREEMENT

Presented as part of the Consent Agenda, Councilmember Brown introduced Resolution No. 11-258-20, being seconded by Councilmember Narverud, that:

WHEREAS, the purpose of this agreement is made pursuant to MN Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel, and other resources available to po-1 itical subdivisions from other political subdivisions.

4

Council Proceedings December 1, 2020

Page 3of5

THEREFORE, BE IT RESOLVED, by the City Council, to approve the Law Enforcement Mutual Aid Agreement.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 12-259-20: APPROVAL OF 2021 - 2023 TEAMSTER PUBLIC AND FIRE UNION CONTRACTS, NON-UNION AND CITY ADMINISTRATOR AND HUMAN RESOURCES SPECIALIST AGREEMENTS

A request for council action was reviewed. Following discussion, Councilmember Brown introduced Resolution No. 12-259-2.Q.. being seconded by Councilmember Howe, that:

WHEREAS, the current union contracts will be expiring on December 31 , 2020. The Teamster #320 Union and the Ad-Hoc Labor Committee have met in negotiations for the last couple of months and have reached a tentative agreement. The negotiation process was a positive one for both sides with good discussions taking place. The proposed contract in­cludes a wage increase in the amount of $.50 per grade and step on January 1st of each of the three years. Mutually agreed upon amendments were also made to position titles, union language, uniform allowance in the Fire Department, and miscellaneous clean-up items; and

WHEREAS, the Teamster Union #320 members have voted on, and approved, the proposed union contract as negotiated; and

WHEREAS, the City Administrator and Human Resources Specialist will receive wage in­creases of $86.67 per month effective January 151 of the three years. The Non-Union Agreement will have a $.50 increase per grade level step effective January 1st of the three years.

NOW, THEREFORE, BE IT RESOLVED, by the City Council, to accept the findings of the Ad-Hoc Labor Committee and approve the Teamster #320 Public and Teamster #320 Fire Union Contracts, Non-Union Agreement, and Memo of Understandings for the City Admin­istrator and Human Resources Specialist for years 2021 - 2023.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 12-260-20: APPROVAL OF VENUWORKS REQUEST FOR $10,000 FROM REMAINING ARENA BOND FUNDS

A request for council action was reviewed. Following discussion, Councilmember Lorenson intro­duced Resolution No. 12-260-20, being seconded by Councilmember Brown, that:

WHEREAS, updating existing Huck Olson Memorial Civic Center facilities by expanding locker rooms, bathrooms, concession area and making handicap accessible would overall en­hance the functionality of the venue; and

5

Council Proceedings December 1, 2020

Page 4of5

WHEREAS, plans are needed to fully understand scope of project. This will allow Venu Works of TRF to seek grants to assist in completion of project; and

WHEREAS, these monies would come out of the remaining 2018 Arena Bond funds that can only be utilized for the Arenas only.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Arena Workgroup Committee recommendation to approve and authorize payment to MJ Architectural Studios, Inc. located in Bemidji, MN, in the amount of $10,000.00 from remaining 2018 Arena Bond funds for Agreement for Architectural Services of the Huck Olson Memorial Civic Center.

On vote being taken, the resolution passed by a seven to one vote with Holmer voting nay.

ADJOURNMENT TO TRUTH INT AXA TION HEARING

There being no further discussion, Councilmember Prudhomme moved, being seconded by Coun­cilmember Lorenson to adjourn to the Truth in Taxation Hearing tonight at 6:00 p.m.

TRUTH IN TAXATION HEARING

Mayor Holmer opened the Hearing. City Administrator presented an overview of the 2021 draft budget. Brian German commented. Spring Theis commented. There being no further discussion, the hearing was closed at 6:33 p.m. and the regular session reconvened.

COUNCIL BOARDS AND COMMISSIONS REPORTS

• Councilmembers reported on boards and commissions activities. • Discussion was had on the river and dangerous ice conditions.

Councilmember Brown left the meeting.

UPCOMING MEETINGS/EVENTS

• Utilities Committee Meeting-December 7th at 7:00 a.m. • Public Safety/Liquor Committee Meeting - December 7th at 4:30 p.m. • Administrative Services Committee Meeting-December 81h at 3:00 p.m. • Public Works Committee Meeting- December 9th at 4:30 p.m. • City Council Meeting- December 15th at 5:30 p.m.

ADJOURNMENT

There being no further discussion, Councilmember Lorenson moved, being seconded by Councilmem­ber Sollom to adjourn at 6:48 p.m. On vote being taken, the Chair declared the motion unanimously carried.

6

Brian D. Holmer, Mayor

Angela Philipp, City Administrator

Council Proceedings December I, 2020

Page S of S

7

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.03 I RESOLUTION NO. : APPROVAL TO PROCESS YEAR-END ACCOUNTS PAYABLE THROUGH DECEMBER 31, 2020

Presented as part of the Consent Agenda, Councilmember __ introduced Resolution No. , being seconded by Councilmember that:

WHEREAS, annually, the City Council can authorize payment of year-end bills to simplify the year-end accounting.

THEREFORE, BE IT RESOLVED, by the City Council, to authorize staff to process year-end accowits payable with payment on December 31, 2020. Staff will email a report to the Council prior to payment with Council invited to contact City Administrator Angela Philipp if they see something they question.

Presented at the December 15, 2020 Council Meeting

Introduced by: __________ _

Seconded by: __________ _

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad - -Narverud

Notes: ------------------------~

8

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.04 I APPROVAL OF CERTIFICATION OF UNPAID GRASS/WEED MOWING CHARGES TO PROPERTY OWNERS' 2021 PROPERTY TAX

Presented as part of the Consent Agenda, Councilmember __ introduced Resolution No., being seconded by Councilmember that:

WHEREAS, sidewalk snow removal charges remain unpaid to the City of Thief River Falls; an~

WHEREAS, pursuant to City Code Section 91.01 and Minnesota State Statute 429.101, the City may certify to the Pennington County Auditor the unpaid grass mowing charges.

THEREFORE, BE IT RESOLVED, by the City Council, to certify the following unpaid grass mowing charges from the 2020 mowing season to the Pennington County Auditor for collection as part of the property owner's property tax statement in 2021:

ADDRESS PARCEL AMOUNT

312 State Ave S 25.024.003 .10 399.45 619 Markley Ave S 25.010.019.30 94.05 408 Arnold Ave S 25.005.098.30 342.60 627 Gleason Ave N 25.020.038.30 125.40 1016 Duluth Ave N 25.021.019.20 214.95 122 Kendal Ave N 25.006.337.80 123.60 1020 Knight Ave N 25.021.010.10 215.50 610 151 St E 25.006.297.60 152.25 124 Conley Ave S 25 .006.274.50 61.00

Presented at the December 15, 2020 Council Meeting

Introduced by: _ ___ _ _____ _

Seconded by: __________ _

Roll Call (if required): _ Holmer_ Howe Soll om Lorenson _ Brown Prudhomme Aarestad

Narverud

Notes: ------------------------~

9

City of Thief River falls DIRECTOR OF PUBLIC WORKS

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

DATE: December 15, 2020

Request for Council Action

SUBJECT: Airport Easement and Subordination Agreement

RECOMMENDATION: It is respectfully requested that the Council consider the following Recommendation:

Motion to: Approve Thief River Falls Regional Airport Authority easement and subordination agreement for Westside Diversion Project.

PHONE: 218-681 -8506 FAX: 218-681 -8507

email: [email protected] www.citytrf.net

BACKGROUND: The Red Lake Watershed District, in partnership with Pennington County, the Minnesota Department of Transportation, and the City of Thief River Falls, are completing the Westside Diversion Project that redirects drainage of former County Ditch 70 around the city limits with a new outlet on airport property . This project eliminates flood damage that previously occurred northwest of the city and allowed urbanization of ditches through the city.

KEY ISSUES: The ditch outlet on airport property requires a flowage easement to allow for the construction and maintenance of the new drainage system. It also requires an agreement where the Red Lake Watershed District will subordinate its rights of the easement to airport use.

FINANCIAL CONSIDERATIONS: Fees paid by the project for the easement were provided to the Thief River Falls Regional Airport Authority.

LEGAL CONSIDERATION: Subject to review by City Attorney.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director

Encl: (2)

10

SUBORDINATION AGREEMENT

Date: December __ , 2020.

For and in consideration of the sum of One and 00/lOOths Dollars ($1.00), and other valuable consideration to them in hand paid, receipt of which is hereby acknowledged, the City of Thief River Falls, MN and the Thief River Falls Regional Airport Authority, hereinafter referred to as the "Airport", and the RL WO Board of Managers, a political subdivision organized and operating under Chapter l 030 of Minnesota Statutes with its principal office located at I 000 Pennington Avenue South, lbief River Falls, MN 56701, hereinafter referred to as "Company", hereby agree as follow:

WHEREAS, the Company is conducting a flood damage diversion project which would provide for periodic flood damage reduction; and

WHEREAS, Minnesota Statutes 1030.335 authorizes the Company to acquire real property rights; and

WHEREAS, the Airport is the owner of the Thief River Falls Regional Airport or the land under which a prior easement was granted to Company, the Company agrees with the Airport that Company will subordinate its rights under said easement to airport use and development and will not, in the maintenance, repair, removal, relocation, or replacement of its said facility/project, go upon the Airport's said airport real property or in any manner interfere with or interrupt the use or operation of said Thief River Falls Regional Airp011) its successors or assigns, or its attendant facilities, without prior coordination with, and the approval and/or issuance of pennit by the Airport.

NOW THEREFORE, the parties hereto agree, each with the other, that Company will not in the maintenance, repair, removal, relocation, or replacement of its described facility/project, go upon the Airport's said airport property or in any manner interfere with or interrupt the use or operation of said airp01t or its attendant facilities, without the prior approval of Airport; and the Airport must not unreasonably withhold such approval.

11

This Agreement is and must be binding upon and inure to the benefit of the parties, and their successors and assigns.

IN WITNESS WHEREOF, Grantor has executed this subordination agreement the day and year first above written.

