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City Council Agendas & Packets

Regular Meeting

East Grand Forks, MN · May 13, 2025

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Minutes

APPROVED MINUTES OF THE WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, MAY 13, 2025 – 5:00 PM CALL TO ORDER: The Work Session of the East Grand Forks City Council for Tuesday, May 13, 2025 was called to order by Council President Larson 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 Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council members Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Staff Present: Karla Anderson, Finance Director; Maggie Brockling, Economic Development Director; Nancy Ellis, City Planner; Steve Emery, City Engineer; Ron Galstad, City Attorney; Michael Hedlund, Police Chief, Charlotte Helgeson, Library Director; Reid Huttunen, City Administrator; Jeremy King, Parks and Recreation Superintendent; Keith Mykleseth, Water and Light General Manager; Megan Nelson, City Clerk; and Jason Stordahl, Public Works Director. DETERMINATION OF A QUORUM: The Council President Determined a Quorum was present. 1. Consider Construction Manager at Risk for Recreation Facilities Projects – Jeremy King Mr. King reminded the Council that this process had started back on March 18 th, they had received three proposals from inBYLT, Kraus Anderson, and Construction Engineers, the selection committee conducting interviews, and the committee identified Construction Engineers as the most qualified. He said the next step was to negotiate the contract and once finalized it would be brought to the Council for final approval. Council member Helms asked about no construction spending without council approval. Mr. King stated nothing had been spent at this point and nothing would be spent without the Council approval for the projects. There were no further questions. This item will be referred to a City Council Meeting for action. 2. Consider Approval of the Public Transit Agency Safety Plan (PTASP) and the Transit Asset Management Plan (TAM) – Nancy Ellis Ms. Ellis informed the Council the plans had been updated and how the plans were required by the Federal Government. She reviewed what the plans covered including safety objectives, reporting, record keeping, and the plans were not published online because of the security items that were included. She stated the asset plan included the useful life of the assets and had items that were not public. She added the three- year triannual review was going to take place this year, so they were making sure the plans were up to date and was asking for approval. There were no questions. Work Session May 13, 2025 This item will be referred to a City Council Meeting for action. 3. Consider Creating EDA Discretionary Loan Account using Revolving Loan Fund interest accruals – Maggie Brockling Ms. Brockling explained the Finance Director informed her there was interest accruing on the revolving loan funds totaling $61,143 and they were seeking approval to move the interest amount into a new account. She said if they were able to get the request approved before the completion of the year end audit the fund could be set up and the policy would come later setting up how the funds could be used which would be approved by both the Economic Development Authority (EDA) and the City Council. She told the Council these funds could be used to make the City more competitive with Grand Forks and their economic development lending policies. She listed possible ways to use the funding and how it could build upon the current programs available. She stated there could be small amounts loaned out because the amount of interest varied from $30,000 up to about $50,000 per year. Council Vice-President Riopelle asked if the funds would be allocated by the EDA or by the City Council. Discussion followed about having the EDA allocate the funding because it could be more beneficial and a faster process. Mr. Galstad suggested setting an amount allowed by the EDA and anything over that amount it would be approved by the City Council. Ms. Anderson told the Council the interest funding was from EDA funds and reminded them a policy would be created to determine how the funds could be used. Council member Pokrzywinski commented on how there was $61,000 to start the fund, it would grow each year by $30,000 up to $50,000, an amount could be set that the EDA could approve, and over that amount it would be approved by the Council. Council member Helms stated the EDA was upfront with the Council and most items came before the Council. He added the EDA Board could set the policy. Mayor Olstad stated they needed to have a good discussion to set a good policy so it would not need to be updated in a short amount of time. This item will be referred to the City Council Meeting for action. 