City Council Agendas & Packets

AGENDA OF THE ORGANIZATIONAL MEETING CITY OF EAST GRAND FORKS TUESDAY, JANUARY 7, 2025 – 5:00 PM ORGANIZATIONAL MEETING CALL TO ORDER: CALL OF ROLL: PLEDGE OF ALLEGIANCE: ADMINISTER OATH OF OFFICE FOR ELECTED OFFICIALS: ELECTION OF COUNCIL PRESIDENT AND VICE-PRESIDENT BY WRITTEN BALLOT: PRESIDENT OF CITY COUNCIL a) Temporary Chairman announces that nominations for the Council Presidency are now open. b) Motion to close nominations. c) Written ballot for Council President d) Results declared and elected Council President asked to take the Chair. VICE-PRESIDENT OF CITY COUNCIL a) Council President Announces that nominations are now open for the Vice-Presidency of the City Council. b) Motion to close nominations c) Written ballot for Council Vice-President. d) Results declared and Council Vice-President installed. ADJOURN: AGENDA OF THE CITY COUNCIL CITY OF EAST GRAND FORKS TUESDAY, JANUARY 7, 2024 - FOLLOWING THE ORGANIZATIONAL MEETING CALL TO ORDER: CALL OF ROLL: DETERMINATION OF QUORUM: 1 RECOGNITION OF MAYOR GANDER: DEDICATION OF THE LYNN STAUSS COUNCIL CHAMBERS: OPEN FORUM: “An opportunity for members of the public to address the City Council on items not on the current Agenda. Items requiring Council action maybe deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate.” If you would like to address the City Council, please come up to the podium to do so.” ANNUAL BUSINESS: 1. Consider adopting Resolution No. 25-01-01 setting the time and hour of regular City Council Meetings and Work Sessions. 2. Consider adopting Resolution No. 25-01-02 designating The Exponent as the official newspaper. 3. Consider adopting Resolution No. 25-01-03 designating the following financial depositories. a. American Federal b. Frandsen Bank & Trust c. RBC Wealth Management d. PMA – 4M Fund 4. Consider adopting Resolution No. 23-01-04 authorizing Persons listed below (subject to any expressed restrictions) is authorized for ACH origination and for online banking: Name and Title Signature (A) Mark Olstad, Mayor (B) Reid Huttunen, City Administrator/Clerk-Treasurer (C) Megan Nelson, City Clerk (D) Terry Knudson, HR Generalist (E) Karla Anderson, Finance Director (F) Renee Kringlen, Accounting Technician APPROVAL OF MINUTES: 5. Consider approving the minutes of the “Regular Meeting” for the East Grand Forks, Minnesota City Council of December 17, 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. 2 6. Consider adopting Resolution No. 25-01-05 designating “C&H” Insurance” as the insurance agency to handle the city policy for 2025. 7. Consider adopting Resolution No. 25-01-06 approving the 2025 Administrative Services Agreement with Wex Benefits. 8. Consider adopting Resolution No. 25-01-07 enabling elected and/or appointed officials of the City of East Grand Forks to be covered by the Minnesota Workers Compensation Law. 9. Consider adopting Resolution No. 25-01-08 approving the following Boards & Commission appointments and reappointments as presented by the appropriate elected officials. ACKNOWLEDGE RECEIPT OF REPORTS OF OFFICERS, BOARDS, AND COMMISSIONS: 10. Regular meeting minutes of the Water, Light, Power, and Building Commission for December 4 and December 18, 2024. COMMUNICATIONS: NONE OLD BUSINESS: NONE NEW BUSINESS: 11. Consider approving Ordinance 44, 4th Series amending City Code Chapter 33 Entitled "Finance and Taxation" by adding sections 33.15 to 33.24 Sales And Use Tax Local Improvement Projects, and by adopting by reference City Code Chapter 1 and Section 10.99 which, among other things, contain penalty provisions (1st Reading). 12. Consider adopting Resolution No. 25-01-09 approving the Forgivable Loan Agreement and Promissory Note and approve the hiring of Emily Barth as a Police Officer at a salary of $29.60 per hour contingent upon all conditions being met. 13. Consider approving the updated Sick Time Policy to comply with the Earned Sick and Safe Time law. CLAIMS: 14. Consider authorizing the City Administrator/Clerk-Treasurer to issue payment of recommended bills and payroll. COUNCIL/STAFF REPORTS: ADJOURN: Upcoming Meetings The meeting schedule will be set following the January 7th Council Meeting. 3  #1 RESOLUTION NO. 25 – 01 – 01 Council Member _______, supported by Council Member ______, introduced the following resolution and moved its adoption: BE IT RESOLVED, by the City Council of the City of East Grand Forks, Minnesota, regular city council meetings will be held on the first and third Tuesdays of each month at 5:00 p.m. and the work sessions will be held on the second and fourth Tuesdays of each month at 5:00 p.m. for the 2025 year. Voting Aye: Voting Nay: The President declared the resolution passed. Passed: January 7, 2025 Attest: ______________________________ _________________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th of January, 2025. ________________________________ Mayor 4  #2 RESOLUTION NO. 25 - 01 - 02 Council Member ________, supported by Council Member _______, introduced the following resolution and moved its adoption: BE IT RESOLVED, By the City Council of the City of East Grand Forks, Minnesota, that The Exponent is hereby designated as the 2025 official city newspaper, in which shall be published all matters indicated in Section 10.01 of the City Charter. Voting Aye: Voting Nay: The President declared the resolution passed. Passed: January 7, 2025 Attest: ______________________________ _________________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th of January, 2025. ________________________________ Mayor 5  #3 RESOLUTION NO. 25 - 01 - 03 Council Member _______, supported by Council Member ________, introduced the following resolution and moved its adoption: WHEREAS, the following institutions have presented a proposal to act as depository of City funds and has filed an Assignment of Securities in Lieu of Bond by Public Depository with the Administrator/Clerk-Treasurer of the City of East Grand Forks, Minnesota; now therefore, BE IT RESOLVED, by the City Council of the City of East Grand Forks, Minnesota, that the said proposals be hereby accepted and made a part hereof by reference and that the following listed financial institutions, be hereby designated as depositories for the next year in which the Administrator/Clerk-Treasurer of the City shall keep and deposit monies of the City until a new designation is made, subject to the condition that other or additional depositories may be designated at any time: American Federal Frandsen Bank & Trust RBC Wealth Management PMA - 4M Fund BE IT FURTHER RESOLVED, that the securities as itemized on the Assignment of Securities filed with the Administrator/Clerk-Treasurer, be hereby approved as security for City Deposits and that the Assignment of Securities be made a part hereof by reference. BE IT FURTHER RESOLVED, that the Administrator/Clerk-Treasurer is authorized to accept future securities as authorized by law for City deposits. BE IT FURTHER RESOLVED, that there be no maximum amount which may so be deposited in said depository and that said depository shall furnish proper securities as stipulated by statute. BE IT FURTHER RESOLVED, that the Administrator/Clerk-Treasurer is hereby authorized for and on behalf of the City to open or continue an account or accounts with and on behalf of the City to open or continue an account or accounts with said depositories and to execute and deliver to said depositories signature card or cards supplied by said depositories containing specimen signatures of officers or other persons hereinafter named and assenting to said depositories’ rules and regulations governing accounts, and is also authorized for and on behalf of the City to endorse or cause to be endorsed and to deposit or cause to be deposited in such account or accounts from time to time checks, drafts and other instruments and funds payable to or held by the City. BE IT FURTHER RESOLVED, That checks, drafts and other withdrawal orders and any and all other directions and instructions of any character with respect to funds of the City now or hereafter with said depositories may be signed by any two of the following, with the exception that the Administrator/Clerk-Treasurer is authorized to make withdrawals and deposits for investment by himself: 6  Mark Olstad, Mayor Reid Huttunen, City Administrator/Clerk-Treasurer Karla Anderson, Finance Director and said depositories are hereby fully authorized to pay and charge to such account or accounts any checks, drafts and other withdrawal orders so signed, and to honor any directions or instructions so signed, whether or not payable to the individual order of or deposited to the individual account. BE IT FURTHER RESOLVED, that the Administrator/Clerk-Treasurer