STATE OF MINNESOTA ) ) SS.

COUNTY OF PENNINGTON )

City of Thief River Falls, MN

By: Brian Holmer Its: Mayor

Thief River Falls Regional Airport Authority

By: Joe Hedrick Its: Airport Manager

Red Lake Watershed District

By: Dale Nelson Its: President

The foregoing instrument was acknowledged before me this day of December, 2020, by Brian Holmer, Mayor of the City of Thief River Falls, MN, as Owner.

Notary Public

12

STATE OF MINNESOTA ) ) SS.

COUNTY OF PENNINGTON )

The foregoing instrument was acknowledged before me this day of December, 2020 by Joe Hedrick, the Airport Manager of the Thief River Falls Regional Airport Authority, on behalf of said Authority, as Owner.

Notary Public

ST A TE OF MINNESOTA ) ) SS.

COUNTY OF PENNINGTON )

The foregoing instrument was acknowledged before me this day of December, 2020 by Dale Nelson, the President of the Red Lake Watershed District.

Notary Public

This instrument was drafted by DELRAY SPARBY 312 North Main A venue PO Box 574 Thief River Falls, MN 56701

13

EASEMENT

Date: December , 2020. --

For and in consideration of the sum of One and 00/lOOths Dollars ($1.00), and other valuable consideration to them in hand paid, receipt of which is hereby acknowledged, the City of Thief River Falls, MN and the Thief River Falls Regional Airport Authority, hereinafter referred to as the "Grantor", and the RL WD Board of Managers, a political subdivision organized and operating under Chapter 103D of Minnesota Statutes with its principal office located at 1000 Pennington Avenue South, Thief River Falls, MN 56701, hereinafter referred to as "Grantee", hereby agree as follow:

WHEREAS, the RL WD Board of Managers is conducting a flood damage diversion project which would provide for periodic flood damage reduction; and

WHEREAS, Minnesota Statutes 103D.335 authorizes the RL WD Board to acquire real property rights; and

WHEREAS, the Grantor is the owner of the fee simple interest in real property which occupies the Flowage Easement area and is located in the County of Pennington and the State of Minnesota, as shown in attached Exhibit A and further defined as follows:

That part of the Northeast Quarter (NEI/4) of Section Seventeen (17), Township One Hundred Fifty-three (153) North, of Range Forty-three (43) West of the 5th Principal Meridian, Pennington County, Minnesota, described as follows:

14

Commencing at the northeast comer of said Northeast Quarter; thence South 89 degrees 24 minutes 01 second West, assumed bearing, along the north line of said Northeast Quarter, a distance of 1,343.00 feet; thence South 00 degrees 20 minutes 33 seconds West, a distance of 1,060.32 feet; thence North 90 degrees 00 minutes 00 seconds East, a distance of 143.04 feet to the point of beginning of that tract ofland to be described herein; thence South 10 degrees 22 minutes 22 seconds West, a distance of 346.55 feet; thence South 33 degrees 01 minute 11 seconds East, for a distance of 600.12 feet; thence South 49 degrees 16 minutes 04 seconds East, a distance of 690.30 feet; thence North 25 degrees 59 minutes 44 seconds East, a distance of 224.79 feet; thence North 46 degrees 05 minutes 40 seconds West, a distance of 555.68 feet; thence North 34 degrees 29 minutes 3 8 seconds West, a distance of 8 5 7. 96 feet to the point of beginning.

Said tract ofland contains 7.5 acres, more or less.

WHEREAS, the Grantor does hereby grant and convey to the Grantee, the Flowage Easement under and over the aforementioned described real property, to-wit:

1. TERM. This flowage easement shall be permanent and perpetual.

2. USE OF EASEMENT BY GRANTEE. Grantee, its successors and assigns, shall have the full and complete right, power, privilege, and easement to construct a channel, to overflow, to flood, and to cover such real property with such water as may be created by the construction of Red Lake Watershed District Project No._, Westside Diversion Project. Grantee shall have the right to dispose of spoil on any portion of said easement area. Grantee shall seed back any disturbed areas into an appropriate seed mixture. Grantee shall have the right to prevent any activities located on that portion of such real property that lies within the stated and respective boundaries, which would conflict with typical Flowage Easement use. Grantee shall have the right to enter on such real property from time to time for inspection and maintenance purposes assuring that no interference to flow exists within said Flowage Easement, including, but not limited to clearing, destroying, or otherwise disposing of any timber or other natural growth and any obstructions, accumulations or any other item that would in any way interfere with said Flowage Easement. Grantee shall have the right to remove or prevent the construction of any buildings or improvements located on the easement portion of such property and any other structures. If Granter damages grass cover, Grantor shall be responsible to re­establish grass cover at Grantor's own cost.

3. GRANTOR'S USE. Grantor's use of the subject area is subject to Grantee's use of the flowage easement area and Granter shall not disturb the flowage easement area or erect any structures without the prior written consent of Grantee.

4. LIABILITY. Gran.tor agrees that Grantee shall not be liable or responsible for any damage to crops or vegetative cover by reason of overflow or seepage of water within the tlowage easement area, Granter hereby assuming all risk of such future damage to future crops or vegetation.

5. SUBORDINATION. The concurrent use and any agreement contained herein is

15

subordinate to any Federal obligations of the Granter.

6. RESTRICTIONS ON CONSTRUCTION. Grantee shall not construct nor permit to stand on said premises any building, structure, poles, trees, or other object, whether natural or otherwise, of a height in excess of the FAR Part 777:1 Horizontal Surface.

7. NOTICE. Grantee shall file notice consistent with requirements off AR Part 77 (FAA Form 7460-1) prior to constructing any facility, structure, or item on said premises.

8. PROHIBITION ON GRANTEE USE. Grantee shall not hereafter use nor permit, nor suffer use of the land first described above in such a manner as to create electrical interference with radio communications between the installation upon the airport and aircraft or as to make it difficult for fliers to distinguish between airport lights and others, or as to impair visibility in the vicinity of the airport, or as otherwise to endanger the landing, taking off, or maneuvering of aircraft. Grantee shall not hereafter use, nor permit nor suffer use of the land first described above in such a manner as to create a potential for attracting birds and other wildlife, which may pose a hazard to aircraft.

9. RESERVATION BY GRANTOR. There is hereby reserved to the Grantor, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed. The public right shall include the right to cause in said airspace any noise inherent in the operation of any aircraft to navigation or flight through the said airspace or landing at, taking off from or operation on the Thief River Falls Regional Airport.

10. RIGHT TO TERMINATION. The Grantor and the airport will retain the right to terminate with or without cause and require the Grantee to abide by reasonable rules and regulations which have been, or may be, established by Grantor or the airport. Grantee will be responsible for any environmental remediation resulting from Grantee's use.

11. GOVERNING LAW. This conveyance shall be governed and construed in accordance with the laws of the State of Minnesota.

12. ENTIRE AGREEMENT, INVALIDITY. This conveyance sets forth the entire arrangement between the parties and there are no representations or warranties except as expressly set forth herein. No amendment or modification of this conveyance shall be valid unless in writing and signed by the parties hereto. Should any clause or provision of this conveyance become invalid for any reason, such invalidity shall not result in the invalidity or unenforceability of any other clause or provision of this conveyance.

13. TITLES AND HEADINGS. The titles and headings used herein are for convenience only and do not constitute any part of this conveyance.

14. BINDING. This flowage easement shall bind the parties hereto, their heirs, personal representatives, successors, and assigns and is a covenant running with the land for the term set forth above for the benefit of the Granter and its successors and assigns in the ownership and operation of the said airport..

16

IN WITNESS WHEREOF, Grantor has executed this flowage easement the day and year first above written.

STA TE OF MINNESOTA ) ) SS.

COUNTY OF PENNINGTON )

City of Thief River Falls, MN

By: Brian Holmer Its: Mayor

Thief River Falls Regional Airport Authority

By: Its:

The foregoing instrument was acknowledged before me this day of December, 2020, by Brian Holmer, Mayor of the City of Thief River Falls, MN, as Owner and Granter.

Notary Public

STATE OF MINNESOTA ) ) SS.

COUNTY OF PENNINGTON )

The foregoing instrument was acknowledged before me this day of December, 2020 by Joe Hedrick, the Airport Manager of the Thief River Falls Regional Airport Authority, on behalf of said Authority, as Owner and Granter.

Notary Public

This instrument was drafted by DELRAY SPARBY 312 North Main A venue

17

PO Box 574 Thief River Falls, MN 56701

18

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #?.as 1

RESOLUTION NO.: APPROVAL OF THIEF RIVER FALLS REGIONAL AIRPORT AUTHORITY EASEMENT AND SUBORDINATION AGREEMENT FOR \VESTSIDE DIVERSION PROJECT

Presented as part of the Consent Agenda, Councilmember introduced Resolution No. , being --seconded by Councilmember , that:

WHEREAS, The Red Lake Watershed District, in paitnership with Pennington County, the Minnesota Department of Transportation, and the City of Thief River FaUs, are completing the Westside Diversion Project that redirects drainage of fonner County Ditch 70 around the city limits with a new outlet on airport property. This project eliminates flood damage that previously occurred northwest of the city and allowed urbanization of ditches through the city; and

WHEREAS, the ditch outlet on airport property requires a flowage easement to allow for the construction and maintenance of the new drainage system. It also requires an agreement where the Red Lake Watershed District will subordinate its rights of the easement to airport use.

BE IT RESOLVED, by the City Council, to approve Thief River Falls Regional Airport Authority easement and subordination agreement for Westside Diversion Project.

