City Council Agendas & Packets

AGENDA OF THE CITY COUNCIL CITY OF EAST GRAND FORKS TUESDAY, MARCH 19, 2024 – 5:00 PM CALL TO ORDER: CALL OF ROLL: DETERMINATION OF A QUORUM: PLEDGE OF ALLEGIANCE: OPEN FORUM: “An opportunity for members of the public to address the City Council on items not on the current Agenda. Items requiring Council action maybe deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate.” APPROVAL OF MINUTES: 1. Consider approving the minutes of the “Regular Meeting” for the East Grand Forks, Minnesota City Council of March 5, 2024. 2. Consider approving the minutes of the “Work Session” for the East Grand Forks, Minnesota City Council of March 12, 2024. SCHEDULED BID LETTINGS: NONE. SCHEDULED PUBLIC HEARINGS: NONE. CONSENT AGENDA: Items under the “Consent Agenda” will be adopted with one motion; however, council members may request individual items to be pulled from the consent agenda for discussion and action if they choose. 3. Consider approving the Special Event Application for the Cruz-in Forks Downtown Car Show which would block off the parking lots by restaurant row and the other side of Demers Ave for a car show that would be hosted one night per month for four months starting on June 27, 2024 from 5pm to 9pm. 4. Consider approving the Exempt Gambling Permit Application for the East Grand Forks Fire Department Relief Association to hold a raffle on September 7, 2024 at Valley Golf Course located at 2407 River Road NW East Grand Forks, MN 56721 and waive the 30-day waiting period. 5. Consider approving the Special Event Application for Sacred Heart School authorizing the closure of a portion of 3rd Street NW for the annual School Carnival on May 15th from 5pm to 7pm. Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting. 1 ACKNOWLEDGE RECEIPT OF REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: 6. Regular meeting minutes of the Water, Light, Power, and Building Commission for February 21, 2024. COMMUNICATIONS: NONE OLD BUSINESS: NONE NEW BUSINESS: 7. Consider adopting Resolution No. 24-03-28 approving the plans and specifications and ordering advertisement for bids for the 2023 City Project No. 5 Sidewalk and Multi-Use Trail Extension. 8. Consider approving the Facility Use Agreement between the City of East Grand Forks and the Blue Line Club for use of the VFW Memorial Arena from March 18th through April 11th for a total of $10,800. 9. Consider approving the Facility Use Agreement between the City of East Grand Forks and the Northern Lights Figure Skating Club for use of the VFW Memorial Arena from March 18th to April 12th for a total $1,800. 10. Consider adopting Resolution No. 24-03-29 approving Minnesota Laws 2023 Chapter 64, Article 10 Section 33 and authorize staff to take necessary action to implement the Special Law. CLAIMS: 11. Consider authorizing the City Administrator/Clerk-Treasurer to issue payment of recommended bills and payroll. COUNCIL/STAFF REPORTS: ADJOURN: Upcoming Meetings Work Session – Tuesday, March 26, 2024 – Training Room – 5:00 PM Council Meeting – Tuesday, April 2, 2024 – Council Chambers – 5:00 PM Work Session – Tuesday, April 9, 2024 – Training Room – 5:00 PM Council Meeting – Tuesday, April 16, 2024 – Council Chambers – 5:00 PM Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting. 2  #1 UNAPPROVED MINUTES OF THE CITY COUNCIL CITY OF EAST GRAND FORKS TUESDAY, MARCH 5, 2024 – 5:00 PM THIS MEETING HAS TO END BY 6PM BECAUSE THE PRESIDENTIAL PRIMARY ELECTION TAKING PLACE ON MARCH 5TH. POLLS ARE OPEN FROM 7AM TO 8PM. CALL TO ORDER: The Council Meeting of the East Grand Forks City Council for Tuesday, March 5, 2024 was called to order by Council President Olstad at 5:00 P.M. CALL OF ROLL: On a Call of Roll the following members of the East Grand Forks City Council were present: Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Tim Riopelle, Council Members Clarence Vetter, Dale Helms (via Interactive Technology with technical difficulties), Brian Larson, and Karen Peterson. Staff Present: Karla Anderson, Finance Director; Jeff Boushee, Fire Chief; Nancy Ellis, City Planner; Ron Galstad, City Attorney; Paul Gorte, Economic Development Director; Charlotte Helgeson, Library Director; Reid Huttunen, City Administrator; Jeremy King, Parks and Recreation Superintendent; Keith Mykleseth, Water and Light General Manager; and Megan Nelson, City Clerk. DETERMINATION OF A QUORUM: The Council President Determined a Quorum was present. PLEDGE OF ALLEGIANCE: OPEN FORUM: Council President Olstad stated the open form was an opportunity for members of the public to address the City Council on items not on the current agenda and items requiring Council action maybe deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. He asked if anyone would like to address the City Council, please come up to the podium to do so. No one came forward. APPROVAL OF MINUTES: 1. Consider approving the minutes of the “Regular Meeting” for the East Grand Forks, Minnesota City Council of February 20, 2024. 2. Consider approving the minutes of the “Work Session” for the East Grand Forks, Minnesota City Council of February 27, 2024. A MOTION WAS MADE BY COUNCIL MEMBER RIOPELLE, SECONDED BY COUNCIL MEMBER LARSON, TO APPROVE ITEMS ONE (1) AND TWO (2). 3 City Council Meeting March 5, 2024 Voting Aye: Riopelle, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Absent: Pokrzywinski. SCHEDULED BID LETTINGS: NONE. SCHEDULED PUBLIC HEARINGS: NONE. CONSENT AGENDA: Items under the “Consent Agenda” will be adopted with one motion; however, council members may request individual items to be pulled from the consent agenda for discussion and action if they choose. 3. Consider approving the Special Event Application for the Red River Valley Catfish Club to hold the Scheels Boundary Battle Catfish Tournament on Saturday, June 29, 2024 contingent upon the Administration Office receiving the insurance for the event. 4. Consider adopting Resolution No. 24-03-25 appointing Penny Stai to the Economic Development Authority Board. 