is hereby directed to remit funds for payment of both principal and interest as the same become due on all issues of City of East Grand Forks Bonds, Certificates, and other instruments of indebtedness, to the paying agent specified therein. Voting Aye: Voting Nay: The President declared the resolution passed. Passed: January 7, 2025 Attest: ____________________________________ ______________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th day of January, 2025. ______________________________ Mayor 7  #4 RESOLUTION NO. 25 – 01 - 04 CORPORATE AUTHORIZATION RESOLUTION Council Member _______, supported by Council Member ________, introduced the following resolution and moved its adoption: WHEREAS, the City Council of the City of East Grand Forks, Minnesota, has designated American Federal Bank as a depository with ACH origination and online banking; and BE IT RESOLVED By the City Council of and for the City of East Grand Forks, Minnesota, as follows: 1. The City agrees to the terms and conditions of any account agreement approved by the City Council and properly opened by any representative(s) of the City identified in the following Paragraph 2, and authorizes American Federal Bank to charge the City for all checks, drafts, or other orders, for the payment of money, that are drawn on American Federal Bank by any representative(s) of the City identified in the following Paragraph 2, regardless of by what means the facsimile signature(s) may have been affixed so long as they resemble the signature specimens listed in Paragraph 2 and contain the required number of signatures for this purpose. 2. The persons listed below (subject to any expressed restrictions) are authorized for ACH origination and for online banking: Name and Title Signature (A) Mark Olstad, Mayor ___________________________________ (B) Reid Huttunen, City Administrator ___________________________________ (C) Megan Nelson, City Clerk ___________________________________ (D) Terry Knudson, HR Generalist ___________________________________ (E) Karla Anderson, Finance Director ___________________________________ (F) Renee Kringlen, Accounting Technician ___________________________________ BE IT HEREBY FURTHER RESOLVED that the City Council has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolution and to confer the powers granted to the person named who have full power and lawful authority to exercise the same. Voting Aye: Voting Nay: 8 The President declared the resolution passed. Passed: January 7, 2024 Attest: ______________________________ _______________________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th of January, 2024. ______________________________________ Mayor 9  #5 UNAPPROVED MINUTES OF THE CITY COUNCIL CITY OF EAST GRAND FORKS TUESDAY, DECEMBER 17, 2024 – 5:00 PM CALL TO ORDER: The Council Meeting of the East Grand Forks City Council for Tuesday, December 17, 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: 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; Jeff Boushee, Fire Chief; Maggie Brockling, Economic Development Director; Nancy Ellis, City Planner; Steve Emery, City Engineer; Ron Galstad, City Attorney; Michael Hedlund, Police Chief, Reid Huttunen, City Administrator; Jeremy King, Parks and Recreation Superintendent; Megan Nelson, City Clerk; and Jason Stordahl, Public Works Director. DETERMINATION OF A QUORUM: The Council President Determined a Quorum was present. PLEDGE OF ALLEGIANCE: RECOGNITION OF COUNCIL MEMBER VETTER: Mr. Huttunen presented Council member Clarence Vetter with a plaque recognizing his years of service and thanked him his work on the council, the negotiations committee, the Metropolitan Planning Organization (MPO), and the finance committee. He thanked him for his leadership, support, and read the plaque that included his dates of service from January of 2013 to December of 2024 which was followed by applause. Council President Olstad thanked Council member Vetter for all the work he had done on the council, how he appreciated working with him on the personnel committee, and now he would be able to do something he wanted to do on Tuesday evenings. 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 December 3, 2024. 10 City Council Meeting December 17, 2024 A MOTION WAS MADE BY COUNCIL MEMBER POKRZYWINSKI, SECONDED BY COUNCIL MEMBER RIOPELLE, TO APPROVE THE MINUTES OF THE “REGULAR MEETING” FOR THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL OF DECEMBER 3, 2024. Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. SCHEDULED BID LETTINGS: NONE. SCHEDULED PUBLIC HEARINGS: NONE CONSENT AGENDA: NONE 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. ACKNOWLEDGE RECEIPT OF REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: 2. Regular meeting minutes of the Water, Light, Power, and Building Commission for November 20, 2024. COMMUNICATIONS: NONE OLD BUSINESS: NONE NEW BUSINESS: 3. Consider adopting Resolution No. 24-12-92 approving the 2025 budget and authorizing specific financial related activities. A MOTION WAS MADE BY COUNCIL MEMBER RIOPELLE, SECONDED BY COUNCIL MEMBER LARSON, TO ADOPT RESOLUTION NO. 24-12-92 APPROVING THE 2025 BUDGET AND AUTHORIZING SPECIFIC FINANCIAL RELATED ACTIVITIES. Ms. Anderson told the Council there was a savings of about $62,000 from health insurance, there was a fee of $45 for each person, so there would be some adjustments within each department but the totals would be the same. She added when the budget was posted those changes would have been completed. Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. 4. Consider adopting Resolution No. 24-12-93 choosing Option 1 and not waiving the statutory tort limits for excess liability coverage in 2025. A MOTION WAS MADE BY COUNCIL MEMBER VETTER, SECONDED BY COUNCIL MEMBER LARSON, TO ADOPT RESOLUTION NO. 24-12-93 CHOOSING OPTION 1 AND NOT WAIVING THE STATUTORY TORT LIMITS FOR EXCESS LIABILITY COVERAGE IN 2025. 2|Page 11 City Council Meeting December 17, 2024 Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. 5. Consider approving the Memorandum of Understanding between the City of East Grand Forks and the Teamsters Local 120 approving the employer health insurance contributions for 2025. A MOTION WAS MADE BY COUNCIL MEMBER RIOPELLE, SECONDED BY COUNCIL MEMBER LARSON, TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EAST GRAND FORKS AND THE TEAMSTERS LOCAL 120 APPROVING THE EMPLOYER HEALTH INSURANCE CONTRIBUTIONS FOR 2025. Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, and Peterson. Voting Nay: Vetter. 6. Consider approving the Special Event Application for the KC Pro West Youth Snowmobile Races to be held January on the north end of the city and possible other dates if other locations do not have enough snow to hold races. A MOTION WAS MADE BY COUNCIL MEMBER VETTER, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE SPECIAL EVENT APPLICATION FOR THE KC PRO WEST YOUTH SNOWMOBILE RACES TO BE HELD JANUARY ON THE NORTH END OF THE CITY AND POSSIBLE OTHER DATES IF OTHER LOCATIONS DO NOT HAVE ENOUGH SNOW TO HOLD RACES. Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. 7. Consider approving the Extension Amendment to the Memorandum of Understanding between the City of East Grand Forks and Bird Rides Inc and the Electric Scooter Rental Business Application for operations in 2025. A MOTION WAS MADE BY COUNCIL MEMBER LARSON, SECONDED BY COUNCIL MEMBER VETTER, TO APPROVE THE EXTENSION AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EAST GRAND FORKS AND BIRD RIDES INC AND THE ELECTRIC SCOOTER RENTAL BUSINESS APPLICATION FOR OPERATIONS IN 2025. Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. 8. Consider adopting Resolution No. 24-12-94 authorizing the special refuse invoices that have been deemed uncollectable to be written off totaling $468.00. A MOTION WAS MADE BY COUNCIL MEMBER HELMS, SECONDED BY COUNCIL MEMBER POKRZYWINSKI, TO ADOPT RESOLUTION NO. 24-12-94 AUTHORIZING THE SPECIAL REFUSE INVOICES THAT HAVE BEEN DEEMED UNCOLLECTABLE TO BE WRITTEN OFF TOTALING $468.00. 3|Page 12 City Council Meeting December 17, 2024 Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. CLAIMS: 9. Consider authorizing the City Administrator/Clerk-Treasurer to issue payment of recommended bills and payroll. A MOTION WAS MADE BY COUNCIL MEMBER HELMS, SECONDED BY COUNCIL MEMBER PETERSON, TO AUTHORIZE THE CITY ADMINISTRATOR/CLERK- TREASURER TO ISSUE PAYMENT OF RECOMMENDED BILLS AND PAYROLL. Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. COUNCIL/STAFF REPORTS: Council Member Vetter thanked staff for all their help while he was on council which made his job easier and extended holiday greetings to all staff and citizens hoping everyone had a safe and enjoyable holiday. Council Member Pokrzywinski thanked Council member Vetter for his service and wished everyone a Merry Christmas and Happy New Year. Council Member Riopelle thanked Council member Vetter, they had interesting conversations over the years, at times they agreed to disagree, and it all worked out in the long run. He added he hoped Council member Vetter enjoyed his retirement from the Council and wished everyone a Merry Christmas. Council Member Helms thanked Council member Vetter, he would miss their conversations, and hoped he enjoyed his Tuesdays off. He also wished everyone a Merry Christmas. Council Member Peterson wished Council member Vetter good luck and wished everyone Happy Holidays. Council Member Larson thanked Council member Vetter and how it had been a real joy serving with him on the Council as well as the MPO Board. He added he appreciated his insight and his hard work and commitment to being good stewards of funds was one of the reasons they were able to get the property taxes down to where they did. He thanked Council member Vetter again for all his hard work and wished everyone Happy Holidays. Council President Olstad wished everyone Happy Holidays, Merry Christmas, and Happy New Year. He told the group that Mayor Gander would be receiving his plaque on January 7th because he was not able to be at the meeting and everyone should enjoy their time off. Mr. Huttunen thanked Council member Vetter for his service and leadership, it had been a pleasure working with him, and let the Council know he was going to be heading out of State for the holidays and would be back in the office on January 2nd. He reminded everyone the organizational meeting would be taking place on January 7th and wished everyone Happy Holidays. 4|Page 13 City Council Meeting December 17, 2024 Mr. Galstad thanked Council member Vetter for everything he had done, he always appreciated his logic even if he didn’t agree, all of his decisions were well reasoned, and that they were for the good of the people. Mr. Emery congratulated Council member Vetter, he was glad they never disagreed on anything, and wished him the best of luck on his next venture. He also wished everyone Merry Christmas. ADJOURN: A MOTION WAS MADE BY COUNCIL MEMBER HELMS, SECONDED BY COUNCIL MEMBER RIOPELLE, TO ADJOURN THE DECEMBER 17, 2024 COUNCIL MEETING OF THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL AT 5:10 P.M. Voting Aye: Pokrzywinski, Riopelle, Helms, Olstad, Larson, Peterson, and Vetter. Voting Nay: None. _______________________________________________ Megan Nelson, City Clerk 5|Page 14  #6 RESOLUTION NO. 25 - 01 - 05 Council Member _______, supported by Council Member ________, introduced the following resolution and moved its adoption: BE IT RESOLVED, that the City Council of the City of East Grand Forks, Minnesota designates "C&H Insurance" as the insurance agency to handle the city property, liability and workers compensation policy for 2025. Voting Aye: Voting Nay: Absent: The President declared the resolution passed. Passed: January 7, 2025 Attest: ______________________________ _________________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th of January, 2025. ________________________________ Mayor 15  #7 RESOLUTION NO. 25 – 01 - 06 RESOLUTION APPROVING THE 2025 ADMINISTRATIVE SERVICES AGREEMENT WITH WEX BENEFITS Council Member _______, supported by Council Member _______, introduced the following resolution and moved its adoption: WHEREAS, the City of East Grand Forks employs Wex Benefits to administer the Flexible Benefits Plan for the City of East Grand Forks, and WHEREAS, the City Council of the City of East Grand Forks, Minnesota, has designated American Federal Bank as a depository. BE IT RESOLVED, that the form of amended Cafeteria Plan including a Dependent Care Flexible Spending Account and Health Flexible Spending Account effective January 1, 2025, presented Flexible Benefits Plan effective January 1, 2025, presented to this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan. BE IT FURTHER RESOLVED, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. BE IT FURTHER RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form in hereby approved. BE IT FURTHER RESOLVED, by the City Council agrees to the terms and conditions of any account agreement approved by and properly opened by any representative(s) of the City identified in Resolution No. 25-01-04, and authorizes American Federal Bank to charge the City for all checks, drafts, or other orders, for the payment of money, that are drawn on American Federal Bank by any representative(s) of the City identified in Resolution No. 25-01-04, regardless of by what means the facsimile signature(s) may have been affixed so long as they resemble the signature specimens listed in Resolution No. 25-01- 04 and contain the required number of signatures for this purpose. BE IT FURTHER RESOLVED that the City Council has, and at the time of adoption of this resolution had full power and lawful authority to adopt the foregoing resolution and to confer the powers granted to the person named who have full power and lawful authority to exercise the same. Voting Aye: Voting Nay: Absent: 16 The President declared the resolution passed. Passed: January 7, 2025 Attest: ______________________________ _______________________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th of January, 2025. ______________________________________ Mayor 17  #8 RESOLUTION NO. 25 – 01 - 07 Council Member ________, supported by Council Member ________, introduced the following resolution and moved its adoption: BE IT RESOLVED, by the City Council of the City of East Grand Forks, Minnesota, WHEREAS, the law enables elected or appointed officials of the City of East Grand Forks to be covered by the Minnesota Workers Compensation Law; and WHEREAS, the East Grand Forks Mayor and East Grand Forks City Council members’ intent is that the Following Board Members be considered employees for the eligibility for Workers Comp coverage purposes. NOW THEREFORE, BE IT RESOLVED, that the following number of board members be covered by the Minnesota Workers Compensation Law: Mayor & City Council: 8 Members Cemetery Commission: 4 Members Charter Commission: 8 Members Civil Service Board: 3 Members Economic Development Authority Board: 7 Members Senior Citizen Board: 7 Members Library Board: 7 Members Parks & Recreation Commission: 7 Members Planning Commission: 7 Members Water, Light, Power, & Building Commission: 4 Members Metropolitan Planning Organization: 3 East Grand Forks Representatives Red Lake River Corridor: 2 East Grand Forks Representatives Convention & Visitors Bureau Commission: 1 East Grand Forks Representative Polk County Planning Commission: 1 East Grand Forks Representative Pine to Prairie Drug Task Force: 3 East Grand Forks Representatives Voting Aye: Voting Nay: Absent: The President declared the resolution passed. Passed: January 7, 2025 Attest: ______________________________ _________________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th of January, 2025. ________________________________ Mayor 18  #9 RESOLUTION NO. 25 – 01 - 08 A RESOLUTION DESIGNATING THE MAYOR’S APPOINTMENT TO THE EAST GRAND FORKS BOARD AND COMMISSIONS FOR 2025 Council Member _______, supported by Council Member _______, introduced the following resolution and moved its adoption: WHEREAS, the Mayor appoints citizens to fill vacancies on various Boards and Commissions of the City of East Grand Forks each year; and WHEREAS, These Boards and Commissions are important to the operation of the City due to the value of citizen input on recommendations that are forwarded to the City Council on many important issues. THEREFORE BE IT RESOLVED, that the City Council of the City of East Grand Forks ratifies the following appointments of Mayor Mark Olstad to the respective Board and/or Commission for the designated term: CEMETERY COMMISSION – Commissioners shall be appointed by the Mayor, by approval of the majority of the City Council for 3 year terms. Vacancies shall be filled in the same manner. Ordinance #208. Member Expires Rich Nickelson (Reappointment) 12/31/27 CIVIL SERVICE BOARD – Members of the board shall be appointed by the Mayor, with approval of a majority of the City Council, for 3 year terms. Ordinance #152. Member Expires Denise Anderson (Reappointment) 12/31/27 ECONOMIC DEVELOPMENT AUTHORITY – Members (which includes two Council members) appointed by the Mayor, subject to approval by a majority of the City Council. Resolution #86-10-100. Six year terms. Members Expires Ben Horken (Reappointment) 12/31/30 LIBRARY BOARD – Members appointed by the Mayor, subject to approval by a majority of the City Council. Members are allowed on the