4. Consider Special Event Request from the Self Advocates of Minnesota of the Northwest Region – Megan Nelson Ms. Nelson informed the Council staff had received a special event application from the Self Advocates of Minnesota Northwest Region who were looking to host a community event in July. She explained since this was a first-time event so staff had met with the organizers to determine what was needed, they were looking at using the parking lot space by the Veteran Memorial, and because this would be a free community event they were requesting that the fees for the special event and transient merchants would be waived. She stated they would need barricades, picnic tables, and garbage cans and asked if the Council would support the event and waiving the fees. Mayor Olstad said the organizer had reached out to him so he referred her to staff members, this was a good thing to do, it would benefit the community, nothing else was scheduled in that area, and since they were a non-profit he had no issue with waiving the fees. Council member Pokrzywinski said he would support this and asked if it was going to be a rain or shine event or if they had a backup plan in case of inclement weather. Ms. Nelson said that was not something they had talked about so she would ask, she mentioned how they would like to grow this event, and have it be an annual event. Council President Larson asked about using social media to get information out about it. Ms. Nelson said they could look into it and it would be brought up at meetings and being on the agenda would help get the information out 2|Page Work Session May 13, 2025 to the public. Mayor Olstad added it was the same weekend as the Cats Incredible tournament. There were no further questions. This item will be referred to a City Council Meeting for action. ADJOURN: A MOTION WAS MADE BY COUNCIL MEMBER HELMS, SECONDED BY COUNCIL MEMBER RIOPELLE, TO ADJOURN THE MAY 13, 2025 WORK SESSION OF THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL AT 5:17 P.M. Voting Aye: Riopelle, Helms, Casmey, Larson, Peterson, Schumacher, and Pokrzywinski. Voting Nay: None. _______________________________________________ Megan Nelson, City Clerk 3|Page

Agenda

AGENDA OF THE WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, MAY 13, 2025 – 5:00 PM CALL TO ORDER: CALL OF ROLL: DETERMINATION OF A QUORUM: 1. Consider Construction Manager at Risk for Recreation Facilities Projects – Jeremy King 2. Consider Approval of the Public Transit Agency Safety Plan (PTASP) and the Transit Asset Management Plan (TAM) – Nancy Ellis 3. Consider Creating EDA Discretionary Loan Account using Revolving Loan Fund interest accruals – Maggie Brockling 4. Consider Special Event Request from the Self Advocates of Minnesota of the Northwest Region – Megan Nelson ADJOURN: Upcoming Meetings Council Meeting – Tuesday, May 20, 2025 – Council Chambers – 5:00 PM Work Session – Tuesday, May 27, 2025 – Training Room – 5:00 PM Council Meeting – Tuesday, June 3, 2025 – Council Chambers – 5:00 PM Work Session – Tuesday, June 10, 2025 – Training Room – 5:00 PM 1 Agenda Item #1 Request for Council Action Date: May 13, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Jeremy King, Parks & Recreation RE: Request to start negotiations with Construction Engineers as Construction Manager at Risk for the Facility Improvement projects Background: At the March 18th City Council meeting, the Council approved City Staff to initiate the Request for Qualifications (RFQ) process to select a Construction Manager at Risk (CMAR) for the Facility Improvement Projects. Three construction management firms inBYLT, Kraus Anderson, and Construction Engineers submitted proposals and participated in interviews. That process has now been completed. Following reviews of proposals and interviews conducted by the selection committee, Construction Engineers has been identified as the most qualified CMAR candidate, based on their extensive experience with municipal projects and collaborative project approach. City Staff is now seeking authorization to begin contract negotiations with Construction Engineers for CMAR services related to the Facility Improvement Projects. Once contract terms are successfully negotiated, a final agreement will be presented to the City Council for formal approval. Budget Impact: Construction costs will be finalized as the Guaranteed Maximum Price (GMP) is developed and brought to Council for approval. No construction spending will occur without Council approval. Recommendation: Authorize City staff to begin negotiations with Construction Engineers for Construction Manager at Risk services for the Facility Improvement Project, with the intent to bring a finalized contract to the City Council for consideration. Enclosure: None 2 Agenda Item #2 Request for Council Action Date: May 13, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Nancy Ellis, East Grand Forks Transit Manager RE: Approve the Public Transit Agency Safety Plan (PTASP Plan) and the Transit Asset Management Plan (TAM Plan) RECOMMENDATION: Staff recommend approval of the updates to the Public Transit Agency Safety Plan (PTASP Plan) and the Transit Asset Management Plan (TAM Plan). The PTASP Plan and TAM Plans were developed in 2022 and must be updated to meet current requirements/timelines. BACKGROUND: Managing safety and risk is an essential part of our business activities. Cities Area Transit Public Transit Agency Safety Plan (PTASP) is a specific element of the agency’s responsibility and establishes safety policies, identifies hazards, controls risk, allows for goal setting and planning, prioritizes