Presented at the December 15, 2020 Council Meeting

Introduced by: - ----------

Seconded by: -----------

Roll Call (if required): Holmer Howe Sollom _ Lorenson Brown Prudhomme Aarestad Narverud

Notes: --------------------------

19

City of Thief River falls DIRECTOR OF PUBLIC WORKS

405 Third Street Ea-;t • PO Box 528 Thief River Falls MN 56701-0528

DATE: December 15, 2020

Request for Council Action

SUBJECT: MSA Street System Revisions

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Committee recommendation:

! #7.06 I PHONE: 218-681-8506

FAX: 218-681 -8507 email: mbol"[email protected]

www.citytrf.net

Motion to: Remove Spruce Avenue from County Road 62 to Greenwood Street, and Sherwood Avenue from First Street to Highway 1 as Municipal State Aid Streets; and designate Barzen Avenue from Technology Street to First Street, and Technology Street from C.S.A.H. 16 to Barzen Avenue as Municipal State Aid Streets.

BACKGROUND: State aid funds are collected by the state according to the constitution and law, distributed from the Highway Users Tax Distribution Fund, appropriated among the counties and cities, and used by counties and cities for aid in the construction, improvement and maintenance of county state-aid highways and municipal state-aid streets. The Needs component of the distribution formula estimates the relative cost to build county highways or build and maintain city streets designated as state-aid routes.

The City of Thief River Falls is a Municipal State Aid City with just over 67 miles of improved roadways under ow· j urisdiction. The State of Minnesota allows us to designate 20% of those streets, 13.51 miles, as Municipal State Aid Streets. This mileage is used to determine needs that establish a portion of our annual allotment.

KEY ISSUES: Each year the city reviews the system, adds any new streets, and certifies the mileage. A portion of Spruce Avenue and a portion of Sherwood Avenue are non­existing. The new formula for determining needs is based on average daily traffic. Maximizing the available mileage on our most heavily traveled streets is a key component in managing the street system. The designation of Technology Street is subject to annexation.

FINANCIAL CONSIDERATIONS: The addition of higher volume roadways will increase the City's annual revenue.

LEGAL CONSIDERATION: None.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director

Encl: (1)

20

"' I-'

®1

®

!•U lii"i

~I

@,

@

®J i~- """-~

~

©

f"U'Jl::~All'Y ll~

-, Hit r ~I [;:< r-- L L ~-._,.MC.: 1~ T.C

•:\l\F$::'TA rt:i>AfHM[Nf ~f" T1"<ANSPOfHllTION arrt:c ~r TR•NSPQlllA l(QN :AT• ~ •NAL rs1s

lh CQ[,:>(l(~T :~ "'fTM

US OE"llR"HEN T Of TR ANSPOR"•T1n'J rt::tJE.; AL H:G .... 'IJ.O'Y .'"l)MINI SlAATIQI\ ......

l<.I ~ .. l(.s: :Otfl =----= r>.,(4'

eASJC OAT"' ,. :SI';.

'* ' 1. ::GEND .,,(.hll.t'! fll,,.fri .... '(;tol..... @ US1~t(~T

1141T ttu-c ~"' G

C]1Ttl'"' SlAtr 'ID 1lj~1,j'.O' ~ iii

COt.Nn llOl.O 0 : 01POtll1t U"lr$ >1.11.1c AO•e "1Y•fC~

MU:'.\ICIPAL STREET

STATE AID SYSTEM

LEGE0D .._...!.I•- :o,,." sr.--c A.? r llCL• ~ll<lll..tfMl.WOStfttt"f

co .. "'~ s~··~ 11:~ -11co-rv.:.v :o..iNH 1'0•) Tltl.llfC HIG11v~l

PROPOSED REVISIONS

REMOVE SPRUCE "'VENUE (114) FROM COUNTY ROAO 112 TO GREENWOOO STREET -0 2& MILES

REMOVE SHERWOOo "'VENl.E (112) FROM FIRST STREET TO HIGHWAY NO 1 - 0.49 MUS

DESIGNATE BARZEN AVENUE (11e) FROM TECHNOLOGY STREET TO FIRST STREET+ 027 MILES

DESIGNATE TECHNOLOGY SlREET (XXX) FROM C.S A ,H NO, 16 TO SARZEN AVENUE+ 0.52 MILES

NET CHANGE + 0,02 MILES

CURRENT MUNICIPAL STATE AID STREET OVER/UNDER MILEAGE+ 0 10 MllES

RESULTING MUNICIPAL STATE AlO STREET OVERllJNOER MILEAGE+ om MllES

,..,, CbSoi ......

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.06 I

RESOLUTION NO. : APPROVAL TO REMOVE SPRUCE AVENUE FROM COUNTY ROAD 62 TO GREENWOOD STREET, AND SHERWOOD AVENUE FROM FIRST STREET TO HIGHWAY 1 AS MUNICIPAL STATE AID STREETS; AND DESIGNATE BARZEN A VENUE FROM TECHNOLOGY STREET TO FIRST STREET, AND TECHNOLOGY STREET FROM C.S.A.H. 16 TO BARZEN A VENUE AS MUNICIPAL STATE AID STREETS

Presented as part of the Consent Agenda, Councilmember __ introduced Resolution No. , being seconded by CoWlcilmember , that:

WHEREAS, State aid funds are collected by the state according to the constitution and law, distributed from the Highway Users Tax Distribution Fund, appropriated among the counties and cities, and used by counties and cities for aid in the construction, improvement and maintenance of county state-aid highways and municipal state·aid streets. The Needs component of the distribution formula estimates the relative cost to build county highways or build and maintain city streets designated as state-aid routes; and

WHEREAS, the City of Thief River Falls is a Municipal State Aid City withjust over 67 miles of improved roadways under our jurisdiction. The State of Minnesota allows us to designate 20% of those streets, 13 .51 miles, as Municipal State Aid Streets. This mileage is used to determine needs that establish a portion of our annual allotment; and

WHEREAS, each year the city reviews the system, adds any new streets, and certifies the mileage. A portion of Spruce A venue and a portion of Sherwood A venue are non-existing. The new formula for determining needs is based on average daily traffic. Maximizing the available mileage on our most heavily traveled streets is a key component in managing the street system. The designation of Technology Street is subject to annexation.

THEREFORE, BE IT RESOLVED, by the City Council, to accept a Public Works Committee recommendation to remove Spruce Avenue from County Road 62 to Greenwood Street, and Sherwood Avenue from First Street to Highway 1 as Municipal State Aid Streets; and designate Barzen A venue from Technology Street to First Street, and Technology Street from C.S.A.H. 16 to Barzen Avenue as Municipal State Aid Streets.

Presented at the December 15, 2020 Council Meeting

Introduced by: ~~--------~

Seconded by: _ _________ _

Roll Call (if required): _Holmer_ Howe Sollom Lorenson Brown Prudhomme _ Aarestad

Narverud

Notes: ~---------------~---------

22

City of Thief River falls DIRECTOR OF PUBLIC WORKS

405 Third Street East• PO Box 528 Thief River Falls MN 56701-0528

DATE: December 15, 2020

SUBJECT: Engineering Services

Request for Council Action

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Committee Recommendation:

PHONE: 218-681-8506 FAX: 218-681-8507

email: [email protected] www.citytrf.net

Motion to: Approve the reappointment of Widseth as the city engineering finn and Rich Clauson as the Engineer of Record.

BACKGROUND: The City of Thief River Falls uses an external consultant to provide engineering services for municipal street and utilities improvement projects, state required bridge inspections and municipal state aid process. The City has a long-term successful relationship with Widseth working together with city staff to complete these tasks.

KEY ISSUES: Each year the success of the relationship is evaluated, and an appointment made. The Public Works Committee discussed the services provided and detennined it be in the City's best interest to reappoint Widseth and Rich Clauson. This is a multi-discipline firm with expertise in many areas. They have a strong relationship with the MnDot State Aid office and specialize in municipal projects. There is great value to utilize a firm that has been involved in long term projects that often span several years from inception through completion.

FINANCIAL CONSIDERATIONS: The consultant works at an as needed basis which has resulted in engineering fees being considerably less than· industry standard.

LEGAL CONSIDERATION: None

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director

23

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.07 I

RESOLUTION NO. : AP PROV AL TO REAPPOINT WIDSETH SMITH NOLTING AS CITY ENGINEERING FIRM AND RICH CLAUSON AS ENGINEER OF RECORD

Presented as part of the Consent Agenda, Councilmember __ introduced Resolution No., being seconded by Councilmember , that:

BE IT RESOLVED, by the City Council, to confirm the appointment of Widseth Smith Nolting as the City 's Engineering Firm and appoint Rich Clauson as Engineer of Record.

Presented at the December 15, 2020 Council Meeting

Introduced by: ~----------

Roll Cal1 (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad Narverud

24

City of Thief River falls CITY ADMINISTRATOR

405 Third Street Ea~"t Thief River Falls l\1N 56701-0528

Request for Council Action

DA TE: December 15,2020

SUBJECT: City of Thief River Falls Financial Management plan

#7.08

PHONE: 218-681-2943 FAX: 218-68\-6223

email: [email protected] www .citytrf.net

RECOMMENDATION: accept City of Thief River Falls 5-year Financial Management plan for use as planning tool for user tax levies and charges and rates for the utility funds

Background: Northland Securities, Inc. was contacted by the city to provide expertise in developing a financial management tool for estimating the impact of specific projects and policy decisions on the city finances especially future utility and tax rates. The city's Administrative Services committee meeting on December 81

h, 2020 received a summary of the plan and staff has the ability going forward to revise the plan based upon changed circumstances.

Financial Considerations: the cost of plan development is $23,865 to be expensed from the contingency line item in the General Fund budget. The financial impacts of future proposed actions will be better estimated because of the use of the plan.

Department/Responsible Person: Angie Philipp, City Administrator

25

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #1.oa I

RESOLUTION NO. : APPROVAL OF THE CITY OF TmEF RIVER FALLS FINANCIAL MANAGEMENT PLAN

Presented as part of the Consent Agenda, Councilmember __ introduced Resolution No. , being seconded by Councilmember that:

WHEREAS, Northland Securities, Inc. was contacted by the city to provide expertise in developing a financial management tool for estimating the impact of specific projects and policy decisions on the city finances especially future utility and tax rates. The city's Administrative Services committee meeting on December gth, 2020 received a summary of the plan and staff has the ability going forward to revise the plan based upon changed circumstances.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Administrative Services Committee recommendation to approve the City of Thief River Falls 5-year Financial Management plan for use as planning tool for user tax levies and charges and rates for the utility funds.