board for a maximum of three 3-year terms. Members Expires Renee Mabey (Reappointment) 12/31/27 PARK & RECREATION COMMISSION – Commissioners shall be appointed by the Mayor, by approval of the majority of the City Council. Once initial terms are completed all commissioners will be appointed for a three year term. Vacancies shall be filled in the same manner. Ordinance #23, 4th Series. Member Expires Robert Lukkason (Reappointment) 12/31/27 Kevin Weber (Reappointment) 12/31/27 19 PLANNING COMMISSION – Members shall be appointed by the Mayor, with the approval of a majority of the City Council, for four year terms. Vacancies will be filled in the same manner. Ordinance #181, Section 2. Members Expires Mike Powers (Reappointment) 12/31/28 POLK COUNTY PLANNING COMMISSION – Member of the Planning Commission shall be appointment by the Mayor, with the approval of the City Council, for a two year term. Vacancies will be filled in the same manner. Members Expires Mike Powers 12/31/26 RED LAKE RIVER CORRIDOR – Members shall be appointed by the Mayor, with the approval of a majority of the City Council, for four year terms. Vacancies will be filled in the same manner. Members Expires Jeremy King 12/31/27 SENIOR CITIZEN BOARD – Board (which includes one City Council member) appointed by the Mayor, subject to approval by a majority of the City Council, for 3 year terms. See Ordinance #80 – 3rd Series. Members Expires Shirley Terrian (Reappointment) 12/31/27 WATER, LIGHT, POWER & BUILDING COMMISSION – Commissioners appointed by the Mayor, subject to approval by the City Council, for 3 year terms. Members Expires Josh Grinde (Reappointment) 12/31/27 Voting Aye: Voting Nay: Absent: The President declared the resolution passed. Passed: January 7, 2025 Attest: __________________________________ _________________________ City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing resolution this 7th day of January, 2025. __________________________ Mayor 20  #10 Minutes of the regular meeting of the Water, Light, Power and Building Commission of the City of East Grand Forks, Minnesota held on December 4, 2024, at 8:00 am in the City Council Chambers. Present: Grinde, Quirk, Rapacz, Riopelle Absent: None Also present: Keith Mykleseth, Brian Johnson, Todd Grabanski, Steve Emery, Todd Forster, Brianna Feil, Jordan Midgarden, Corey Thompson It was moved by Commissioner Quirk supported by Commissioner Rapacz to approve the minutes of the previous regular meeting held on November 20, 2024. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Rapacz supported by Commissioner Riopelle to authorize the Secretary to issue payment of the recommended bills and payroll in the amount of $175,242.43. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Rapacz to award Water Treatment Chemicals as indicated on the 2025 Chemical Bid Tabulation Sheet. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Rapacz to adjourn at 8:35 am to the next regular meeting on December 18, 2024, at 8:00 am to be held in the City Council Chambers. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None Kristen Shipes Commission Secretary 21 Minutes of the regular meeting of the Water, Light, Power and Building Commission of the City of East Grand Forks, Minnesota held on December 18, 2024, at 8:00 am in the City Council Chambers. Present: Grinde, Quirk (8:02), Rapacz, Riopelle Absent: None Also present: Ron Galstad, Keith Mykleseth, Brian Johnson, Todd Grabanski, Todd Forster, Brianna Feil, Jordan Midgarden, Corey Thompson, Karla Anderson, Tyler Tretter It was moved by Commissioner Rapacz supported by Commissioner Riopelle to approve the minutes of the previous regular meeting held on December 4, 2024. Voting Aye: Grinde, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Rapacz supported by Commissioner Riopelle to authorize the Secretary to issue payment of the recommended bills and payroll in the amount of $1,972,265.65. Voting Aye: Grinde, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Rapacz to authorize Widseth to begin assembly of the 2025 Miscellaneous Electrical Distribution Construction Project Plans and Specifications. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Rapacz supported by Commissioner Quirk to authorize Widseth to begin assembly of the 2025 Electrical Equipment and Materials Specifications. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Rapacz to approve the 2025 Electric Operation and Maintenance revision as presented. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None It was moved by Commissioner Quirk supported by Commissioner Rapacz to adjourn at 8:21 am to the next regular meeting on January 2, 2025, at 8:00 am to be held in the City Council Chambers. Voting Aye: Grinde, Quirk, Rapacz, Riopelle Voting Nay: None Kristen Shipes Commission Secretary 22  AGENDA ITEM #_11____ Request for Council Action Date: January 7, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council Members Tami Schumacher, Ben Pokrzywinski, Tim Riopelle, Dale Helms, Donald Casmey, Brian Larson, and Karen Peterson. Cc: File From: Reid Huttunen, City Administrator RE: Ordinance adopting Local Sales & Use Tax Background: Included in the City Council agenda is the proposed ordinance amending City Code Chapter 33 and adding sections related to the Local Sales & Use Tax to fund recreation facility improvements. Once this ordinance is adopted and published, it will be submitted to the MN Department of Revenue. The Dept of Revenue requests a 90-day notice to enact the new tax and new sales taxes are to begin on the first day of the quarter. Therefore, the ordinance proposed and 1% Local Sales & Use Tax increase will be made effective July 1, 2025. Recommendation: First Reading and Approval of Ordinance No. 44, 4th Series Amending City Code Chapter 33, adding language for the 1% Local Sales & Use Tax Enclosures: Ordinance No. 44, 4th Series – Local Sales & Use Tax 23  ORDINANCE NO. 44, 4th SERIES AN ORDINANCE OF THE CITY OF EAST GRAND FORKS, MINNESOTA, AMENDING CITY CODE CHAPTER 33 ENTITLED "FINANCE AND TAXATION" BY ADDING SECTIONS 33.15 TO 33.24 SALES AND USE TAX LOCAL IMPROVEMENT PROJECTS, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF EAST GRAND FORKS ORDAINS: Section 1. That Chapter 33 entitled Finance and Taxation shall have the following additions: § 33.15. Authority. Pursuant to Laws of Minnesota 2023 First Special Session, Chapter 64, Section 33, the Minnesota Legislature has authorized the City of East Grand Forks to impose a local sales and use tax to provide revenues to pay the costs of collecting and administering the tax to the commissioner of revenue of the state of Minnesota and to finance the capital and administrative costs related to the funding of designated projects as defined in Minnesota 2023 First Special Session, Chapter 64, Section 33and approved by the voters at the November 5, 2024 referendum. § 33.16. Definitions. For purposes of this chapter, the following words, terms, and phrases have the meanings given them in this section unless the language or context clearly indicates a different meaning is intended. (a) City. “City” means the City of East Grand Forks, Minnesota. (b) Commissioner. “Commissioner” means the commissioner of revenue of the state of Minnesota or a person to whom the commissioner has delegated functions. (c) Designated projects. “Designated projects” means R\reconstruction and remodeling of, and upgrades and additions to the Civic Center Sports Complex ($6.745 million, plus associated bonding costs to finance such project or 20 years, whichever is first) and Reconstruction and remodeling of and upgrades and additions to the VFW Memorial Arena ($8 million, plus associated bonding costs to finance such project or 20 years, whichever is first) as authorized by the Minnesota Legislature in Minnesota 2023 First Special Session, Chapter 64, Section 33 and approved by the voters at the November 5, 2024 referendum. (d) State sales and use tax laws and rules. “State sales and use tax laws and rules” means those provisions of the state revenue laws applicable to state sales and use tax imposition, administration, collection, and enforcement, including Minnesota Statutes, chapters 270C, 289A, 297A, and Minnesota Rules, chapter 8130, as amended from time to time. § 33.17. Local sales and use tax imposed; amount of tax; coordination with state sales and use tax laws and rules. A local sales tax is imposed in the amount of 1% percent on the gross receipts from sales at retail sourced within city limits which are taxable under the state sales and use tax laws and rules. A local use tax is imposed in the amount of 1% percent on the storage, use, distribution or consumption of goods or services sourced within city