resources, and measures performance. The goal of the PTASP is to increase safety within our transit system by proactively implementing the four components of SMS: Safety Management Policy, Safety Risk Management, Safety Assurance, and Safety Promotion. The PTASP addresses the following elements: • Policy Statement • Safety Objectives • Safety Performance Targets • Safety Accountabilities and Responsibilities - • • Employee Safety Reporting Program • PTASP Review and Record Keeping • Safety Risk Management Approach • Safety Assurance • Safety Training and Communication 3 The Transit Asset Management (TAM) plan is created in compliance with The National Transit Asset Management System Final Rule (49 U.S.C. 625) to establish a strategic and systematic practice for procuring, operating, inspecting, maintaining, rehabilitating, and replacing the agency’s capital assets. This includes the management of performance, risks, and cost over an asset’s life cycle to support safe, cost-effective, and reliable public transportation. The goals of the Asset Management Plan of Cities Area Transit are to support safe, clean, reliable, and high-quality transit services while making maximum use of financial resources. There are four elements that Tier II agencies must have per TAM requirements: • Inventory of Capital Assets: All capital assets that a transit provider owns, operates or manages, including those acquired without FTA funds. • Condition Assessment: Rating of Inventoried assets, collected at individual or asset class level based on the Useful Life Benchmark • Decision Support Tools: Analytical processes used to make investment prioritization • Investment Prioritization: Ranked list of proposed projects and programs ordered by year of planned implementation SUPPORT MATERIALS: Public Transit Agency Safety Plan and Transit Asset Management Plan will be available to review at the East Grand Forks Transit Office. 4 Agenda Item #3 Request for Council Action Agenda Item: EDA Discretionary Loan Account Date: May 13, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice- President Tim Riopelle, Council Members Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Prepared by: Maggie Brockling, Economic Development Director Cc: File Staff Recommendation: 1. Approve request for the Finance Director to move the revolving loan fund earned interest in the amount of $61,143.38 to a new lending account; 2. Authorize EDA and City staff to execute necessary documents. The City’s revolving loan fund with Minnesota Investment Funds have been repaid by past local business borrowers. These funds have been generating interest revenue and are eligible for relending purposes that follow the EDA Act, Minnesota Statutes, 469.090. The current balance of interest is $61,143.38 and there is a desire from the EDA loan committee and staff to move the balance into an account to administer flexible loans to approved local business applicants. The estimated $30,000 -$50,000 of annual interest revenue generated from the revolving loan funds will continue to seed this flexible lending fund. The municipal attorney and MIF regional representative have been consulted on this matter and advised that this is acceptable and the ideal use of this interest revenue. Pros: • ability to offer small loans with flexible terms and rates • builds our competitive edge • offers risk diversification and opportunities for startups 5 Cons: • unable to offer grants from this fund • loan starting amounts may be deemed too small • may take time to generate a larger balance to make bigger economic investments Alternatives: • Do nothing and leave the funds as is, generating interest • Use the funds for one single, internal city initiative that supports economic development Attachment: 1. July 2014 Operating guidelines for revolving loan funds seeded by state Minnesota investment fund awards 2. Springbrook report showing interest revenue 6 General Ledger Detailed Trial Balance User: kanderson Printed: 05/05/2025 - 11:14AM Period: 01 to 12, 2024 Account Number Description Beginning Balance Debit This Period Credit This Period Ending Balance 623 EDA TIF 1-2 E of BN Tri REVENUE 623-36 Special Assessment/Misc Rev 623-36-000-36210 Interest Earnings 12/31/2024 GL 12 345 Allocate share of intrst erngs 0.00 8,339.73 12/31/2024 GL 12 360 Allocate share of intrst erngs 0.00 436.46 623-36-000-36210 Totals: 0.00 0.00 8,776.19 -8,776.19 623-36 REVENUE Totals: 0.00 0.00 8,776.19 -8,776.19 REVENUE Totals: 0.00 0.00 8,776.19 -8,776.19 623 Totals: 0.00 0.00 8,776.19 -8,776.19 625 EDA IRP Loan Subfund 623-49-300-47200 REVENUE 625-36 Interest Earnings 625-36-000-36210 Interest Earnings 12/31/2024 GL 12 345 Allocate share of intrst erngs 0.00 8,181.85 12/31/2024 GL 12 360 Allocate share of intrst erngs 0.00 428.20 625-36-000-36210 Totals: 0.00 0.00 8,610.05 -8,610.05 625-36 REVENUE Totals: 0.00 0.00 8,610.05 -8,610.05 REVENUE Totals: 0.00 0.00 8,610.05 -8,610.05 625 Totals: 0.00 0.00 8,610.05 -8,610.05 7 Agenda Item: EDA Discretionary Loan Account 1 of 2 626 MIF (DRLF-97-0003-V-FY98) 625-49-871-47200 REVENUE 626-36 Special Assessment/Misc Rev 626-36-000-36210 Interest Earnings 12/31/2024 GL 12 345 Allocate share of intrst erngs 0.00 37,574.64 12/31/2024 GL 