5. Consider approving the Exempt Gambling Permit Application for Sacred Heart to hold a raffle on May 3, 2024 at Sacred Heart located at 200 3rd St NW East Grand Forks, MN 56721 and waive the 30-day waiting period. A MOTION WAS MADE BY COUNCIL MEMBER LARSON, SECONDED BY COUNCIL MEMBER VETTER, TO APPROVE ITEMS THREE (3) THROUGH FIVE (5). Voting Aye: Riopelle, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Absent: Pokrzywinski. ACKNOWLEDGE RECEIPT OF REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: 6. Regular meeting minutes of the Water, Light, Power, and Building Commission for February 7, 2024. COMMUNICATIONS: NONE OLD BUSINESS: NONE NEW BUSINESS: 7. Consider approving the purchase of a 2025 Ford Interceptor SUV for the Police Department from Tenvoorde Ford for a total of $44,861.94. A MOTION WAS MADE BY COUNCIL MEMBER RIOPELLE, SECONDED BY COUNCIL MEMBER VETTER, TO APPROVE THE PURCHASE OF A 2025 FORD INTERCEPTOR SUV FOR THE POLICE DEPARTMENT FROM TENVOORDE FORD FOR A TOTAL OF $44,861.94. 2|Page 4 City Council Meeting March 5, 2024 Voting Aye: Riopelle, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Absent: Pokrzywinski. 8. Consider adopting Resolution No. 24-02-26 accepting and awarding the bid for the 2022 City Project No. 3 for the Quiet Zone/Street and Sidewalk Improvements to Opp Construction for a total of $1,051,314.50. Council President Olstad stated this item was being pulled from the agenda. Mr. Huttunen informed the Council it was recommended to approve the maintenance agreement at the same time as awarding the project so this would be brought back to the March 19th Council Meeting. Council Vice-President Riopelle said it needed to be done sooner rather than later. 9. Consider approving the Joint Powers Agreement between the City of East Grand Forks and the Minnesota Department of Natural Resources for the continued operations of the Red River State Recreation Area. A MOTION WAS MADE BY COUNCIL MEMBER LARSON, SECONDED BY COUNCIL MEMBER RIOPELLE, TO APPROVE THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAST GRAND FORKS AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE CONTINUED OPERATIONS OF THE RED RIVER STATE RECREATION AREA. Voting Aye: Riopelle, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Absent: Pokrzywinski. 10. Consider approving the five-year planned service agreement between the City of East Grand Forks and Johnson Controls as proposed accepting Alternate #2 for the additional 40 hours of technical labor services. A MOTION WAS MADE BY COUNCIL MEMBER VETTER, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE FIVE-YEAR PLANNED SERVICE AGREEMENT BETWEEN THE CITY OF EAST GRAND FORKS AND JOHNSON CONTROLS AS PROPOSED ACCEPTING ALTERNATE #2 FOR THE ADDITIONAL 40 HOURS OF TECHNICAL LABOR SERVICES. Mr. Galstad said he had questioned if this needed to go out for bids because it was over $175,000 but the company was on the list of vendors that were already approved to be used so a bidding process was not needed. Voting Aye: Riopelle, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Absent: Pokrzywinski. CLAIMS: 3|Page 5 City Council Meeting March 5, 2024 11. Consider adopting Resolution No. 24-03-27 authorizing the City of East Grand Forks to approve purchases from Border States Trophy the goods referenced in check number 42126 for a total of $18.00 whereas Council Member Riopelle is personally interested financially in the contract. A MOTION WAS MADE BY COUNCIL MEMBER VETTER, SECONDED BY COUNCIL MEMBER LARSON, TO ADOPT RESOLUTION NO. 24-03-27 AUTHORIZING THE CITY OF EAST GRAND FORKS TO APPROVE PURCHASES FROM BORDER STATES TROPHY THE GOODS REFERENCED IN CHECK NUMBER 42126 FOR A TOTAL OF $18.00 WHEREAS COUNCIL MEMBER RIOPELLE IS PERSONALLY INTERESTED FINANCIALLY IN THE CONTRACT. Voting Aye: Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Abstain: Riopelle. Absent: Pokrzywinski. 12. Consider authorizing the City Administrator/Clerk-Treasurer to issue payment of recommended bills and payroll. A MOTION WAS MADE BY COUNCIL MEMBER LARSON, SECONDED BY COUNCIL MEMBER RIOPELLE, TO AUTHORIZE THE CITY ADMINISTRATOR/CLERK- TREASURER TO ISSUE PAYMENT OF RECOMMENDED BILLS AND PAYROLL. Voting Aye: Riopelle, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Absent: Pokrzywinski. COUNCIL/STAFF REPORTS: Mayor Gander congratulated the youth snowmobile racing group that held races over the weekend, staff had helped bring snow down to the area, and thanked them for a good partnership. He also thanked Chief Hedlund and area law enforcement for setting up the polar plunge that benefited the Special Olympics. He thanks staff and election judges for their work and commitment to elections for the year. He ended by thanking Mr. Jared Kovar who helped him home in the blizzard and it was people like him that made living in the community really cool. ADJOURN: A MOTION WAS MADE BY COUNCIL MEMBER VETTER, SECONDED BY COUNCIL MEMBER RIOPELLE, TO ADJOURN THE MARCH 5, 2024 COUNCIL MEETING OF THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL AT 5:08 P.M. Voting Aye: Riopelle, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. Absent: Pokrzywinski. _______________________________________________ Megan Nelson, City Clerk 4|Page 6  #2 UNAPPROVED MINUTES OF THE WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, MARCH 12, 2024 – 5:00 PM CALL TO ORDER: The Work Session of the East Grand Forks City Council for Tuesday, March 12, 2024 was called to order by Council President Olstad at 5:00 P.M. CALL OF ROLL: On a Call of Roll the following members of the East Grand Forks City Council were present: Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Tim Riopelle, Council Members Clarence Vetter, Ben Pokrzywinski, Dale Helms, Brian Larson, and Karen Peterson. Staff Present: Karla Anderson, Finance Director; Ron Galstad, City Attorney; Charlotte Helgeson, Library Director; Reid Huttunen, City Administrator; Jeremy King, Parks and Recreation Superintendent; and Keith Mykleseth, Water and Light General Manager. DETERMINATION OF A QUORUM: The Council President Determined a Quorum was present. 1. 