Presented at the December 15, 2020 Council Meeting

Introduced by: -----------

Seconded by: _______ ___ _

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad - -

_ Narverud

Notes: ---------- --------- -------

26

City of Thief River Falls #7.O9

UTILITIES BILLING OFFICE

HISTONC SOO I,INE R-R. DLPOT405 Third Street East . P.O. Box 528ThiefRiver Falls. MN 56701-0528

PHONE: 218 681-4145FAX: 218 683-7343email: [email protected]

Request for Gouncil Action

December 8, 2020

Subject: Uncollectible Utility Account Write-offs.

Recommendation: lt is respectfully requested the Council consider the following:

Motion To: approve writing off the attached uncollectible utrlities accounts

Background: collection of delinquent accounts is done each month rather than wait untilyear end. The attached is a summary of what has been done with those delinquentaccounts.

Key lssues: Most delinquents are turned overto the Minnesota Revenue Recaptureprogram to be taken from the customers state tax withholdings and end up being paid. A feware turned over to the Credit Bureau. lf the customer who incurred the bill owned theproperty, we can certify it to the County for collection with taxes.

Financial considerations: Total to write off is $31,s61.62. lt is anticipated that the majorityof that will be recovered by the Minnesota Revenue Recapture program.

Legal Considerations: City policy is followed.

DepartmenUResponsible Person: Utility Billing/Patsy Lindquist

21

City of Thief River Falls #7.09

T'TILITIES BILLI\G OFFICE

HISTORIC SOO LINE R,R, DEPOT405 Third Streer East . P.O. Box 528ThiefRiver Falls. MN 56701-0528

PHONE: 218 681-4145FAX: 218 683-7343email: billing@ciry-trfnet

Request for Council Action

Subject: Certify an uncollectible utility accountDecember 8, 2020

Recommendation: lt is respectfully requested the Council consider the following:

Motion To: Approve certifying this uncolectible utility account to the pennington county Auditor

For collection with taxes if the amount of S85,796.00.

Background: We do not receive a payment every month and if they do make a payment it in thea mount of 515,000 and last year out of the 6 payments we received 2 of them came back NSF. I havecalled the head office and she says they will send payment when they can.

Key lssues: None

Financial Considerations: None

Legal Considerations: None

Department/Responsible person: patsy Lindquist, Senior Billing Clerk

Reviewed By:

3004002

1508 Hwy 1 E

Rustad Addition

Vacated E % of Lot 23 and Lots 24 thru 2t and W % of Lot 28

25.O47.020.00

28

City of Thief River Falls UTILITIES BILLING OFFICE

HISTORIC SOO LINE R.R. DEPOT 405 Third Street East. P.O. Box 528 Thief River Falls. MN 56701-0528

MEMO

TO: Utilities Committee

FROM: City of Thief River Falls Utility Billing Office

RE: 2020 Write Off

DATE: December 8, 2020

PHONE: 218-681-4145 FAX: 683-7343 email [email protected]

The following accounts are to be written off for the previous 12 month period. $28, 178.66 has been submitted to the MN Revenue Recapture program and $3,382.96 is small direct write-offs, for a total of $31,561.62.

Sincerely,

Patsy Lindquist Senior Billing Clerk Utility Billing Office City of Thief River Falls 218-681-4145

29

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.09 1

RESOLUTION NO. : APPROVAL TO WRITE OFF UN COLLECTIBLE UTILITY ACCOUNTS

Presented as part of the Consent Agenda, Councilmember _ _ introduced Resolution No. , being seconded by Councilmember , that:

BE IT RESOLVED, by the City Council, to accept a Administrative Services Committee recommendation to approve write off of uncollectible utilities accounts for the previous 12-month period. $0.00 has been turned over to the Credit Bureau; $28,178.66 has been submitted to the MN Revenue Recapture program, $3,382.96 in small direct write-offs and $85,796.00 turned over to tax roll, for a total of$117,357.62.

Presented at the December 15, 2020 Council Meeting

Introduced by: _ ___ ______ _

Seconded by: -----------

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad - -Narverud

Notes: ------------------------~

30

City of Thief River falls DIRECTOR OF PUBLIC WORKS

405 Third Street East· PO Box 528 ·n1iefRiver Falls MN 56701-0528

DA TE: December 15, 2020

Request for Council Action

SUBJECT: Residential Tax Abatement

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Conunittee reconunendation:

Motion to: Approve Tax Abatement for the following properties.

#8.01

PHONE: 218-681-8506 FAX: 218-681-8507

email: [email protected] www.citytrf.net

• 2015 Greenwood Street East. Lot 4, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.004.10- Kellie Dagg. Total estimated abatement is $458.04.

• 2013 Greenwood Street East. Lot 3, Block I, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25 .12 t .003 .10 - Tanner Nessen. Total estimated abatement is $572.42.

• 2103 Greenwood Su-eet East. Lot 9, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.009.10 - Brandi Dorge. Total estimated abatement is $487.00.

• 2021 Greenwood Street East. Lot 7, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121 .007.10- Mackenzie Swick. Total estimated abatement is $564.57.

• 1526 Cartway Drive. Rustad Addition S 125' ofN 135' of Lots 58-59 less E 14' of Lot 59 Parcel A. Parcel number 25.047.038.01 - Jeremiah Nichols. Total estimated abatement is $805.62.

• 1301 Labree Avenue North. Fairfield Addition S 137.4' of Lot 16. Parcel number 25.022.017.00 - Diana Donarski. Total estimated abatement is $626.43.

• 2101 Greenwood Street East. Lot 8, Block I, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.008.10-Tanner Dicken. Total estimated abatement is $601.88.

• I 08 Breezy Drive. Narveruds First Addition South 45.5' of North 116' of Lot 3 Blk 2. Parcel number 25.043.004.2 l - Wendall Wegge. Total estimated abatement is $795.80.

• 108 Gabbi Court. Useldinger First Addition Lot 003 Southerly Part of Lot 3. Parcel number 2 5 .115. 003. 00 - Marcia Sandahl. Total estimated abatement is $77 6.16.

BACKGROUND: The City of Thief River Falls and Pennington County, and in MMCDC'S Greenwood Neighborhood Addition also includes the school district, has a tax abatement program in place for new single-family homes built in the City of Thief River Falls. The home construction cost, excluding the lot value, cannot exceed $160,000 for homes built prior to Jtme of2015 and $200,000 for homes built after that. This abatement is good for three years and up to seven years if there are assessments. This only applies to the first owner occupying the home. Properties currently in the program, in their second or third year of abatement are as follows:

31

Second Year

• 2017 Greenwood Street East. Lot 5, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 2 5 .121. 00 5 .1 0 - Jamie Englund. Total estimated abatement is $5 9 5. 99.

• 100 Gabbi Court. Westerly part of Lot 1, Useldinger First Addition. Parcel number 25.115.001.00 - Suresh Sreedharan. Total estimated abatement is $673.56.

• 102 Gabbi Court. Easterly part of Lot 1, Useldinger First Addition. Parcel number 25.115.001.01 - Steven Keogh. Total estimated abatement is $701.05.

Third Year

• 2107 Greenwood Street East. MM CDC's Greenwood Neighborhood Addition Lot-011 Block-001. Parcel number 25.121.011.10-Christina Pribyl. Total estimated abatement is $627.41.

• 113 Eastwood Drive. South Eastwood Addition, Lot-005, Block-001. Parcel number 25.11100510- Duane & Wendy Horras. Total estimated abatement is $1,158.10.

• 131 Eastwood Drive. South Eastwood Addition, Lot-001, Block-002. Parcel number 25.111.009.20 - Margaret Kaste. Total estimated abatement is $1,049.61.

• 410 Evergreen Street. Lot 3, Pine Wood Estates. Parcel number 25.114.003.00- Marcellene Franson. Total estimated abatement is $832.62.

• 139 Willow Road. Lot-011, Block-004, Noreen's First Addition. Parcel munber 25.062.041.00-Karen Berggren. Total estimated abatement is $436.93.

KEY ISSUES: The homeowner must submit a copy of their property tax statement and proof of payment. There are ten new properties eligible for abatement this year. There are three existing properties in the second year and five in the third year of the abatement program. This program expires December 31, 2020. Any homes meeting the qualifications with building permits issued prior to December 31, 2020 will be honored.

FINANCIAL CONSIDERATIONS: The cost to the City for the abatement of all properties is $1 2,226.63.

LEGAL CONSIDERATION: The tax abatement requires Public Hearing for new property in their first year of abatement.

DEPART ME NT /RESPONSIBLE PERSON: Mark Borseth, 'Public Works Director Encl: (1)

32

NOTICE OF HEARING CITY OF THIEF RIVER FALLS

Notice is hereby given, pursuant to Minnesota State Statute 469.1813 through 469.1815 - Economic Development - Tax Abatement that the following property owners are eligible and have applied for tax abatement as per the Tax Abatement Policy approved by the City of Thief River Falls. The qualified properties are legally described as:

2015 Greenwood Street East. Lot 4, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.004.1 O - Kellie Dagg. Total estimated abatement is $458.04.

2013 Greenwood Street East. Lot 3, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.003.10- Tanner Nessen. Total estimated abatement is $572.42.

2103 Greenwood Street East. Lot 9, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.009.10- Brandi Dorge. Total estimated abatement is $487.00.

2021 Greenwood Street East. Lot 7, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25. 121 . 007 .1 O - Mackenzie Swick. Total estimated abatement is $564. 57.

1526 Cartway Drive. Rustad Addition S 125' of N 135' of Lots 58-59 less E 14' of Lot 59 Parcel A. Parcel number 25.047.038.01 - Jeremiah Nichols. Total estimated abatement is $805.62.

1301 Labree Avenue North. Fairfield Addition S 137.4' of Lot 16. Parcel number 25.022.017.00-Diana Donarski. Total estimated abatement is $626.43.