12 360 Allocate share of intrst erngs 0.00 1,966.49 626-36-000-36210 Totals: 0.00 0.00 39,541.13 -39,541.13 626-36 REVENUE Totals: 0.00 0.00 39,541.13 -39,541.13 REVENUE Totals: 0.00 0.00 39,541.13 -39,541.13 626 Totals: 0.00 0.00 39,541.13 -39,541.13 633 Downpayment Assistance 626-49-871-47200 REVENUE 633-36 Special Assessment/Misc Rev 633-36-000-36210 Interest Earnings 12/31/2024 GL 12 345 Allocate share of intrst erngs 0.00 4,006.34 12/31/2024 GL 12 360 Allocate share of intrst erngs 0.00 209.67 633-36-000-36210 Totals: 0.00 0.00 4,216.01 -4,216.01 633-36 REVENUE Totals: 0.00 0.00 4,216.01 -4,216.01 REVENUE Totals: 0.00 0.00 4,216.01 -4,216.01 633 Totals: 0.00 0.00 4,216.01 -4,216.01 633-46-470-47200 TOTAL Report Totals: 0.00 0.00 98,281.31 -61,143.38 634-39-000-39201 GL - Detailed Trial Balance (05/05/2025 - 11:14 AM) 8 Agenda Item: EDA Discretionary Loan Account 2 of 2 July 2014 OPERATING GUIDELINES FOR REVOLVING LOAN FUNDS SEEDED BY STATE MINNESOTA INVESTMENT FUND AWARDS A local unit of government may establish a Revolving Loan Fund (RLF) with funds from a variety of sources. The guidelines outlined in this document pertain only to a RLF seeded with funds received through the repayment of a loan provided from the state-funded Minnesota Investment Fund (MIF) or Economic Recovery Fund programs administered through the Department of Employment and Economic Development or its predecessors. The local government must follow the RLF guidelines that were submitted with the initial MIF application and approved by your DEED Senior Loan Officer. Although the guidelines provide the policies and procedures for the reuse of these funds, the RLF policies and procedures must also adhere to the same requirements that are followed by the state’s Minnesota Investment Fund program. In addition to the local government’s underwriting criteria, the guidelines from Minn. Stat. 116J.8731 (some of which is summarized below) and from the Minnesota Business Subsidy Law (Minn. Stat. 116J. 993 and 116J.994) must be included in the policies and procedures General Purposes and Guidelines for RLFs Seeded by the Minnesota Investment Fund Purpose and Goals The purpose of the RLF is to provide financial and technical assistance for the creation and retention of new employment. These objectives may be accomplished through the following means: 1. Create/retain permanent private sector jobs to fuel above-average economic growth consistent with environmental protection; 2. Investment in technology and equipment that increase productivity and provide for higher wages; 3. Leverage of private investment to ensure economic renewal and competitiveness; 4. Increase the local tax base to guarantee a diversified industry mix; 5. Improve the quality of existing jobs, based on increases in wages or improvements in the job duties, training, or education associated with those jobs; 6. Improve employment and economic opportunities and create a reasonable standard of living; and 7. Enhance productivity growth through improved manufacturing or new technologies. One way to meet these objectives is to assist businesses that have location options outside Minnesota. These firms bring income into the state and raise the overall standard of living. Eligible Expenditures The MIF-seeded funds may be used in a variety of ways include example noted below. More information is available in Minn. Stat. 116J.8731 and through conversations with your loan officer. 1. Provide loans, loan guarantees, interest buy-downs, and other forms of participation, ensuring that RLF funds are matched by private financing. 2. Fund strategic investments in renewable energy market development. Any expenditure for external marketing for renewable energy market development is not subject to the matching requirements listed above. 3. Provide entrepreneurs with training, other technical assistance, and financial assistance as defined by federal guidelines. 1 9 July 2014 Eligible Projects Assistance must be evaluated on the existence of the following conditions as noted in Minn. Stat. 116J.8731: 1. Creation or retention of jobs, or the improvement of jobs as measured by wages, skills or knowledge; 2. Increase in the tax base; 3. Attraction of private funds to the project; 4. Incapacity of local communities and finance partners to finance project; 5. Results in higher wage levels or workforce skills; 6. Supports development of microenterprises, as defined by federal guidelines, through technical assistance or financial assistance. 