2024 Gate City Bank Home Improvement Program – Brittney Clinton & Becky Mindeman Mr. Huttunen reviewed what the program was, how the home value this year could be up to $400,000, and invited Ms. Becky Mindeman to speak. Ms. Mindeman introduced herself and the staff that was with her who was the lending team for the East Grand Forks program. She stated the program was to help revitalize neighborhoods at a low interest rate, $2 million was allocated for this program, and they were grateful for the partnership with the city. She asked if there were any questions. Council Vice-President Riopelle asked if the funds could be used towards improvement of an HVAC system. Ms. Mindeman said it could. There were no other questions. 2. Review & Consider BNSF Construction Maintenance & Crossing Closure Agreements – Reid Huttunen Mr. Huttunen explained three agreements had been included in the packet, two were crossing agreements for Central Avenue and 2nd Avenue NE, both included requirements for construction and additional requirements for the crossing as long as there was a crossing, and it passed the indemnity, or any injury related to the crossing to the City for the life of the crossing. He stated there was an attorney general opinion that a City would not be allowed to indemnify another entity for its own negligence, the railroad has been able to set agreements as they see fit, and if the City wanted to continue with the quiet zone the agreements will need to be signed. He added if there was a court proceeding, they would be able to use the attorney general’s opinion at that time. Mr. Huttunen said there was also a closure agreement for 3rd Street, it required a vacation of the crossing, and previously vacations of streets have been done by resolution. He said they did not hold a public 7 Work Session March 12, 2024 hearing back in 2020 so to keep things moving forward they would post the notice to hold a public hearing for the proposed closure of 3rd Street NW crossing at the April 2nd meeting which would be followed by the adoption of the resolution, approval of agreements, and awarding of the bid which still fell into the 60 days because it was good until April 7th. He asked Mr. Galstad for comments. Mr. Galstad said Mr. Huttunen had been on top of the items for this project, the project had been going on for about four years, many questions had been asked back in October, and after review it was found there was no public hearing. He stated they needed to give notice of the public hearing and if the resolution for the closure was adopted it would be recorded at the Recorder’s office. Mr. Galstad said the railroad had asked for an ordinance, but staff will be asking to see if the resolution could work. Mr. Galstad explained they had reviewed the contracts, they were one-sided, and everything was becoming the City’s responsibility. He stated the City was protected to a certain extent, but he wanted to make sure the City was aware of the future liability for the items needed and continued maintenance for the quiet zone. He used an example of an accident, how the City would have coverage up to $2 million or $3 million, and the City could be responsible for anything over and above that amount based on the language included in the agreements. He added it was his due diligence to inform the Council what the possibilities were and at some point, they might need to argue how it violated the Attorney General’s opinion and Minnesota State Statute. He said again it was his responsibility to make sure the Council was informed before they make a decision, how the railroad told the City quiet zones were not safe for them which was why they did not install them. He asked for questions. Mayor Gander said if it was unreasonable for the City to take on all the liability into the future, they should exhaust every possibility to have a change made in the agreement. He added the Council was not willing to jeopardize the safety of residents and there were other factors to consider such as the decibels of the train horn. He stated the crossings would not be less safe because federal regulations guided how the crossings could be done safely so there would not be a crossing that would be less safe than it currently was. Mr. Galstad said the railroad was taking a position and they were contributing to the closure of 3rd Street NW because it made that intersection safer. Council member Larson asked about an email where BNSF use an example of if something was damaged by a private citizen, they would go after the citizen, and if they did not get anywhere, they would come after the City. Mr. Galstad said they owned the property, if there was damage to the property, they would go after the individual, and if they did not have insurance, they would go after the City for the damage. He added the City could add an insurance policy to cover the signals, the City would have limited liability, and the City could need to cover anything that was not covered by insurance. He added that Mr. Huttunen had already exhausted every measure possible regarding this issue so they would need to accept the risk or not. Council member Larson asked for a summarization of the attorney general’s opinion. Mr. Galstad said the City could not accept the indemnification of the railroad if it was over and above anything that was reasonable so it was his opinion that the agreement would violate the attorney general opinion. Mr. Huttunen stated the design and all the safety measures for the quiet zone had been reviewed by BNSF and needed their stamp of approval, they approve the closure of 3rd Street because it was no longer a crossing, but all of the safety features that had been added at the other two locations improved safety at both crossings. He added if a vehicle caused an accident, the auto insurance would cover a certain amount, and BNSF would expect the City to cover any remaining amount. He said they will try to exhaust every measure with BNSF but it seems all other cities that have tried have ended with the same result. This item will be brought forward to a future meeting. 