limits which are taxable 24 under the state sales and use tax laws and rules. All the provisions of the state sales and use tax laws and rules apply to the local sales and use tax imposed by this chapter. The local sales and use tax imposed by this chapter shall be collected and remitted to the commissioner on any sale or purchase when the state sales tax must be collected and remitted to the commissioner under the state sales and use tax laws and rules and is in addition to the state sales and use tax. § 33.18. Effective date of tax; transitional sales. Except as otherwise provided herein, the local sales and use tax imposed by this chapter shall apply to sales and purchases made on or after July 1, 2025. The local sales and use tax imposed by this chapter shall not apply to: (a) The gross receipts from retail sales or leases of tangible personal property made pursuant to a bona fide written contract, which unconditionally vests the rights and obligations of the parties thereto, provided that such contract was enforceable prior to July 1, 2025, and that delivery of the tangible personal property subject thereto is made on or before July 1, 2025. (b) The gross receipts from retail sales made pursuant to a bona fide lump sum or fixed price construction contract, which unconditionally vests the rights and obligations of the parties thereto and which does not make provision or allocation of future taxes, provided that such contract was enforceable prior to July 1, 2025, and that delivery of the tangible personal property used in performing such construction contract is made before April 1, 2026. (c) The purchase of taxable services, including utility services, if the billing period includes charges for services furnished before and after July 1, 2025, but the local sales and use tax imposed by this chapter shall apply on the first billing period not including charges for services furnished before July 1, 2025 (d) Lease payments for tangible personal property and motor vehicles that includes a period before and after July 1, 2025, but the local sales and use tax imposed by this chapter shall apply on a prorated basis to lease payment amounts attributable to that portion of the lease payment period on or after July 1, 2025, and on the entire lease payment for all lease payment periods thereafter. § 33.19. Tax Clearance; Issuance of Licenses. (a) The city may not issue or renew a license for the conduct of a trade or business within the city if the commissioner notified the licensing division of the city that the applicant owes delinquent city taxes as provided in this chapter, or penalties or interest due on such taxes. (1) City taxes include sales and use taxes provided in this article. Penalties and interest are penalties and interest due on taxes included in this definition. (b) Delinquent taxes do not include a tax liability if: (i) an administrative or court action which contests the amount or validity of the liability has been filed or served, (ii) the appeal period to contest the tax liability has not expired, or (iii) the applicant has entered into a payment agreement and is current with the payments. (c) Applicant means an individual if the license is issued to or in the name of an individual or the corporation or partnership if the license is issued to or in the name of a corporation or partnership. 25  (1) A copy of the notice of delinquent taxes given to the licensing division of the city shall also be sent to the applicant taxpayer. In the case of renewal of a license, if the applicant requests in writing, within 30 days of receipt of the notice of hearing, then, a contested hearing shall be held under the same procedures as provided in Minn. Stat. 270A for the state sales and use tax imposed under Minn. Stat. 297A; provided further that if a hearing must be held on the state sales and use tax, hearings must be combined. § 33.20. Penalty (a) Any person who shall willfully fail to make a return required by this chapter or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or interest imposed by this chapter after written demand for such payment or who shall refuse to permit the Finance Director or any duly authorized agents or employees to examine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. (b) Every person violates a section, subdivision, paragraph or provision of this chapter when they performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a code adopted by reference by this chapter, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. § 33.21. Deposit of revenues; costs of administration; termination of tax. (a) All of the revenues, interest, and penalties derived from the local sales and use tax imposed by this chapter collected by the commissioner and remitted to the city shall be deposited by the city finance director in the city treasury and shall be credited to the fund established to pay the costs of collecting the local sales and use tax imposed by this chapter and to finance the capital and administrative costs directly related to completing the designated projects. (b) The local sales and use tax imposed by this chapter shall terminate at the earlier of: (1) 20 years or (2) when the City Council determines that $6.745 million on Civic Center Sport Complex project and $8 million on the VFW Memorial Arena project for a total of $14,745,000.00, plus an amount sufficient to pay the costs related to issuing bonds and interest on the bonds has been received from the local sales and use tax imposed by this chapter to pay for all the capital and administrative costs directly related to completing the designated projects. Any funds remaining after payment of all such costs and retirement or redemption of the bonds shall be placed in the general fund of the city. The local sales and use tax imposed by this chapter may terminate at an earlier time if the City Council so determines by ordinance. § 33.22. Agreement with the commissioner. The city may enter into an agreement with the commissioner regarding each party’s respective roles and responsibilities related to the imposition, administration, collection, enforcement, and termination of the local sales and use tax imposed by this chapter. Any such agreement shall not abrogate, alter, or otherwise conflict with the state sales and use tax laws and rules, this ordinance, or to Laws of Minnesota 2023 First Special Session, Chapter 64, Section 33. 26  § 33.23. Summary publication. The following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance pursuant to Minnesota Statutes section 412.191: Pursuant to a voter-approved referendum, the city is authorized to and will impose a local sales and use tax of 1 percent on retail sales made after July 1, 2025, to be used to fund certain designated projects related to the Civic Center Sport Complex and the VFW Arena reconstruction and remodeling projects. § 33.24. This Ordinance shall be in full force and effect from and after its passage and publication. Section 2. City Code Chapter 10 entitled "General Provisions” Applicable to Entire City Code Including Penalty for Violation" and Section 10.99 entitled "General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from and after its passage and publication and be given the Number 44, 4th Series. VOTING AYE: VOTING NAY: ABSENT: The President declared the Ordinance passed. ATTEST: PASSED: ,2025 ______________________________ ______________________________ Clerk-Administrator President of Council I hereby approve the foregoing Ordinance this _____ day of , 2025. ______________________________ Mayor 27  AGENDA ITEM #_12____ Request for Council Action Date: 12/31/2024 To: East Grand Forks City Council Mayor Mark Olstad, Council Members Tami Schumacher, Ben Pokrzywinski, Tim Riopelle, Dale Helms, Donald Casmey, Brian Larson, and Karen Peterson. Cc: File From: Michael S. Hedlund – Chief of Police RE: Request to Select Emily Barth for the Police Recruit Position and Subsequently Hire her for the Position of Police Officer Background: In 2023 the East Grand Forks City Council authorized the East Grand Forks Police Department to begin a Police Recruit Program where law enforcement students in the final stages of their college training (either the final semester of a two-year LE program or the Summer Skills program) could be selected as a Police Recruit. A Police Recruit would be given a forgivable loan from the City of East Grand Forks in the amount of $400 per week for each week of that final stage of their formal education. In return for this forgivable loan the student would promise to come to work for the EGFPD as a police officer for a minimum of two years. The various conditions that the student needs to meet to be officially hired as an officer and to