7. Need for assistance to retain existing business; 8. Importance of assistance to attract out-of-state business; and 9. The project promotes or advances the green economy. The assistance cannot meet solely 7. or 8.; other conditions must also be present. Eligible Activities RLF’s may be used to fund a variety of business activities including: 1. Acquisition of land 2. Construction or rehabilitation of facilities 3. Site improvements 4. Utilities or infrastructure 5. Machinery and Equipment 6. Training 7. Working capital Advance approval from DEED is necessary if the local government would like to provide financing for activities not listed above. Approval is more likely to occur in projects that relate to business development and involve other local government funds. Ineligible Activities In contrast to federal MIF funds, there are industry limitations on how state MIF RLFs may be used. State MIF RLFs may not be used for the operation, construction or expansion of a casino, a sport facility that that has a professional sports team as a principal tenant or any firm engaged in retailing merchandise. All assistance should follow the approved RLF guidelines. Please call your loan officer to discuss any prospective financing. Wage Goals Businesses receiving RLF-State MIF assistance must pay each employee total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 % of the federal poverty level for a family of four, which as of February 1, 2014 is $12.61 per hour. Each year’s compensation level changes and can be found on DEED’s Business Finance MIF website. Other Eligible Uses of the Funds Minn. Stat. 116J.8731 allows local governments to loan or grant RLF funds to a regional development commission, other regional entities, or a certain statewide community capital funds to provide the local match required for capitalization of a regional or statewide RLF. Unlike federal MIF funds, state MIF funds held by local governments never lose their state identify and must follow all applicable laws and regulations. 2 10 July 2014 The local government must request permission from the DEED before it can commit to providing funds to any of these organizations. The local government does not have the authority to turn over to another entity, such as Port Authority, Economic Development Authority, Housing Authority, etc. revolving loan funds for any purpose; these entities may administer MIF transactions provided the MIF grantee still maintains control over the RLF. Conflict of Interest Minn. Stat. 471.87 and 471.88 provide guidance on conflict of interest in a MIF transaction. An actual conflict of interest shall be deemed to exist when a decision on a MIF transaction would compromise a duty to another party or if special advantage is deemed to occur. Potential conflict of interests shouldl also be considered. Business Subsidy Law As mentioned on page 1, Minn. Stat. 116J.993 and 116J.994 must be followed in the administration of RLF-State MIF. These sections pertain to the definition of a business subsidy, public purpose of the subsidy, criteria, subsidy agreements, wage and job goals, timing of the project, public notice and hearing requirements, failure to meet goals, and reporting of information regarding the outcomes of the subsidy. Job Listing Requirements Per Minn. Stat. 116L.66, a business that receives grants or loans in an amount greater than $200,000 must agree to list any vacant or new positions related to the financial assistance on the MinnesotaWorks.net job bank website. Prevailing Wage Per Minn. Stat. 116J.871, laborers and mechanics at the project site during construction, installation,remodeling, and repairs must be paid the state prevailing wage if the financial assistance is greater than $500,000 for a loan. All contracts for publicly owned infrastructure using the RLF must comply with the prevailing wage provisions. Data Privacy The provision of any information related to any applications for assistance is guided by Minn. Stat. 13.591, particularly Subd 1 and 2. These operating guidelines provide a summary of how to administer revolving loan funds seeded with repayments from Minnesota Investment Fund loans. Specific transactions and RLF administration should be discussed with your DEED Senior Loan Officer. Other applicable state and federal laws and rules must also be followed. 3 11 AGENDA ITEM #___4____ Request for Council Action Date: 4/29/25 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Administration Office RE: Disability is Not a Bad Word Celebration Event Request The Self Advocates of Minnesota (SAM) of the NW Region would like to host the community Disability is Not a Bad Word Celebration on Saturday, July 26th from 10am to 3pm. They would like to utilize the parking lot space by the Veterans Memorial. Request from SAM NW Group: To Whom It May Concern: SAM NW aka Self-Advocates Minnesota Northwest Region is looking to a hold a community event on July 26, 2025 from 10am to 3pm. We are a non-profit organization that is ran for and by people with disabilities. We are asking for all fees to be waived and also for the transient vendor fees to be waived as well. This event will benefit the entire community and bridge the gap between community members with and without disabilities. There will be vendors, food trucks, arts and crafts, a DJ and a program that will allow people to perform open mic. This will be the first disability pride event in East Grand Forks, MN and we hope to make it an annual event. Disability Pride, Disability Justice, Olmstead Decision, Side by Side in the community like everyone else is so important for all people. Please help us make this happen. Audra Nikle SAM NW Rep Staff are asking the Council if they would consider approval for this event and if they would support waiving of the special event fees and the transient merchant fees for the vendors. City fees would be required for the food trucks. -1- 12 13 14 15

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