2|Page 8 Work Session March 12, 2024 3. Discussion on City Council & Mayor Pay Rates – Reid Huttunen Mr. Huttunen said this was a follow up from the previous discussion, the last time the salary was changed was 2008, he included rates back to 2000, and reminded the Council the Charter did allow for the Council to approve a change through the budget process or by resolution. He stated if they wanted it to go to a vote of the people, the charter would have to be amended and voted on by the citizens before changes could be made. There were no questions. ADJOURN: A MOTION WAS MADE BY COUNCIL MEMBER LARSON, SECONDED BY COUNCIL MEMBER RIOPELLE, TO ADJOURN THE MARCH 12, 2024 WORK SESSION OF THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL AT 5:28 P.M. Voting Aye: Riopelle, Helms, Olstad, Larson, Peterson, Vetter, and Pokrzywinski. Voting Nay: None. _______________________________________________ Megan Nelson, City Clerk 3|Page 9  #3 10 11 12  #4 13 14  #5 15 16 17  #6 Minutes of the regular meeting of the Water, Light, Power and Building Commission of the City of East Grand Forks, Minnesota held on February 21, 2024, at 8:00 am in the City Council Chambers. Present: Grinde, Beauchamp, Quirk (Interactive technology), Riopelle Absent: None Also present: Ron Galstad, Keith Mykleseth, Brian Johnson, Todd Grabanski, Steve Emery, Todd Forster, Brianna Feil, Jordan Midgarden, Corey Thompson, Karla Anderson, Tyler Tretter It was moved by Commissioner Beauchamp supported by Commissioner Quirk to approve the minutes of the previous regular meeting held on February 7, 2024. Voting Aye: Grinde, Beauchamp, Quirk, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Beauchamp to authorize the Secretary to issue payment of the recommended bills and payroll in the amount of $539,380.05. Voting Aye: Grinde, Beauchamp, Quirk, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Beauchamp to approve the 2023 Accounts for Charge Off. Voting Aye: Grinde, Beauchamp, Quirk, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Beauchamp to approve updates to the Distributed Energy Resource Interconnection Policy and Rules Booklet, file at the Business Office and publish that the Water and Light Department is obligated to interconnect with and purchase electricity from Cogenerators and Small Power Producers. Voting Aye: Grinde, Beauchamp, Quirk, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Beauchamp to adjourn at 8:19 am to the next regular meeting on March 6, 2024, at 8:00 am to be held in the City Council Chambers. Voting Aye: Grinde, Beauchamp, Quirk, Riopelle Voting Nay: None Kristen Shipes Commission Secretary 18  AGENDA ITEM #__7________ Request for Council Action Date: March 14, 2024 To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Tim Riopelle, Council Members Clarence Vetter, Dale Helms, Brian Larson, Ben Pokrzywinski and Karen Peterson Cc: File From: Steve Emery, P.E. RE: File Plans & Specifications – 2023 City Project No. 5 – Sidewalk & Multi-Use Trail Ext. Background: We are requesting to file Plans and Specifications for the above referenced project and looking for authorization to proceed with Advertising for Bids and setting a Bid Date. As a reminder this project is to be located adjacent to the intersection of 4th St and 5th Ave NW. Project Funding Carbon Reduction Funding State Aid Maintenance Funds Recommendation: Authorize Widseth to proceed with Advertising of the project. Set Bid Date for 10:00 A.M. on April 18, 2024 Enclosures: None 19  RESOLUTION NO. 24 – 03 - 28 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2023 CITY PROJECT NO. 5 – SIDEWALK & MULTI-USE TRAIL EXTENSION Council Member _______, supported by Council Member _______, introduced the following resolution and moved its adoption: WHEREAS, the City Council has directed the City Engineers to prepare plans and specifications for the improvement of 2023 City Project No. 5 Sidewalk & Multi-Use Trail Extension; and WHEREAS, the plans and specifications have been included for the Council to approve and file; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EAST GRAND FORKS, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Engineer shall prepare and cause to be inserted in the official paper and in the Quest CND an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published 21 days, shall specify the work to be done, shall state that bids will be received by the Administration Office until 10am on April 18, 2024, at which time they will be publicly opened in the council chambers of the city hall by the city engineer, will then be tabulated, and will be considered by the Council at 5:00pm on May 7, 2024 in the Council Chambers at City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the Administration Office and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City of East Grand Forks for five percent (5%) of the amount of such bid. Voting Aye: Voting Nay: Absent: The President declared the resolution passed. Passed: March 19, 2024 Attest: ______________________________ _______________________________________ City Administrator President of Council I hereby approve the foregoing resolution this 19th day of March, 2024. _____________________________________ Mayor 20  AGENDA ITEM #_8 & 9_____ Request for Council Action Date: March 19, 2024 To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Tim Riopelle, Council members Clarence Vetter, Ben Pokrzywinski, Dale Helms, Brian Larson, and Karen Peterson. Cc: File From: Jeremy King, Parks & Recreation RE: Request to rent VFW Arena ice time to the EGF Blue Line Club and Northern Lights Figure Skating Club Background: Both the EGF Blue Line Club and Northern Lights Figure Skating Club have requested to rent ice at the VFW Arena this spring. The proposed rental rate for the EGF Blue Line Club is $10,800.00 from Monday, March 18th to Thursday, April 11th. This rate includes 7 hours of ice time each day. The proposed rental rate for the Northern Lights Figure Skating Club is $1,800.00 from Monday, March 18th to Friday, April 12th. This rate includes 2 hours of ice time from 6:00 a.m. to 8:00 a.m. on Monday, Wednesday, and Friday. These rental rates include the expenses associated with building operation, utilities, and part-time staff required for Zamboni operation and arena