have the loan forgiven are on attachment #1. In 2023 we wound up hiring officers through other channels, so we did not ever put this program into effect. In the Fall of 2024, the EGFPD was two officers short of full strength and I met with City Administrator Reid Huttunen to discuss starting to recruit through the Police Program. After much discussion with Mr. Huttunen, Terry Knudson (City of EGF HR) and City Attorney Ron Galstad the department did targeted recruiting through this program at Northland Technical and Community College, Minnesota State Technical and Community College – Moorhead and Alexandria Community and Technical College. We received two applications for the program and gave Emily Barth (Northland Technical and Community College) a conditional offer as a Police Recruit and as a Police Officer for the City of East Grand Forks. The Police Recruit Program was designed to be used when we (The EGFPD) had at least two openings. When we were doing our recruiting that was the case but after we had already completed the interview and selected Emily Barth we were able to complete the hiring of Herman Gray (starting date January 6, 2025). I felt that we should continue to move forward with the Police Recruit process as the number of applications that we have been receiving has been very low and we feel that Emily Barth is an excellent candidate to fill our current opening. A Forgivable Loan Agreement and Promissory Note, as drafted by City Attorney Ron Galstad, is attached as Enclosure #2. -1- 28  December 31, 2024 Request for Council Action Recommendation: That the East Grand Forks City Council authorize the East Grand Forks Police Department to select Emily Barth for the Police Recruit position and her subsequent conditional hiring as a Police Officer at Grade 15 Step 1 of the 2025 Wage Scale at a date to be determined. Enclosures: #1 – Police Recruit Program – Forgivable Loan Conditions – Emily Barth #2 – Forgivable Loan Agreement and Promissory Note 2 29  RESOLUTION NO. 25 – 01 - 09 Council Member _______, supported by Council Member ________, introduced the following resolution and moved its adoption: WHEREAS, the Police Recruit Program was started in 2023 in the effort to fill police officer openings in the East Grand Forks Police Department; and WHEREAS, this program could be utilized when the East Grand Forks Police Department had at least two openings for police officer which was the situation in the fall of 2024; and WHEREAS, an applicant of the Police Recruit Program would be given a forgivable loan in the amount of $400 per week during the final stages of their formal education; and WHEREAS, in return for receiving this forgivable loan, the applicant would commit to work for the East Grand Forks Police Department for a minimum of two years; and WHEREAS, Ms. Emily Barth applied for the Police Recruit Program, her information was reviewed by the Civil Service Commission and she was interviewed by the staff; and WHEREAS, City Staff has recommended issuing Ms. Emily Barth a conditional offer for the Police Recruit position and a conditional offer to be hired as a Police Officer once she has fulfilled her education requirements and passed the POST licensing test; and WHEREAS, Ms. Barth would be placed on the current Grade 15 Step 1 which is $29.60 per hour; and NOW, THEREFORE, BE IT RESOLVED the City Council of East Grand Forks, Minnesota: 1. Approves the Forgivable Loan Agreement and Promissory Note between the City of East Grand Forks and Ms. Emily Barth. 2. Approve the hiring of Emily Barth as a Police Officer at a salary of $29.60 per hour contingent upon all conditions being met. Voting Aye: Voting Nay: Absent: The President declared the resolution passed. Passed: January 7, 2025 Attest: ___________________________________ ____________________________________ City Administrator President of Council I hereby approve the foregoing resolution this 7th day of January, 2025. ____________________________________ Mayor 30 EAST GRAND FORKS ▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓ POLICE DEPARTMENT Michael Hedlund 520 DeMers Avenue East Grand Forks, MN 56721 Chief of Police Phone (218) 773 – 1104 Fax (218) 773 - 1108 December 16, 2024 Police Recruit Program – Forgivable Loan Conditions • The student selected for the EGFPD Police Recruit Program is Emily Barth. Emily is a sophomore at Northland Community and Technical College and is scheduled to graduate in May 2025. Emily is from Karlstad, MN. • The Spring 2025 semester at Northland Community and Technical College runs from Monday January 13, 2025 – Thursday May 15, 2025. (A total of 18 weeks.) • The forgivable loan is set in the amount of $400.00 per week of the Recruit’s final semester of a two-year law enforcement program. For Barth this total is $7,200.00. This shall be paid out in the following manner: o $1800 asap following the signing of the agreement o $1800 on March 15, 2025 o $1800 on April 15, 2025 o $1800 on May 15, 2025 • Emily Barth has been given a conditional offer of employment with the following conditions: o Approval by the East Grand Forks City Council o Successful completion of the background investigation o Successful completion of her AAS Degree from Northland Community and Technical College in May 2025 o Successful passing of the Minnesota POST Test o Successful passing of medical exams o Successful passing of psychological exams o Successful passing of physical agility testing • The loan funds will be forgiven under the following conditions: o All of the above conditions are met, and Emily Barth is hired as a police officer for the City of East Grand Forks o Barth completes her Field Training Program, completes her probationary period and successfully works a minimum of two years as a police officer for the City of East Grand Forks. o Barth leaves employment as a police officer with the City of East Grand Forks due to medical reasons. • Any loan payments to Emily Barth will immediately cease (during her Spring 2025 Semester at Northland Community and Technical College) if any of the following occur: o Barth stops making positive progress towards the completion of her AAS Degree with planned graduation in May 2025. 31 EAST GRAND FORKS ▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓ POLICE DEPARTMENT Michael Hedlund 520 DeMers Avenue East Grand Forks, MN 56721 Chief of Police Phone (218) 773 – 1104 Fax (218) 773 - 1108 o Any of the conditions listed in her conditional offer of employment are not met (see above for those conditions). • Emily Barth will be required to re-pay any forgivable loan payments that she has received if any of the following conditions occurs: o Barth chooses to leave employment as a police officer with the City of East Grand Forks after serving less than two years (from official date of hire as a police officer). o Barth's employment is terminated by the City of East Grand Forks for cause (violation of City/Department Policy or Municipal/State/Federal Law) during the two-year period. 32  FORGIVABLE LOAN AGREEMENT and PROMISSORY NOTE This Loan Agreement and Promissory Note (the “Agreement”), effective this ____ day of , 20 , is entered into between the following parties: Lender: City of East Grand Forks, Minnesota, (“Lender”) 600 Demers Ave., East Grand Forks, Minnesota 56721 Contact Person/Title: Mike Hedlund Chief of Police Phone: 218-773-1104 Email: mhedlund@egf.mn Borrower: Emily Barth, (“Borrower”) 302 Lincoln Avenue West Karlstad, MN 56732 Phone: 218-416-2868 Email: barthemily17@gmail.com WHEREAS, it has been determined by the Lender that it is beneficial and that a unique opportunity exists which warrants funding to secure conditional employment of the Borrower as a Police Officer in the City of East Grand Forks, Minnesota; and WHEREAS, the Lender has established a Police recruitment program that this funding will be used to offer conditional employment to a law enforcement student during their last semester in a 2-year program to assist with the student expenses; and WHEREAS, the Lender has authorized an expenditure of up to $7,200 for the purpose of making a loan to the Borrower under such terms and conditions as may be prescribed by the Lender. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements, the parties agree as follows: 1) Loan Amount and Terms: Subject to the terms and conditions of the Agreement, the Lender hereby agrees to provide the Borrower with the principal sum of up to $7,200.00 for a twenty-four (24) month period. Interest will accrue from the date of disbursement at the rate of zero percent (0.0%) per annum on the unpaid balance. Should a default occur, repayment of all principal and interest will be made immediately in accordance with the provisions shown below. The Borrower shall have the right to prepay any part or all the unpaid principal and interest balance at any time without penalty. This loan is not transferable. This shall be paid out in the following manner: o $1800 following the signing of the agreement. o $1800 on March 15, 2025 o $1800 on April 15, 2025 o $1800 on May 15, 2025 1 33 2) Conditional Offer of employment: The Borrower will graduate from the Law enforcement program at the Northland Community and Technical college in May of 2025 and accepts a conditional offer of employment with the following conditions: a. Approval by the East Grand Forks City Council. b. Successful completion of the background investigation. c. Successful completion of her AAS Degree from Northland Community and Technical College in May 2025. d. Successfully passing the Minnesota POST Test. e. Successful passing of medical exams. f. Successful passing of psychological exams. g. Successfully passing of physical agility testing. 3) Forgiveness of Debt: The Borrower’s loan will be forgiven under the following conditions: a. All the above conditions are met, and Borrower is hired as a police officer for the City of East Grand Forks. b. Borrower completes the Field Training Program. c. Borrower completes the probationary period and successfully works a minimum of two years as a licensed police officer for the City of East Grand Forks; or d. Borrower leaves employment as a police officer with the City of East Grand Forks due to medical reasons. 4) Default and Termination of Loan payments: Loan payments will immediately cease if any of the following occur: a. Borrower stops making positive progress towards the completion of her AAS Degree with planned graduation in May 2025. b. Any of the conditions listed in Borrower’s conditional offer of employment are not met (see above for those conditions). 5) Repayment: Borrower is required to re-pay any loan payment if any of the following occur: a. Borrower chooses to leave employment as a police officer with the City of East Grand Forks after serving less than two years from official date of hire as a licensed police officer. b. Borrower's employment is terminated by the City of East Grand Forks for cause (violation of City/Department Policy or Municipal/State/Federal Law) during the two-year period. 6) Indemnification: The Borrower shall indemnify, defend, and hold harmless the Lender and its respective officers and employees from any liabilities, claims, suits, judgments, and damages arising as a result of the performance of the obligations under this Agreement by the Borrower or any party in a relationship with the Borrower which 2 34  is a result of this Agreement. The liability of the Borrower under this Agreement shall continue after the termination of the Agreement with respect to any liabilities, claims, suits, judgments and damages resulting from acts occurring prior to the termination of this Agreement. 7) Amendments: Changes to this Agreement will not be effective or binding unless in writing and signed by both parties to the Agreement. 8) Termination of Agreement: Lender may terminate the loan, in whole or in part, if the Borrower has failed to comply with the conditions of the Agreement and such failure has resulted in a “default” as set forth in this Agreement. The Borrower will receive written notice and the reasons for termination. 9) Divisibility: The invalidity of any one or more phrases, sentences, clauses, or section contained in this Agreement shall not affect the remaining portions of this Agreement, or any part thereof. Further, various headings included in this Agreement exist purely as an aid to locate particular wording, and do not in and of themselves in any way affect the substance of this Agreement. 10) Complete Document: The parties agree this Agreement is a complete document in which all obligations have been reduced to writing, and there are no understandings, agreements, conventions or covenants not included herein. 11) Assignment: The parties further agree that the Borrower may not assign this Agreement. 12) Binding Effect: The provisions of this Agreement shall both bind and benefit the Borrower's successors, assigns, guarantors, endorsers, and any other person or entity now or hereafter liable hereon. 13) Notices. Notifications required pursuant to this contract shall be made in writing and mailed to the addresses shown above. Such notification shall be deemed complete upon mailing. 3 35  IN WITNESS WHEREOF, the parties have signed their names below. LENDER: CITY OF EAST GRAND FORKS, MINNESOTA ___________________________________ Mark Olstad, Mayor Reid Huttunen, City Administrator BORROWER: Emily Barth ATTEST: _______________________ STATE OF MINNESOTA COUNTY OF POLK Megan Nelson, City Clerk APPROVED AS TO FORM: Ronald I. Galstad City Attorney 4 36  AGENDA # _13____ Request for Council Action Date: January 7, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council Members Tami Schumacher, Ben Pokrzywinski, Tim Riopelle, Dale Helms, Donald Casmey, Brian Larson, and Karen Peterson. Cc: File From: Reid Huttunen, City Administrator RE: Request to update Sick Time Policy to comply with Earned Sick & Safe Time law updates Background: In July 2024, the City Council adopted updates to the Sick Time Policy to comply with changes made to the Earned Sick & Safe Time law at the 2024 MN Legislative session. A few additional changes were made to the law which are to take effect in January, 2025. Updates made to the policy in July 2024 included: 1. Law was updated to clarify which employees are not eligible for ESST. Those include Paid On- Call/Volunteer firefighters, elected officials, appointed officials (Boards/Commissions), and those part time employees who are anticipated to work less than 80 hours in a year. 2. Law added to the list of eligible criteria for use: a. To make arrangements or attend funeral services or a memorial or address financial or legal matters arising after the death of a family member. Additional changes to be effective January 2025, with the proposed updated policy: 1. Non-benefit earning part-time employees who are anticipated to work at least 80 hours in a calendar year are eligible for use of their ESST accrual immediately upon earning the accrual. The previous policy stated they were not eligible to use ESST until they had worked 80 hours in the calendar year. 2. Accounting of ESST hours for Full-time employees. The original ESST law stated that at least 48 hours of earned sick time needed to be accounted for as ESST and comply with the eligible uses of ESST stated by statute. The updated law states that any sick time an employee earns after January 1, 2024 needs to be eligible for the uses stated by the ESST statute. a. To comply with this law, the City Sick Time Policy will remove the separate accounting of 48 hours of ESST for full-time employees. All 96 hours of sick time earned by full-time benefitted employees will be categorized as sick time, and will meet the eligible uses as stated by MN ESST state. Recommendation: Approve the updated Sick Time policy with edits to comply with Earned Sick and Safe Time law. Enclosures: Updated Sick Time Policy with Earned Sick and Safe Time designation 37  SICK TIME Sick time shall not be considered a privilege or vested right which an employee may use at the employee's discretion. Sick leave shall be granted for bona fide personal injury or illness, medical examination, medical treatment, legal quarantine, care for a family member or other eligible uses as described in this policy. Accrual of Sick Time and ESST Designation. Full-time employees shall accrue sick time at a rate of eight (8) hours for each calendar month. Employees hired after February 1, 2004, cannot accumulate more than twelve hundred (1280) hours nor sell back more than nine hundred and sixty (960) hours of sick leave upon severance. Employees hired after January 1, 2010, cannot sell back more than 50 percent of unused sick leave upon severance. The City’s current sick time policy exceeds the accrual requirements for earned sick and safe time (“ESST”) under Minnesota Statutes, section 181.9445 through 181.9448. Sick time accrued by full-time employees under this sick time policy will be designated as ESST for purposes of compliance with the ESST state law. Prorated sick time benefits accrued by benefit earning part-time employees will be designated as ESST. Front Load of ESST Hours for Certain Employee Groups. Non-benefit earning part-time employees and seasonal employees who are anticipated to work at least 80 hours in a year for the City are eligible for ESST. For these employees, the City will “front load” 80 hours of ESST into a leave bank for immediate use at the