2101 Greenwood Street East. Lots, Block 1, MMCDC'S Greenwood Neighborhood Addition . Parcel number 25.121.008.10 - Tanner Dicken. Total estimated abatement is $601.88.

2011 Greenwood Street East. Lot 2, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.002.10 - Angela Swanson. Total estimated abatement is $463.44.

108 Breezy Drive. Narveruds First Addition South 45.5' of North 116' of Lot 3 Blk 2. Parcel number 25.043.004.21 -Wendall Wegge. Total estimated abatement is $795.80.

108 Gabbi Court. Useldinger First Addition Lot 003 Southerly Part of Lot 3. Parcel number 25.115.003.00 - Marcia Sandahl. Total estimated abatement is $776.16.

Notice is further given that the City of Th ief River Falls will conduct a Hearing on the Tax Abatements at 5:30 P.M. on Tuesday, December 15, 2020, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN 56701. All persons wishing to comment on will have the option to be heard at this time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the Office of the Public Works Director, City Hall, P. 0. Box 528, Thief River Falls, MN 56701 , or telephone 218-681-8506.

If you have a disability and need an accommodation in order to attend this Hearing, please contact the undersigned as soon as possible or at least three (3) working days in advance of the Hearing at the above telephone number.

Dated this 25th day of November 2020.

Mark Borseth Public Works Director

Published in the Wednesday, December 2, 2020, edition of The Times.

33

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

RESOLUTION NO. : APPROVAL OF TAX ABATEMENTS

I #a.01

A request for council action was reviewed. Councilmember _ _ introduced Resolution No. , being seconded by Councilmember _, that:

BE IT RESOLVED, by the City Council, to accept the Administrative Services Committee recommendation to approve Tax Abatement for the following properties.

• 2015 Greenwood Street East Lot 4, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.004.10 -Kellie Dagg. Total estimated abatement is $458.04.

• 2013 Greenwood Street East. Lot 3, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.003.10 - Tanner Nessen. Total estimated abatement is $572.42.

• 2103 Greenwood Street East. Lot 9, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.009.10- Brandi Dorge. Total estimated abatement is $487.00.

• 2021 Greenwood Street East. Lot 7, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.007.10-Mackenzie Swick. Total estimated abatement is $564.57.

• 1526 Cartway Drive. Rustad Addition S 125' ofN 135' of Lots 58-59 less E 14' of Lot 59 Parcel A. Parcel number 25.047.038.01 - Jeremiah Nichols. Total estimated abatement is $805.62.

• 1301 Labree Avenue North. Fairfield Addition S 137.4' of Lot 16. Parcel number 25.022.017.00 - Diana Donarski. Total estimated abatement is $626.43.

• 2101 Greenwood Street East. Lot 8, Block I, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.008.10- Tanner Dicken. Total estimated abatement is $601.88.

• 108 Breezy Drive. Narveruds First Addition South 45.5' of North 116' of Lot 3 Blk 2. Parcel number 25.043.004.21 - Wendall Wegge. Total estimated abatement is $795.80.

• 108 Gabbi Court. Useldinger First Addition Lot 003 Southerly Part of Lot 3. Parcel number 25.115.003.00- Marcia Sandahl. Total estimated abatement is $776.16.

34

Second Year

• 2017 Greenwood Street East. Lot 5, Block 1, MMCDC'S Greenwood Neighborhood Addition. Parcel number 25.121.005.10 - Jamie Englund. Tota l estimated abatement is $595.99.

• 100 Gabbi Court. Westerly part of Lot I , Useldinger First Addition. Parcel number 25.115.001.00 - Suresh Sreedharan. Total estimated abatement is $673.56.

• 102 Gabbi Court. Easterly part of Lot 1, Useldinger First Addition. Parcel number 25.115.001.01 - Steven Keogh. Total estimated abatement is $701.05.

Third Year

• 2107 Greenwood Street East. MM CDC's Greenwood Neighborhood Addition Lot-011 Block-001. Parcel number 25.121.011.10 - Christina Pribyl. Total estimated abatement is $627.41.

• 113 Eastwood Drive. South Eastwood Addition, Lot-005, Block-001. Parcel number 25.11100510 - Duane & Wendy Horras. Total estimated abatement is $1,158.10.

• 131 Eastwood Drive. South Eastwood Addition, Lot-001, Block-002. Parcel number 25.111.009.20- Margaret Kaste. Total estimated abatement is $1,049.61.

• 410 Evergreen Street. Lot 3, Pine Wood Estates. Parcel number 25.1 14.003.00 -Marcellene Franson. Total estimated abatement is $832.62.

• 139 Willow Road. Lot-011, Block-004, Noreen's First Addition. Parcel number 25.062.041.00 - Karen Berggren. Total estimated abatement is $436.93.

Presented at the December 15, 2020 Council Meeting

Introduced by: ~~~~~~~~~~~

Roll Call (if required): _Holmer_Howe Sollom _ Lorenson Brown Prudhomme Aarestad

Narverud

35

City of Thief Ri•er falls DIRECTOR OF f'UBLIC WORKS

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

DATE: December 15, 2020

Reg uest for Council Action

SUBJECT: Independent School District 564 -Conditional Use Permit Request

RECOMMENDATION: It is respectfully requested that the ColUlcil consider the following Planning Commission recommendation:

PHONE: 218-681-8506 FAX: 2l8-681-8507

email: [email protected] www.citytrf.net

Motion to: Approve a Conditional Use Permit for Independent School District 564 for an illuminated sign at Challenger Elementary School.

BACKGROUND: The City of Thief River Falls has a zoning code to regulate land use by segregating incompatible land uses, including residential, commercial, and industrial. Within these three main types of districts there generally will be additional restrictions that include specific requirements as to the type of buildings that are allowed, restrictions on accessory buildings, building setbacks from the streets and other boundaries, and size and height of buildings. In addition, there are sign regulations specific to each zoning district.

KEY ISSUES: Independent School District 564 is replacing their identification sign in the northeast corner of Pennington A venue and County Road 61. They have applied for a conditional use permit to allow an illuminated sign. The conditional use permit requirement allows a review to assure there are no negative impacts to adjacent properties from the illuminated sign. The dynamic display section of the code regulates brightness and message change frequency.

FINANCIAL CONSIDERATIONS: Costs associated with the Conditional Use Permit are paid ISD 564.

LEGAL CONSIDERATION: A Public Hearing was held by the Planning Commission to review this request.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director

Encl : (3)

36

a. ca :E c 0 ·-"ti u 0 ..J c: C> ·-(/) ~

CD C> c: CD -cu ..c: 0

38

NOTICE OF HEARING PLANNING COMMISSION

CITY OF THIEF RIVER FALLS

Notice is hereby given pursuant to Chapter 152 of the Thief River Falls ("City") City Code that Independent School District 564, 601 County Road 61, Thief River Falls, MN, has applied for a Conditional Use Permit to allow an illuminated sign at Challenger Elementary School. The property is described as follows:

Sect-03 Twp-153 Range-043 56.85 AC PART OF Sl/2SW1/4WEST OF RR TRACK LESS l .89A HWY AND LESS HWY ROW

Notice is further given that the Planning Commission will conduct a Hearing on the Conditional Use Permit Request at 5:00 P.M. on Tuesday, December 8, 2020, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN 56701. All persons wishing to comment on the Conditional Use Permit request will have the option to be heard at this time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the Office of the Public Works Director, City Hall, P. 0. Box 528, Thief River Falls, MN 56701, or telephone 218-681-8506.

If you have a disability and need an accommodation in order to attend this Hearing; please contact the undersigned as soon as possible or at least 3 working days in advance of the Hearing at the above telephone number.

Dated this 20th day of November 2020

CITY OF THIEF RIVER FALLS

Isl Mark Borseth Mark Borseth Public Works Director & Zoning Administrator

Published in the Wednesday, November 25th, 2020, edition of The Times.

39

NOTICE OF HEARING PLANNING COMMISSION

CITY OF THIEF RIVER FALLS

Notice is hereby given pursuant to Chapter 152 of the Thief River Falls ("City") City Code that Independent School District 564, 601 County Road 61 , Thief River Falls, MN, has applied for a Conditional Use Pennit to allow an illuminated sign at Challenger Elementary School. The property is described as follows:

Sect-03 Twp-153 Range-043 56.85 AC PART OF Sl/2SWl l4 WEST OF RR TRACK LESS L89A HWY AND LESS HWY ROW

Notice is further given that the Planning Commission wi11 conduct a Hearing on the Conditional Use Pennit Request at 5:00 P.M. on Tuesday, NovemberlO, 2020, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN 56701. All persons wishing to comment on the Conditional Use Permit request will have the option to be heard at this time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the Office of the Public Works Director, City Hall, P. 0. Box 528, Thief River Falls, MN 56701, or telephone 2 l 8-681-8506.

If you have a disability and need an accommodation in order to attend this Hearing; please contact the undersigned as soon as possible or at least .3 working days in advance of the Hearing at the above telephone nwnber.

Dated this 2yi1 day of October 2020

CITY OF THIEF RIVER FALLS

Isl Mark Borseth Mark Borseth Public Works Director & Zoning Administrator

Published in the Wednesday, October 28th, 2020, edition of The Times.

40

CHECKLIST FOR CONDITIONAL USE REQUEST

1. Applicant (Name/AddressJTel: lndependent School District 564, 230 Labree Avenue South, Thief River Falls, MN 56701. 218-681-8711.

2. General location of the request: 601 County Road 61. Challenger Elementary School.

3. Proposed use and/or zoning: The school district is proposing an illuminated sign at the NE corner of Pennington Avenue and County Road 61 .

4. Dimension of the request: Frontage - 2,385' Depth • 1,250'

5. Area of property in request: Sq. Feet· 2,4 76,386 Acres - 56.85

6. Existing characteristics: Zoning - Suburban Residential (R-1) Use: School

Conforming· Yes Non-Confonning - No

7. Adjacent land use: The existing property has single family homes to the north, south and west, and a rairroad to the east.