cleaning. Recommendation: Seeking approval of a rental rate of $10,800.00 to the EGF Blue Line Club for the dates of March 18th through April 11th. Seeking approval of a rental rate of $1,800.00 to the Northern Lights Figure Skating Club for the dates of March 18th through April 12th. Enclosure: VFW Arena Facility Use Agreement for both parties. -1- 21  #8 City of East Grand Forks Facility Use Agreement It is the City of East Grand Forks’ hereinafter “CITY” desire that all patrons who periodically use a CITY building, facility, park, room, arena, field, recreational area, shelter, or other City property are able to enjoy the “Facility”. This agreement has been set in place to achieve that goal. The person signing this agreement and the organization (herinafter the “User”) on whose behalf the “Agreement” is being made are responsible for compliance with this agreement. All Users’ are required to read and sign the City Use Agreement as part of the rental and before the Facility can be rented by the User. Please read carefully, fill out City, User, and Event sections, initial at the bottom of each page, and sign in the signature page at the end of this document. 1. CITY FACILITY INFORMATION Name of CITY Facility/Property: VFW Memorial Arena Address/Area/Location of Facility/Property): 711 3rd St SE, East Grand Forks, MN 56721 Room/Area of Use Rented: Entire Facility The RENTAL FEE and consideration to be paid by the User shall be as follows: Rental Fee sum of $10,800.00 (a rate of $450.00 per day) for the following dates. Monday, March 18th through Thursday, April 11th, 2024. - Monday through Friday from 3:00 p.m. to 10:00 p.m. - Saturday & Sunday daytime hours (8am to 5pm), not to exceed 7 hours of ice time. - Arena will be closed on Easter Sunday, March 31st, no charge will apply. Special Conditions: Specific equipment/special conditions as designed by Parks & Recreation Department included in the rental agreement are as follows: Specific hours of operation can be amended, per the schedule of ice activities. (i.e. if there is no scheduled activity in the building, the arena operator will not be scheduled to work, and the building will be closed.) 2. USER INFORMATION Organization Name: East Grand Forks Blue Line Club Address, City, State, Zip: PO Box 125, East Grand Forks, MN 56721 Contact name/title: Mike Kolstoe, Board President Email: egfbluelineclub@gmail.com 22 1|Page A. This agreement, made and entered into this _______ day of ________________ by and between the City of East Grand Forks Parks & Recreation Department, a municipal corporation, acting by and through its Superintendent of Parks & Recreation and the “User” _East Grand Forks Blue Line Club (list organization/renter), now, therefore, in consideration of the promises contained herein, do hereby agree as follows: B. The CITY agrees to provide the use of the above listed Facility or the following parts therein, described above in City Information. Renting said premises subject to the conditions, rules, regulations and policies that the CITY shall by Ordinance and Resolution establish for CITY property and facilities from time to time, which Ordinance and Resolution are mutually understood and agreed by the parties hereto be a part hereof. It is further mutually agreed that any attached conditions, rules, regulations and policies of the CITY are a part of this Rental agreement. C. User shall perform routine pick up after its use of the rented FACILITY, ensuring equipment is cleaned and returned to its beginning location; as well as area locker rooms, ensuring locker room and shower area floors are clear of any items and all equipment is properly stored. All garbage will be placed in the appropriate receptacles as determined by the CITY. If not cleaned to the sole satisfaction of the CITY, the User agrees to pay CITY the costs the City incurs for clean-up purposes. D. No alcoholic beverages shall be sold or permitted by User upon the premises. Unless authorized by City Council. E. Indemnification. The User shall defend, indemnify and hold harmless the City and its officials, employees and agents from any liabilities, judgments, losses, costs or charges (including attorneys' fees) incurred by the City or any of its officials, employees or agents as a result of any claim, demand, action or suit relating to any bodily injury or illness (including death), loss or property damage caused by, arising out of, related to or associated with the use of the Facility by the User or by the User's guests or invitees, except to the extent caused by the sole negligence, gross negligence or willful misconduct of the City or its officers, employees or agents. F. Waiver and Assumption of Risk. The User knows, understands and acknowledges the risks and hazards associated with using the Facility and hereby assumes any and all risks and hazards associated therewith. User hereby irrevocably waives any and all claims against the City or any of its officials, employees or agents for any bodily injury (including death), loss or property damage incurred by the User as a result of using the Facility and hereby irrevocably releases and discharges the City and any of its officials, employees or agents from any and all claims of liability. G. Insurance. The User is required to obtain liability insurance for the Agreement. If insurance is required, User agrees to obtain at least a minimum $1 Million General Liability coverage. The User agree to provide a certificate of insurance to the City showing the required coverage at least 23 2|Page  seven (7) days prior to the Event and naming the City of East Grand Forks as an Additional Insured. H. User shall be solely responsible for the supervision and control of its volunteers and participants and it is strongly recommended by the CITY that if said volunteers are working directly with children that background checks be performed in accordance with “The Minnesota Child Protection Act (MN Stat. 299C)”. Any volunteers provided by the User are not “City Volunteers” and are acting on behalf of the User and ARE NOT acting on behalf of the CITY. I. CITY, its agents and employees shall have the right to enter the rented premise upon reasonable advance notice for the purpose of inspecting, repairing, altering or improving the rented premises, or for any other purpose. There shall be no diminution of rent and no liability on the part of CITY by reason of any inconvenience, annoyance or injury caused by CITY’s reasonable exercise of the rights reserved by CITY in this Article. J. DISCRIMINATION. No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in, programs, services, and activities with regard to race, color, creed, religion, national origin, sex, gender, marital status, status with regard to public assistance, disability, sexual orientation, age, family care leave status, or veteran status. K. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. L. User agrees to abide by all rules, regulations, and guidelines set in place by the State of Minnesota, County of Polk, and City of East Grand Forks in compliance and operation of event. M. User agrees to provide in writing to the Parks & Recreation Superintendent, a COVID Preparedness Plan as required by the State of Minnesota, prior to any use of Facility under this agreement, and agrees to comply with said COVID Preparedness Plan as written. N. User shall not assign this agreement, nor suffer any use of the said leased premises other than as herein specified, nor sublet the premises or any part thereof, without the prior consent of the City and its Parks & Recreation Superintendent. O. User is responsible for any lost keys, and any costs that the City might incur to replace and/or re- key the Facility. P. Priority of Use/Cancellation. The City shall have first priority for all governmental and department activities. The priority for all other users shall be on a first come, first served basis. The City reserves the right to cancel any Event or Agreement as it deems necessary. If the City cancels the event, the User shall be entitled to a full refund of any rent paid. 24 3|Page Q. Set Up, Clean Up , Misc. Equipment. Set up, Clean Up, Misc. Equipment use must be followed under the standards of use and care as described in the Special Conditions listed below or as described above by this agreement. R. Special conditions of this Agreement not hereinabove provided are as follows: _______________________________________________________________________________ _______________________________________________________________________________ IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. IMPORTANT – READ BEFORE SIGNING I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of use. Signature ________________________________________________________ Print name _Mike Kolstoe______Title_Board Chair___________________ Organization _East Grand Forks Blue Line Club_____ Address _PO Box 125, East Grand Forks, MN 56721__ Telephone: Home/Mobile _____________________ Work__________________ CITY OF EAST GRAND FORKS By: ______________________________ _________________ Its Mayor By: _______________________________________________ Its City Administrator 25 4|Page  #9 City of East Grand Forks Facility Use Agreement It is the City of East Grand Forks’ hereinafter “CITY” desire that all patrons who periodically use a CITY building, facility, park, room, arena, field, recreational area, shelter, or other City property are able to enjoy the “Facility”. This agreement has been set in place to achieve that goal. The person signing this agreement and the organization (herinafter the “User”) on whose behalf the “Agreement” is being made are responsible for compliance with this agreement. All Users’ are required to read and sign the City Use Agreement as part of the rental and before the Facility can be rented by the User. Please read carefully, fill out City, User, and Event sections, initial at the bottom of each page, and sign in the signature page at the end of this document. 1. CITY FACILITY INFORMATION Name of CITY Facility/Property: VFW Memorial Arena Address/Area/Location of Facility/Property): 711 3rd St SE, East Grand Forks, MN 56721 Room/Area of Use Rented: Ice sheet area and supporting dressing rooms The RENTAL FEE and consideration to be paid by the User shall be as follows: Rental Fee sum of $1,800.00 for the following dates. Facility: VFW Memorial Arena for the dates of March 18th to April 12th, 2024 - Monday – 6:00 to 8:00 a.m. - Wednesday – 6:00a.m to 8:00a.m - Friday – 6:00 a.m. to 8:00 a.m. Special Conditions: Specific equipment/special conditions as designed by Parks & Recreation Department included in the rental agreement are as follows: Specific hours of operation can be amended, per the schedule of ice activities. (i.e. if there is no scheduled activity in the building, the arena operator will not be scheduled to work, and the building will be closed.) USER shall follow any Local, State, or Federal COVID-19 or other pandemic related restrictions, if any imposed at the time of the event and will enforce said conditions at the event. CITY reserves the right to cancel/postpone the rental as needed to comply with any Local, State, or Federal pandemic related restrictions. 2. USER INFORMATION Organization Name: Northern Lights Figure Skating Club Address, City, State, Zip: PO Box 132, East Grand Forks, MN 56721 Contact name/title: Deon Wawrzyniak, Board President Email: Northernlightssst@gmail.com 26 1|Page A. This agreement, made and entered into this _______ day of ________________ by and between the City of East Grand Forks Parks & Recreation Department, a municipal corporation, acting by and through its Superintendent of Parks & Recreation and the “User” _Northern Lights Figure Skating Club (list organization/renter), now, therefore, in consideration of the promises contained herein, do hereby agree as follows: B. The CITY agrees to provide the use of the above listed Facility or the following parts therein, described above in City Information. Renting said premises subject to the conditions, rules, regulations and policies that the CITY shall by Ordinance and Resolution establish for CITY property and facilities from time to time, which Ordinance and Resolution are mutually