beginning of the calendar year. Front- loaded and unused ESST hours may not be carried over into the following calendar year and will not be paid out to the employee at the end of each year or upon separation from employment. Employees who separate from employment and are rehired within 180 days of separation within the same calendar year will have their unused ESST hours reinstated. ESST Eligibility. The following individuals/employee groups are not eligible for ESST: those employees who are anticipated to work less than 80 hours in a year, independent contractors, elected officials, appointed officials (boards/commissions), and volunteer and paid-on-call firefighters. Notice. An employee must notify his/her immediate supervisor at least thirty (30) minutes prior to the start of their regular start time if the employee intends to be absent from work. If an emergency prevents the employee from notifying his/her supervisor at such time, the employee is expected to call their supervisor as soon as possible during the workday. Employees are required to keep their supervisor informed of their condition and anticipated return to work. Eligible Uses of Sick Time/ESST Employees may use available sick time and ESST hours as allowed under state law. The leave may be used as it is accrued in the smallest increment of time tracked by the City’s payroll system (15 minutes) for the following circumstances: 38 A. An employee’s own: o Mental or physical illness, injury, or other health condition o Need for medical diagnosis, care or treatment, of a mental or physical illness o Injury or health condition o Need for preventative care o Closure of the employee's place of business due to weather or other public emergency o The employee's inability to work or telework because the employee is prohibited from working by the city due to health concerns related to the potential transmission of a communicable illness related to a public emergency, or seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and the employee has been exposed to a communicable disease or the city has requested a test or diagnosis. o Absence due to domestic abuse, sexual assault, or stalking of the employee provided the absence is to:  Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking  Obtain services from a victim services organization  Obtain psychological or other counseling  Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking  Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking B. Care of a family member: o With mental or physical illness, injury or other health condition o Who needs medical diagnosis, care or treatment of a mental or physical illness, injury or other health condition o Who needs preventative medical or health care o Whose school or place of care has been closed due to weather or other public emergency o When it has been determined by health authority or a health care professional that the presence of the family member of the employee in the community would jeopardize the health of others because of the exposure of the family member of the employee to a communicable disease, whether or not the family member has actually contracted the communicable disease 39  o Absence due to domestic abuse, sexual assault or stalking of the employee’s family member provided the absence is to:  Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking  Obtain services from a victim services organization  Obtain psychological or other counseling  Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking  Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking  To make arrangements or attend funeral services or a memorial or address financial or legal matters arising after the death of a family member. Family Members For sick time/ESST purposes, “family member” includes an employee’s: • Spouse or registered domestic partner • Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis • Sibling, step sibling or foster sibling • Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis when the employee was a minor child • Grandchild, foster grandchild, or step grandchild • Grandparent or step grandparent • A child of a sibling of the employee • A sibling of the parent of the employee or • A child-in-law or sibling-in-law • Any of the above family members of a spouse or registered domestic partner • Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship • Up to one individual annually designated by the employee An employee claiming sick time when physically fit to work or for reasons other than those explicitly set forth in this policy may be subject to disciplinary action. Documentation/Fitness to Work. When an employee uses sick time/ESST for more than 40 three consecutive days, the City may require appropriate documentation supporting the need for leave. However, if the employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, sick time for a qualifying purpose. If an employee cannot obtain documentation (e.g., court records or related documentation) regarding the need for safety leave, an employee may submit a written statement indicating the need for the leave. The City will not require an employee to disclose details related to domestic abuse, sexual assault, stalking, or the details of the employee’s or the employee’s family member’s medical condition. Before returning to work, employees may also be required to submit to a medical examination to ensure they are able to safely perform the essential functions of their job. The City shall select the physician and facility which shall conduct the examination. Leave Sell Back and HCSP Contribution. Employees hired before January 1, 2010, may sell back to the Employer unused sick leave in excess of nine hundred sixty (960) hours up to a maximum of forty-eight (48) hours in any one year at the employee's regular rate of pay. In computing this option, each year's accumulation is added to the previous accumulation and of that total any portion in excess of nine hundred sixty (960) hours may be sold back under this provision up to forty-eight (48) hours in any one year. Employees must indicate their intention to sell back the days prior to December 1 of that year. All eligible employees with at least 480 hours of accumulated sick leave at year end will contribute the dollar equivalent of 3% of the unused and banked sick leave up to and including 1280 hours to a Health Care Saving Plan (MSRS). The dollar equivalent is calculated by taking the eligible employee’s hourly rate of pay for the preceding year times the number of hours the employee is eligible to receive. This contribution will be deducted from banked sick leave in January of each year. The employee’s banked sick leave hours will then be reduced by the number of eligible hours reflected by the employee’s contribution. No Retaliation. The City shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting ESST rights, requesting an ESST absence, or pursuing remedies. Further, the use of ESST will not be factored into any attendance point system the City may use. Additionally, it is unlawful to report or threaten to report a person or a family member’s immigration status for exercising a right under the ESST law. Benefits and Return to Work. During an employee’s use of sick time, an employee will continue to receive the City’s employer insurance contribution as if they were working, and the employee will be responsible for any share of their insurance premiums. An employee returning from time off using sick time is entitled to return to their City employment at the same rate of pay received when their leave began, plus any automatic 41 pay adjustments that may have occurred during the employee’s time off. Seniority during sick time absences will continue to accrue as if the employee has been continually employed. SICK LEAVE DONATION Employees may, on a voluntary basis, donate accumulated sick leave to a co-worker after the affected co-worker has exhausted sick leave hours due to an illness or injury to the co- worker or a co-worker’s immediate family. The donor employee must maintain ninety (90) days (minimum 720 hours) in their bank unless otherwise approved by the City Administrator. The recipient cannot receive more than thirty (30) days (240 hours) per illness or injury. Employees are not eligible to participate until their probationary period is complete. An employee who is the recipient of sick leave donation must have completed at least twelve (12) months of full-time service in a sick-leave accruing position. Once the employee has exhausted accrued and donated sick leave, the employee is NOT eligible for any additional donated sick leave until twelve (12) months after returning to work from the last donated hour received. 42  #14 43 44