8. Adjacent zoning districts: The location borders General Residential District (R-2) to the north and south, and Agricultural District {AG) to the east and west.

9. 9. Characteristics of solls: According to the "Pennington County Soil Survey," soils are predominately Smiley sandy clay loam. Smiley consists of poorly drained soils in plane or slightly concave basins on g lacial lake plains.

10. Can the property be adequately serviced by: A. Storm and sanitary sewer? Yes B. Water and electrical? Yes C. Easementsize? As Platted

Is the proposed Special Use consistent with the Comprehensive Plan? Yes

11. Have other pertinent segments of the Comprehensive Plan been conaidervd? NA

13. Does the property provide, either now or potentially, enough area for adequate off-atreet parking? NA

A. Will off..street parking be located in the side yard area or the rear yard area? NA.

B. Will off-street parking be suitably screened from view? NA.

C. Is there adequate room on the property for loading space(s)? NA.

14. If it is a heavy industry, is It readily available to a major thoroughfare and rail lines? N/A

41

15. Should screening be provided along the boundaries of this property? N/A

16. Are screened storage and trash areas provided? NA

17. Are vehicular acceasways adequate? NA

18. Will tha use impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district? No. The proposed use is consistent wilh the comprehensive plan.

19. Can it be found that there is a public necessity for the Special Use? The school district feels the sign is necessary to identify and promote the school, as well as provide an opportunity to communicate with the public through dynamic messaging.

20. What is the general character of the neighborhood? The area is primarily residential. Much of the area to the west is underdeveloped at this time. Property to the east is agricultural use.

21. Are Wetlands or Shore land impacted by this request? No

COMMENTS: See RCA, Application, Notice of Hearing, Checklist, and Sign Plan.

CRITERIA FOR GRANTING CONDITONAL USE PERMITS

1. The establishment, maintenance, or operation of a conditional use will not be detrimental to or endanger the public health, safety, morals, or general welfare.

2 . The conditional use will not create an excessive burden on existing parks, schools, streets, and other public facilities and services which serve or are proposed to serve the area.

3 . The conditional use will be sufficiently compatible with or separated by distance or screening from adjacent Agriculture or Residential zoned or used land.

4. The structure and site shall have an appearance that will not have an adverse effect upon adjacent agricultural or residential zoned or used land.

5. The conditional use is related to the overall needs of the City and to existing land use.

6. The conditional use is consistent with the purpose of this Chapter and requirements of the Zoning District.

7 . The conditional use is not in conflict with the Comprehensive Plan .

8. Adjacent business will not be adversely affected because of curtailment of customer trade brought on by the intrusion of noise, glare, or genera/ unsightliness.

42

D REZONING (Fee $190.0())

D VARIANCE (Fee $150.00)

Application To Planning Commission/BOZA City of Thief River Falls

Community Services 405 3rd Street East - P 0 . Box 528

Thief River Falls, MN 56701 218-681-8506

O APPEALS (Fee $50.00)

D LAND SUBDIVISION (Fee $300.00)

-._CONDITIONAL USE PERMIT (Fee$150.00)

Address State Zip

Address

00,

Description o Request (" 1

rliv l1 ; '"'.) .\.,.,· C"' ov,\ :t; ... -....J ,,_x._ ·\; - ~· ""' : r L.- , ........... ! I{ t.A..""'- ' v,.h.t..\ 6 :,~""

Propelt')I Owner Signature (roqui~~

Appllomt Slgnalllf1!

Review 'F<lrofflco use on Date of PubllcaUon Oate on PlaMlng Commission Agenda

Action Taken Sy Commission:

AIOtion Taken Sy City Council:

City CounQll Reaorutlon I Ordinance Number

Fee Paid

43

' )

~~~~~~#v (}'~ ~unty, Jk,,neODla

That part of the South Half o f the Southwest Quarter (SlSW!), Section

Three (3), Township One Hundr ed fifty- three (IS3) North, of Range

Forty-three (43) West of the Fifth Pr incipal Meridian, described as

follo,,,.s:

Commencing at the northwe6t corner of the said SiSWi, which point is also the southwest corner of Norean's Ftrsi: Addition c: o the C:!.ty of Thief River Falls, Mimesota; thence North 89° 55 1 00" East, a ssumed bearing , along the !:Ou th line of said Noreen 1 s first Addition 698. 76 feet to the point of beginning of the tract to be described; thence Sou th 00 ° 05' 00" East 182. OS feet; thence South 74 ° 41' 32" Wes t 174.26 feet; thence s outhweste r ly along a tangential curve concave to the southeast having a radius of 150.00 feet and a central angle of 75° oz• 09", 196.44 feet; the nce South 00" ZO' 37" East 117.79 feet; thence South 06° 07' 07" We.st 43.96 fe.et; thence south­we.sterly along s. tangential cur ve, concave to the north­west having a radius of 140.00 feet and a central angle of 811 ° 30 1 2 711 , Z06. 49 fe.et: thenc e North 89 ° 22' 26" Wes t 268.52 f eet co the w~s t line of the said SiSWl; thence South 00" 38' 26'.' East along said west line 670. 26 feet to the south line o f the said SW!; the.nee South 89° 56' 22" . East along said sautn line 2490 . 90 feet to the westerly right of way line af che Soo L1ne Railroad; thence North 25° 17' JS" We.st along said westerly line 1473.06 feet to the said south line of said Noreen's First Addition; thence South 89" 55r 00" West along said south line. ll77 . 61 [eet to the point of beginning.

Thi s abstra~t of ci tle is a history of t he record t itle of the property desc ribed the rein and does not repre sent tha t the t l tle is good and mA.-lr P 'l'"hl P..

(' .. ...

44

ApoJjcat!on tor Sign Permit Fee: $100.00 per sign

Community Services 405 3rd Street East - P.O. Box 528

Thief River Falls, MN 56701 218-681·8506

State Zff) MN 56701

o Attach a plan showing the sign size, location, type of material used and footing and foundation plan for pylons. If the sign Is to be mounted on the building, show an elevation of the bulldlng and sign.

Declaration

I hereby certify that the information provld41d in this appl!callon is ir1,1e, correct and complete to the best of my knowledge and bellef. I l'lereby authorize the City of Thief River Falls and any agent or employee of it. lo inspect the proposed site at any reasonable time befote and after any per · is issued related to this reQuest.

By

Conditions for approval:

45

""'':"··-- ••lllli~ «~lid' nn I , I m a $?' '(' Q Not Approved, Mate Noted Cha11g111S

0 Approwed, No Chanvts Requfrwd

~ ~

(:._ ___ ) (.._______.) PLEASF READ 1-'ROOf CAREFULLY' PRODUCTION IN/LL NOT REG1N WITHOUT A SIGNATURE.

Once proof i1 •ppro"9d, JH Signs will not be financially responsible for any miupefllng or incorriect layout.

L] Cotrert Dimensions 0 Correc:t L•yo"t [ .lCorrect Spelling I] Correct Color

41357 460th St., P•rh1m, MN 56573 • P:218 . .i46.7446 • F: 218.346.7406 • www.Jhsigns.com

46

_8_1 in

47

.J Nat ll.ppr..,.d, U•b Ncoted Chong••

0 Appr..vM. Nu C:bMpJ Re~uired

~ GUli

( ______ -.J)(~~ PLEAS£ ftEAO PROO~ CARE.l'l/LlY 1 f'RODUCJIOlll llVILL NOT BEGlllJ WITHOUT A SIGlllATURI:;

Once proof i~ •pp roved. JH Signs will not b• fiOAndaUy r'sponsible t'or any mlsspelllng o~ fncomtct layout,

[)correct Dimensions n corr•d Layout LJCorr~ Spelling O correct Color

4H57 460th St., Petham. MN 56573 • P:218.346.7446 • F: 218.346.7405 • www.jhslgns.com

-8.1 in ..

24 in .

48

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #a.02 I

RESOLUTION NO. : APPROVAL OF INDEPENDENT SCHOOL DISTRICT 564 CONDITIONAL USE PERMIT REQUEST

A request for council action was reviewed. Councilmember _ _ introduced Resolution No. , being seconded by Councilmember _, that:

WHEREAS, Independent School District 564 is replacing their identification sign in the northeast comer of Pennington A venue and County Road 61. They have applied for a conditional use permit to allow an illuminated sign. The conditional use permit requirement allows a review to assure there are no negative impacts to adjacent properties from the illuminated sign. The dynamic display section of the code regulates brightness and message change frequency.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Planning Commission reconunendation to approve a Conditional Use Permit for Independent School District 564 for an illuminated sign at Challenger Elementary School.

Presented at the December 15, 2020 Council Meeting

Introduced by: ---------- -

Seconded by: ------ --- --

Roll Call (if required): _Holmer_ Howe Sollom Lorenson _ Brown _Prudhomme Aarestad

Narverud

Notes: ------------------------~-

49

City of Thief River Falls DIRF.CTOR OF PUBl!C WORKS

405 Third Street East• PO 13ox 528 Thief River Falls l'vlN 56701-0528

DATE: December 15, 2020

SUBJECT: Ordinance Amendment

Request for Council Action

RECOMMENDATION: It is respectfully requested that the Council consider the following Planning Commission recommendation:

PHONE: 218-68l-8506 FAX: 218-681-8507

email: [email protected] www.citytrf.net

Motion to: Call for second reading to consider amendment to City Code Chapter 152.003 (13 1), to add the definition for Temporary Storage Container/Semi-Trailer; and 152.028 Perfonnance Standards For All Residential Districts and 152.036 Performance Standards For Commercial And Industrial Zoning Districts addressing the use of Temporary Storage Containers/Semi­Trailers; and by adopting by reference City Code Chapter I 0 and Section 152.998, which, among other things, contain penalty provisions.

BACKGROUND: The City of Thief River Falls has sections in the city code controlling land use in various zoning districts that contains sections on performance standards with detailed regulations.

KEY ISSUES: The City of Thief River Falls currently does not regulate storage containers. The recent and growing use of temporary storage containers has caused concern for the need to regulate their use. This amendment would define temporary storage containers and semi-trailers and regulate their use. They would be prohibited in residential zoning districts, except for their temporary use during construction. They would be allowed in commercial and industrial zoning districts with requirements for placement, size, and condition.

FINANCIAL CONSIDERATIONS: None.

LEGAL CONSIDERATION: The proposed ordinance amendment requires a public hearing to be held by the Planning Commission, and two readings and final approval by City Council.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director

Encl: (2)

50

NOTICE OF HEARING PLANNING COMMISSION

CITY OF THIEF RIVER FALLS

Notice is hereby given, pursuant to Chapter 152 of the Thief River Falls City Code, that the Planning Commission recommends:

An amendment to City Code Chapter 152.003 (131), to add the definition for Temporary Storage Container/Semi-Trailer; and 152.028 Performance Standards For All Residential Districts and 152.036 Performance Standards For Commercial And Industrial Zoning Districts addressing the use of Temporary Storage Containers/Semi-Trailers; and by adopting by reference City Code Chapter 10 and Section 152.998, which, among other things, contain penalty provisions.

Notice is further given that the Planning Commission will conduct a hearing on the amendments at 5:00 p.m. on Tuesday, November IO, 2020, in the City Council Chambers, 405 3r<1 Street East, Thief River Falls, MN. All persons wishing to comment on the amendments will have the option to be heard at that time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the office of the Public Works Director, City Hall, P.O. Box 528, Thief River Falls, MN 56701, or telephone 218-681-8506.

If you have a disability and need an accommodation in order to attend this hearing, please contact the Public Works Director at the above address or phone number.

Dated this 23rd day of October 2020

CITY OF THIEF RIVER FALLS

Isl Mark Borseth Public Works Director & Zoning Administrator

Published in the Tuesday, October 28, 2020, edition of The Times.

51

ORDINANCE NO. __ , 3rd SERIES

AN ORDINANCE OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING 152.003, TO ADD DEFfNITIONS FOR TEMPORARY STORAGE CONTAINERS AND SEMI­TRAJLERS; AND 152.028 PERFORMANCE STANDARDS FOR ALL RESIDENTIAL DISTRICTS AND 152.036 PERFORMANCE STANDARDS FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, RESTRICTING THE USE OF TEMPORARY STORAGE CONTAINERS AND SEMI-TRAILERS, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 152.998, WHICH, AMONG OTHER THINGS, CONTAIN PENAL TY PROVISIONS.

THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS:

Section 1. City Code Chapter 152.003 is hereby amended to read as follows:

152.003 DEFINITIONS

(131) TEMPORARY STORAGE CONTAINERS AND SEMI-TRAILERS

(a) Temporary Storage Container: A standardized reusable steel box or container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures.

(b) Semi-Trailer: A freight trailer with wheels only in the rear that is designed to be pulled by a truck tractor and is used to transport and store materials and products.

Section 2. City Code Chapter 152.028 is hereby amended to read as follows:

(I) Temporary Storage Containers and Semi-Trailers.

(1) The use of a temporary storage container/semi-trailer is prohibited in residential districts, C-1 , C-3 and C-4, except in accordance with the following:

(a) The scope of this section, with respect to semi-trailers. is limited to the use of such trailers for storage when they are disconnected from a truck tractor. This section does not apply to the handling of semi-trailers when connected to a truck tractor.

(2) A temporary storage container/semi-trailer may be used to support construction activities occurring on the same property, subject to the following conditions:

(a) No more than a combined t9tal of two temporary storage containers/semi-trailers are to be located on a property in R-1, R-2, R-3, C-1, C-3 and C-4 zoning districts.

52

(b) The temporary storage container/semi-trailer may only be on the property while the construction activities are occurring on the same property.

(c) A current building permit has been issued for the construction activities.

(d) The temporary storage container/semi-trailer is removed within seven (7) calendar days after completion of construction or the expiration of the building permit, whichever occurs first.

(e) A temporary storage container/semi-trailer for the limited purpose of temporary storage to accommodate a move, a remodeling project, or the clean-up of a casualty loss may be on a property for no more than fifteen (15) consecutive days in a calendar year.

Section 3. City Code Chapter 152.036 is hereby amended to read as follows:

(H) Temporary Storage Containers and Semi-Trailers.

(1) The use of a temporary storage container/semi-trailer is allowed in C-2 and industrial zoning districts 1-1 and 1-2, in accordance with the following:

(a) The scope of this section, with respect to semi-trailers, is limited to the use of such trailers for storage when they are disconnected from a truck tractor. This section does not apply to the handling of semi-trailers when connected to a truck tractor.

(b) No temporary storage container or semi-trailer shall exceed four hundred ( 400) square feet . No temporary storage containers may be stacked more than two high.

(c) Any use of temporary storage containers must be an accessory use related to the primary use of the real property. The use of temporary storage units for third party use or rental is prohibited. The temporary storage container/semi-trailer location shall meet the accessory use setback requirements for the applicable zoning district, including buffer requirements.

( d) Contractor's shops and storage facilities are exempt from the requirements for their temporary storage containers and job trailers that are regularly transported to and from the contractor's shop or storage facility as part of its on-going business activities.

(e) All temporary storage containers/semi-trailers must be kept free of nuisances (grass, weeds, trash, vermin, holes, peeling paint, rust, damage, etc.) or it can be deemed a nuisance.

(f) No temporary storage containers/semi-trailers shall occupy any required off-street

53

parking or loading areas.

Section 4. City Code Chapter 10 entitled "General Provisions" and Section 152.998 entitled "Violation" are hereby adopted in their entirety, by reference, as though repeated verbatim herein.