understood and agreed by the parties hereto be a part hereof. It is further mutually agreed that any attached conditions, rules, regulations and policies of the CITY are a part of this Rental agreement. C. User shall perform routine pick up after its use of the rented FACILITY, ensuring equipment is cleaned and returned to its beginning location; as well as area locker rooms, ensuring locker room and shower area floors are clear of any items and all equipment is properly stored. All garbage will be placed in the appropriate receptacles as determined by the CITY. If not cleaned to the sole satisfaction of the CITY, the User agrees to pay CITY the costs the City incurs for clean-up purposes. D. No alcoholic beverages shall be sold or permitted by User upon the premises. Unless authorized by City Council. E. Indemnification. The User shall defend, indemnify and hold harmless the City and its officials, employees and agents from any liabilities, judgments, losses, costs or charges (including attorneys' fees) incurred by the City or any of its officials, employees or agents as a result of any claim, demand, action or suit relating to any bodily injury or illness (including death), loss or property damage caused by, arising out of, related to or associated with the use of the Facility by the User or by the User's guests or invitees, except to the extent caused by the sole negligence, gross negligence or willful misconduct of the City or its officers, employees or agents. F. Waiver and Assumption of Risk. The User knows, understands and acknowledges the risks and hazards associated with using the Community Center and hereby assumes any and all risks and hazards associated therewith. User hereby irrevocably waives any and all claims against the City or any of its officials, employees or agents for any bodily injury (including death), loss or property damage incurred by the User as a result of using the Community Center and hereby irrevocably releases and discharges the City and any of its officials, employees or agents from any and all claims of liability. G. Insurance. The User is required to obtain liability insurance for the Agreement. If insurance is required, User agrees to obtain at least a minimum $1 Million General Liability coverage. The User agree to provide a certificate of insurance to the City showing the required coverage at least 27 2|Page  seven (7) days prior to the Event and naming the City of East Grand Forks as an Additional Insured. H. User shall be solely responsible for the supervision and control of its volunteers and participants and it is strongly recommended by the CITY that if said volunteers are working directly with children that background checks be performed in accordance with “The Minnesota Child Protection Act (MN Stat. 299C)”. Any volunteers provided by the User are not “City Volunteers” and are acting on behalf of the User and ARE NOT acting on behalf of the CITY. I. CITY, its agents and employees shall have the right to enter the rented premise upon reasonable advance notice for the purpose of inspecting, repairing, altering or improving the rented premises, or for any other purpose. There shall be no diminution of rent and no liability on the part of CITY by reason of any inconvenience, annoyance or injury caused by CITY’s reasonable exercise of the rights reserved by CITY in this Article. J. DISCRIMINATION. No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in, programs, services, and activities with regard to race, color, creed, religion, national origin, sex, gender, marital status, status with regard to public assistance, disability, sexual orientation, age, family care leave status, or veteran status. K. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. L. User agrees to abide by all rules, regulations, and guidelines set in place by the State of Minnesota, County of Polk, and City of East Grand Forks in compliance and operation of event. M. User agrees to provide in writing to the Parks & Recreation Superintendent, a COVID Preparedness Plan, if required by the State of Minnesota prior to any use of Facility under this agreement, and agrees to comply with said COVID Preparedness Plan as written. N. User shall not assign this agreement, nor suffer any use of the said leased premises other than as herein specified, nor sublet the premises or any part thereof, without the prior consent of the City and its Parks & Recreation Superintendent. O. User is responsible for any lost keys, and any costs that the City might incur to replace and/or re- key the Facility. P. Priority of Use/Cancellation. The City shall have first priority for all governmental and department activities. The priority for all other users shall be on a first come, first served basis. The City reserves the right to cancel any Event or Agreement as it deems necessary. If the City cancels the event, the User shall be entitled to a full refund of any rent paid. 28 3|Page Q. Set Up, Clean Up , Misc. Equipment. Set up, Clean Up, Misc. Equipment use must be followed under the standards of use and care as described in the Special Conditions listed below or as described above by this agreement. R. Special conditions of this Agreement not hereinabove provided are as follows: _______________________________________________________________________________ _______________________________________________________________________________ IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. IMPORTANT – READ BEFORE SIGNING I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of use. Signature ________________________________________________________ Print name _Deon Wawrzyniak______Title_Board President___________________ Organization _Northern Lights Figure Skating Club_____ Address _PO Box 132, East Grand Forks, MN 56721__ Telephone: Home/Mobile _____________________ Work__________________ CITY OF EAST GRAND FORKS By: ______________________________ _________________ Its Mayor By: _______________________________________________ Its City Administrator 29 4|Page  AGENDA ITEM #_10______ Request for Council Action Date: March 19, 2024 