Section 5. This ordinance shall be in force and effect from and after its passage, approval, and publication.

Passed by the City Council of Thief River Falls, Minnesota, on the _ _ day of December 2020.

Voting Aye:

Voting No:

Abstaining:

Absent:

Mayor ATTEST:

City Administrator

If recommended, said proposed ordinance amendment would be submitted for review and approval by the City Council of the City of Thief River Falls.

54

City of Thief River falls DIRECTOR OF PUBLIC WORKS

405 Third Street East • PO ~ox 528 Thief River F111ls MN 56701-0528

DATE: December 15, 2020

Request for Council Action

SUBJECT: 2021 Public Improvements Feasibility Report

I #a.04 I PHONE: 218·681 -8506

FAX: 218-681-8507 email: [email protected]

www.citytrf.net

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Committee recommendation:

Motion to: Call for a Feasibility Report for the potential 2021 Street & Utilities Improvements.

BACKGROUND: The following list of potential improvements is based on items from the City's Capital Improvement Program, items requested by developers, and other departments.

• Franklin Middle School Safe Route to School Multi-Use Trail

•Oakland Park Multi-Use Trail

• Miscellaneous Pennington County FairgroWld Paving

• Valley Home Access Realigrunent

KEY ISSUES: The City needs to begin the process of discussing items to be included in a public improvement project in 2021 to assure adequate time for a project hearing and construction drawings preparation to have a project ready to bid in the Spring of2021 for completion next fall.

FINANCIAL CONSIDERATIONS: Outlined in attached summary.

LEGAL CONSIDERATION: Minnesota Statute Chapter 429 requirements apply.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director.

Encl: (I)

55

Potential 2021 Street & Utilities Improvements

1. Franklin Middle School SRTS Trail $200,000 Project Cost

$52,000 Local Share/City Force Account TBD $148, 000 SRTS Grant

2. Fairgrounds Miscellaneous Paving $10,000 Project Cost

$0 General City Cost $10,000 Pennington County Fair Board - Invoice

3. Oakland Park Multi-use Trail $135,000 Project Cost

$34,000 Local Share/City Force Account TBD $101 ,000 Red Lake River Corridor Grant

4. Valley Home Access Realignment $250,000 Project Cost $175,000 Local Partnership Program Grant

$75 ,000 Invoice to Developer

I $ 595,000 Total Project Cost $ 85,000 Direct Invoicing $ 424,000 Grants Total $ 86,000 Total Local Share/City Force Account

56

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #a.04 I RESOLUTION NO. : APPROVAL TO CALL FOR 2021 STREET AND UTILITIES IMPROVEMENT PROJECT FEASIBILITY REPORT

Mark Borseth, Conununity Services Director, presented a recommendation. Following discussion, Councilmember introduced Resolution No. , being seconded by Councilmember that:

WHEREAS, the City needs to begin the process of discussing items to be included in a public improvement project in 2021 to assure adequate time for a project hearing and construction drawings preparation to have a project ready to bid in the Spring of 2021 for completion next fall.

WHEREAS, the following list of potential improvements is based on items from the City's Capital Improvement Program, items requested by developers, and other departments.

•Franklin Middle School Safe Route to School Multi-Use Trail

•Oakland Park Multi-Use Trail

•Miscellaneous Pennington County Fairground Paving

• Valley Home Access Realignment

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works recommendation to call for a Feasibility Report for the potential 2021 Street & Utilities Improvements.

Presented at the December IS, 2020 Council Meeting

Introduced by: ------- --- -

Seconded by: - - --- - --- --

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad - -Narverud

Notes: --------------------------

57

City of Thief River Falls I #a.os I UTILITIES BILLING OFFICE

HISTORIC SOO LINE R.R. DEPOT 405 Third Street East . P.O. Box 528 Thief River Falls, MN 56701 -0528

Request for Council Action

DATE: December 15, 2020

SUBJECT: Water and Waste Water Rate Increase

PHONE: 218 681-4145 FAX: 218 683-7343 email: [email protected]

RECOMMENDATION: It is respectfully requested the Council consider the following:

Motion to: accept a Utilities Committee Recommendation to approve setting rates the 2021, 2022 and 2023 for Water and Wastewater Utilities effective with the January 1, 2021 billing.

BACKGROUND: The Utilities Committee reviewed the proposed 2021, 2022, and 2023 water and sewer rates. It was recommended to continue with a 2% increase from the Northland Securities 5-year plan for water and wastewater.

KEY ISSUES: Increases are needed to fund the lime sludge project, sewer project upgrades that are mandated by MPCA, pump replacement, phosphorus management plan, sewer main re· lining, and bond payments.

FINANCIAL CONSIDERATIONS: The rate increases will generate approximately $75,000 in water and $26,000 in wastewater.

LEGAL CONSIDERATION:

DEPARTMENT/RESPONSIBLE PERSON: Wayne Johnson, Water Systems Superintendent and Angie Philipp, Finance Director

58

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #a.as I

RESOLUTION NO. : APPROVAL OF WATER AND WASTEWATER RA TE INCREASE EFFECTIVE WITH THE JANUARY 2021 BILLING

A Public Utilities Committee recommendation was presented. Following discussion, Councilmember introduced Resolution No. , being seconded by Councilmember _ _ _ that:

WHEREAS, The Utilities Committee reviewed the proposed 2021, 2022, and 2023 water and sewer rates. It was recommended to continue with a 2% increase from the Northland Securities 5-year plan for water and wastewater.

THEREFORE, BE IT RESOLVED, by the City Council, to accept a Utilities Committee Recommendation to approve setting rates the 2021, 2022 and 2023 for Water and Wastewater Utilities effective with the January 1, 2021 billing until thereafter amended:

Determination of Rate: As provided by City Ordinance, the City shall determine the rate at which a customer is charged.

State Sales Tax: Where applicable, the water utility rates shown below are subject to state sales tax.

Monthly Service Charge: The monthly service charge is the minimum charge and is in addition to any volume charge. A customer served by more than one meter shall be billed a service charge for each meter.

WATER UTILITY RATES EFFECTIVE JANUARY 2021 BILLING

Service Size: 2021 2022 2023

5/8" &3/4" $ 22.88 $ 23.33 $ 23.80

1" $ 45.33 $ 46.24 $ 47.16

11/4" $ 70.49 $ 71.90 $ 73.34 -11/2" $ 102.11 $ 104.15 $ 106.23

2" $ 180.74 $ 184.35 : $ 188.04

3" $ 406.80 $ 415.00 $ 423.30

4" $ 724.03 $ 738.51 $ 753.28

6" $1!628.78 $1r661.36 : $1,694.59 . .

Volume Charge per 1,000 gallons: The volume charge, to be billed monthly, is as follows:

Usa$e: 2021 2022 2023 Up to 10,000 gallons 0.0056 0.00571 0.00582

19,(){)~ _t.() ~,0()0,000 _&~llcms 0.00574. 0.00585 0.00597 -- ·- - .. . l'J1()re_ ~~.a~ 2,009,oog ~al Ions 0.00502 0.00512 O.OOS2i

Charge per 1,000 gal Ions

59

WASTEWATER RA TES EFFECTIVE JANUARY 2021 BILLING

Waste Water ~o_n!~l_y Se~ic_e Charge !

Service Size: 2021 2022 2023

5/8" &3/4" ' $ 9.41 $ 9.60 $ 9.79 1" $ 20.70 s 21.12 : $ 21.54

11/4" $ 32.00 $ 32.64 : $ 33.29

11/2" $ 45.55 ? 46.46 $ 47.39

2" $ 80.30 $ 81.91 $ 83.55 311 $ 179.80 $ 183.40 $ 187.07 4" $ 319.21 ; $ 325.59 $ 332.10 6" $ 717.71 $ 732.07 : $ 746.71

Volume Charge per 1,000 gallons: The volume charge, to be billed monthly, is as follows:

Usa~e: 2021 2022 2023

All gallons 0.00159 0.00163 0.00167

BE IT FURTHER RESOLVED, by the City Council, to amend the 2021 , 2022, 2023 Water and Wastewater budgets to reflect the proposed Water and Wastewater increases.

Presented at the December 15, 2020 Council Meeting

Introduced by: _ _____ _ _ __ _

Seconded by: ___ _ _ _ ____ _

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad Narverud

Notes: - - ---------- - - ----- ------

60

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

RESOLUTION NO. : APPROVAL OF 2021 BUDGET

I #8.06 I

Angela Philipp, City Administrator, presented a recommendation. Following discussion, Councilmember __ introduced Resolution No. , being seconded by Councilmember _ ___, that:

RESOLVED, by the City Council, to adopt the City-wide 2021 Budget in the amount of $35,671,759 of revenue from all funds and $34,626,655 of expenditures from all funds, with a transfer to (or use of) fund reserves of $45,104.

Presented at the December 15, 2020 Council Meeting

Introduced by: - --- -------

Seconded by:-----------

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad - -Narverud

Notes: ------------------------~

61

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

RESOLUTION NO. : APPROVAL OF 2021 TAX LEVY

I #a.01 I

Angela Philipp, City Administrator, presented a recommendation. Following discussion, Councilmember __ introduced Resolution No. , being seconded by Councilmember __ , that:

RESOLVED, by the City Council, to certify the City of Thief River Falls 2021 Tax Levy at $2,795,848 to the Pennington County Auditor, representing a 8% increase from the 2020 Tax Levy. The breakdo\.vn of the 2021 Tax Levy is as follows:

General Fund Levy Bonded Debt Levy Net Tax Levy

Presented at the December 15, 2020 Council Meeting

Introduced by: ---- ---- ---

Seconded by: __________ _

Roll Call (if required):

$1,975,680 $ 820,168 $2,795,848

_Holmer_Howe Sollom _Lorenson Brown Prudhomme _Aarestad _ Narverud

Notes: ------------------------~

62

BANK/BROKER RSC American Express Centurion Bank

Discover BK CD 1.4

Discover BK CD 1.5

Goldman Sachs BK SLT Lake City

Texas Echange Bk Croowley

Albertville Ala Taxable GO

Sallie Mae BK Salt lake City

Bank Hapoalim BM New York

BMO Harris Bank Natl Assn

BMW Bnk North Amer Salt Lake

Comenity Cap Bk Utah CD 1.2

Port Houston Auth Tex Harris

Morgan Stanley Pvt Bk

State Bk India New York NY

JPMorgan Chase Bank N A CD CLL

Defiance Ohio City Sch Dist

Thief River Falls Minn lndpt

Plattsburgh NY Pub lmpt Bnds

Border State Bank

°' w

crTY OF THIEF RIVER FALLS INVESTMENT SUMMARY

TYPE AND DESCRIPTION MATURITY OF SECURITY PAR DATE

Certificate of Deposit - Brokered $247,000 05-Apr-21 Certificate of Deposit - Brokered $120,000 13-Jul-21 Certificate of Deposit - Brokered $125,000 20-Jul-21 Certificate of Deposit - Brokered $200,000 24-Jan-22 Certificate of Deposit - Brokered $249,000 25-Mar-22 Certificate of Deposit - Brokered $255,000 01-Jun-22 Certificate of Deposit - Brokered $82,000 23-Aug-22 Certificate of Deposit - Brokered $171 ,000 26-Feb-21 Certificate of Deposit - Brokered $183,000 26-Jun~23

Certificate of Deposit - Brokered $209,000 11-0ct-23 Certificate of Deposit - Brokered $249,000 15-May-24 Certificate of Deposit - Brokered $500,000 01-0ct-24 Certificate of Deposit - Brokered $245,000 27-Feb-25 Certificate of Deposit - Brokered $183,000 10-Jun-25 Certificate of Deposit - Brokered $246,000 30-Sep-25 Certificate of Deposit - Brokered $550,000 01-Dec-28 Bond - Brokered $190,000 01-Feb-27 Bond - Brokered $200,000 01-Nov-22

RSC INVESTMENTS

Certificate of Deposit $100,000 16-Dec-19

YIELD OR INTEREST

RATE

2.30% 1.45% 1.50% 2.95% 1.00% 0.64% 2.35% 0.25% 0.60% 1.85% 2.75% 2.25% 1.80% 1.05% 0.40% 0.00% 1.01% 2.25%

0.65% BORDER STATE BANK INVESTMENTS

11/30/2020

CURRENT CALL MARKET DATE VALUE

05-Apr-21 $248,820.39 13-Jul-21 $121 ,039.20 20-Jul-21 $126, 156.25 23-Jul-19 $206,61 2.00 27-Apr-20 $251,953.14 01-Jun-21 $255,423.30 23-Aug-22 $85,146.34 26-Aug-22 $171 ,335.16 26-Sep-20 $183,069.54 11-Apr-20 $218,935.86 15-May-19 $270,605. 73 12-Aug-20 $534.150.00 27-Aug-20 $260,378.65 10-Dec-20 $188,762.67 31-Mar-21 $246, 130.38 01-Dec-28 $483,444.50 01-Feb-27 $189,819.50 02-Nov-17 $205,536.00

$4,24 7,318.61

16-Dec-19 $100,000.00 $100,000.00

Texas Capital Bank Certificate of Deposit - Brokered $249,500 17-Sep-21 Citadel FCU Certificate of Deposit - Brokered $245,900 21-Dec-20 Sonabank Certificate of Deposit - Brokered $238,800 26-Feb-21 Old Plank Trail Community Bank Certificate of Deposit - Brokered $238,800 18-Jun-21 Western Alliance Bank Certificate of Deposit - Brokered $245,300 20-Apr-21 Servisfirst Bank Certificate of Deposit - Brokered $248,600 02-Jul-21

4M INVESTMENTS

TOTAL CD INVESTMENTS MONEY MARKET ACCOUNTS Piper Jaffray RBC

First American Gov't Obligations Fund US Govt Money Market Fund

League of Minnesota Cities League of Minnesota Cities

4M Money Market Fund 4M Plus Fund

0.200% 1.631% 2.538% 2.247% 1.616% 0.500%

1.43% 0 .95% 2.16% 2.20%

TOTAL MONEY MARKET SAVINGS

*Interest paid every 6 months.

°' ""'

GRAND TOTAL

$249,500.00 $245,900.00 $238,800.00 $238,800.00 $245,300.00 $248,600.00

$1 ,466,900.00

$5,814,218.61

$3,167,572.19 $0.07

$4,031,614.29 $25,752.19

$7,224,938.74

11/30/2020 $13,039,157.35