To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Vice- President Tim Riopelle; Council members Clarence Vetter, Dale Helms, Brian Larson, Tim Johnson, and Marc DeMers. Cc: File From: Reid Huttunen RE: Resolution approving Minnesota Laws 2023, Chapter 64 for Special Law relating to Local Sales Tax Background: As part of the requirements to hold a city-wide vote for a Local Sales Tax this fall, the City needs to request a Certificate of Approval for a Special Law with the MN Secretary of States office. The City Council must approve this Special Law by resolution ahead of the vote for the Local Sales Tax being held in accordance with MN Statutes Section 645.021 Subdivisions 2 & 3. Recommendation: Approval of Resolution Approving Minnesota laws 2023, Chapter 64, Article 10, Section 33, and direct City Administrator to submit the Certificate of Approval of Special Law. Enclosure: Resolution No. 24-03-29 30  RESOLUTION NO. 24 – 03 - 29 RESOLUTION APPROVING MINNESOTA LAWS 2023, CHAPTER 64, ARTICLE 10, SECTION 33 Council Member _________, supported by Council Member ____________, introduced the following resolution and moved its adoption: WHEREAS, State of Minnesota (the “State”) Legislature passed and the Governor of the State signed Minnesota Laws 2023, Chapter 64, Article 10, Section 33 (the “Special Law”) which authorizes the City of East Grand Forks, Minnesota (the “City”) to, among other things, impose a sales and use tax of up to one percent; and WHEREAS, the Special Law is effective upon approval by a majority vote of the City Council of the City (the “City Council”) and the filing of a certificate with the Secretary of State, all in accordance with Minnesota Statutes, Section 645.021, subdivisions 2 and 3; and WHEREAS, the City Council has determined that is in the best interest of the City and its residents to approve the Special Law; and NOW THEREFORE, BE IT RESOLVED, By the City Council of the City of East Grand Forks, Minnesota (the “City”) as follows: 1. Minnesota Laws 2023, Chapter 64, Article 10, Section 33 is hereby approved. 2. The City Clerk is hereby instructed to submit the appropriate certificate and a copy of this Resolution to the Secretary of State. 3. City staff are authorized and directed to take all actions necessary to implement the Special Law. Voting Aye: Voting Nay: The President declared the resolution passed. Passed: March 19, 2024 Attest: City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 19th of March, 2024. ___________________________________ Mayor 31  #11 Accounts Payable Check Register Totals Only User: mnelson Printed: 3/15/2024 - 8:31 AM Check Date Vendor No Vendor Name Amount Voucher 42140 03/19/2024 ACM001 Acme Electric Companies 299.00 0 42141 03/19/2024 ADV007 Advanced Auto Parts 64.99 0 42142 03/19/2024 ADV001 Advanced Business Methods Inc 211.32 0 42143 03/19/2024 ALL011 Allstream 158.04 0 42144 03/19/2024 AME005 Aramark Uniform Services 247.97 0 42145 03/19/2024 ATV001 Auto Value Grand Forks 161.04 0 42146 03/19/2024 BAL001 Balco Uniforms Co Inc 470.73 0 42147 03/19/2024 C&R001 C&R Cleaners & Laundry 272.05 0 42148 03/19/2024 CEN006 Century Link 305.00 0 42149 03/19/2024 CON001 Conway Shield 5,431.16 0 42150 03/19/2024 CUS002 Custom Stripes Inc 172.00 0 42151 03/19/2024 DOM001 Domson BG Service 546.40 0 42152 03/19/2024 EAG001 Eagle Electric 985.82 0 42153 03/19/2024 FIR003 Fire Safety USA, Inc. 425.00 0 42154 03/19/2024 GAL002 Galls LLC 346.36 0 42155 03/19/2024 GAL003 Galstad Jensen & McCann PA 22,802.20 0 42156 03/19/2024 GUA001 Guardian Fleet Safety Co 26.00 0 42157 03/19/2024 REY001 Harbott Knutson Larson & Holten PLLP 43.50 0 42158 03/19/2024 HIL003 Hildi Incorporated 1,150.00 0 42159 03/19/2024 HUG001 Hugo's 52.40 0 42160 03/19/2024 JOH026 Johnson Controls 2,809.86 0 42161 03/19/2024 LEA008 League of Minnesota Cities Insurance Trust 1,000.00 0 42162 03/19/2024 HAR081 Local Ace 139.23 0 42163 03/19/2024 HAR089 Local Ace 39.98 0 42164 03/19/2024 MARCD1 Marco Technologies LLC 91.61 0 42165 03/19/2024 MCF001 McFarlane 365.94 0 42166 03/19/2024 MEN001 Menards 63.60 0 42167 03/19/2024 MPO001 Metropolitan Planning Organization 7,983.23 0 42168 03/19/2024 MNP003 MN Pollution Control Agency 1,450.00 0 42169 03/19/2024 MTI001 MTI Distributing Company 142.80 0 42170 03/19/2024 NEL101 Nelson Auto 175.19 0 42171 03/19/2024 NOR024 Northland Yard Service 1,855.00 0 42172 03/19/2024 ORE001 O'Reilly Automotive, Inc. 533.74 0 42173 03/19/2024 OFF002 ODP Business Solutions, LLC 194.46 0 42174 03/19/2024 OKT001 OK Tire Store Crookston 197.95 0 42175 03/19/2024 OLD001 Old Dominion Brush 4,329.85 0 42176 03/19/2024 FAR008 Parkland USA Corporation 445.54 0 42177 03/19/2024 PET001 Peterson Veterinary Clinic P.C. 299.00 0 42178 03/19/2024 PKM001 PKM Electric Cooperative, Inc 1,280.20 0 42179 03/19/2024 POM001 Pomp's Tire Service, Inc 171.76 0 42180 03/19/2024 POW003 Powerplan OIB 855.00 0 42181 03/19/2024 PRE001 Premium Waters Inc 41.19 0 42182 03/19/2024 PSD001 PS Garage Doors 589.08 0 42183 03/19/2024 R&R001 R&R Specialties of Wisconsin Inc 85.10 0 42184 03/19/2024 RDO003 RDO Truck Centers 12,600.00 0 42185 03/19/2024 ZAV001 RJ Zavoral & Sons, Inc 7,310.00 0 42186 03/19/2024 SAN005 Sanford Health OccMed 30.00 0 42187 03/19/2024 MIK001 SJA Thunder Corp 736.91 0 42188 03/19/2024 SPR002 Spray Advantage 12.01 0 42189 03/19/2024 SRF001 SRF Consulting Group Inc 21,850.65 0 AP-Check Register Totals Only (03/15/2024 - 8:31 AM) Page 1 32 Check Date Vendor No Vendor Name Amount Voucher 42190 03/19/2024 STU001 Stuart's Towing 100.00 0 42191 03/19/2024 TEC001 Tecta America Corp 10,926.00 0 42192 03/19/2024 CHA001 The Chamber of EGF/GF 35.00 0 42193 03/19/2024 PRA005 The Practice Place, PLLC 120.00 0 42194 03/19/2024 USB005 US Bank Corporate Payment Systems 22,568.64 0 42195 03/19/2024 VAL002 Valley Truck Parts and Services Inc. 154.30 0 42196 03/19/2024 VER001 Verizon Wireless 1,588.60 0 42197 03/19/2024 VIL002 Village Family Service Center 2,280.00 0 42198 03/19/2024 WAT001 Water & Light Department 18,542.41 0 42199 03/19/2024 ZIE001 Ziegler 1,015.41 0 Check Total: 159,180.22 AP-Check Register Totals Only (03/15/2024 - 8:31 AM) Page 2 33