City Council Agendas & Packets

AGENDA OF THE WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, SEPTEMBER 23, 2025 – 5:00 PM CALL TO ORDER: CALL OF ROLL: DETERMINATION OF A QUORUM: 1. Request to Open Wave Shop at Civic Center Arena – Jeremy King 2. Consider Approval of Bluepeak Fiber Franchise Agreement – Reid Huttunen 3. Request to Purchase R22 for VFW Memorial Arena Refrigeration System – Jeremy King 4. Discussion on Engine Brake Ordinance – Megan Nelson 5. Discussion on Request for Mobile Sauna Business – Megan Nelson 6. Requesting Discussion & Direction on the Police Lieutenant Position – Reid Huttunen 7. Interest in Sale or Lease of Decommissioned Wastewater Pond Property – Reid Huttunen ADJOURN: SEE NEXT PAGE FOR THE CLOSED MEETING AGENDA Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting. 1  AGENDA OF THE CITY COUNCIL CLOSED MEETING CITY OF EAST GRAND FORKS TUESDAY, SEPTEMBER 23, 2025 – FOLLOWING THE COUNCIL MEETING CALL TO ORDER: CALL OF ROLL: DETERMINATION OF A QUORUM: 1. The meeting will be closed pursuant to MN Statute 13D.05 Subd. 2(b) for preliminary consideration of allegations or charges against an individual subject to its authority. ADJOURN: Upcoming Meetings Council Meeting – Tuesday, October 7, 2025 – Council Chambers – 5:00 PM Work Session – Tuesday, October 14, 2025 – Training Room – 5:00 PM Council Meeting – Tuesday, October 21, 2025 – Council Chambers – 5:00 PM Work Session – Tuesday, October 28, 2025 – Training Room – 5:00 PM Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting. 2  AGENDA ITEM #__1_____ Request for Council Action Date: September 23, 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 Open Wave Shop at Civic Center Arena Background: Matt Stengl, in partnership with the Wave Academy, is seeking approval to open a merchandise shop in the front concession stand area of the Civic Center Arena. This space is currently leased by the Blue Line Club (BLC), and Matt has reached an agreement with the BLC to utilize a portion of the stand for retail purposes. The BLC would retain part of the space for storage, while the remaining area would be repurposed to operate the shop. The shop would offer East Grand Forks Green Wave merchandise during events, featuring a variety of items such as Green Wave hockey apparel, as well as general school-branded products including shirts, sweatshirts, hats, gloves, and mugs. As part of the arrangement, the City would require Matt to sign a Facility Use Agreement with a one-year term, after which the agreement could be reviewed and reevaluated. Budget Impact: None. Recommendation: Allow Matt Stengl to use the front concession stand area at the Civic Center to open the Wave Shop. Enclosure: Facility Use Agreement. -1- 3  City of East Grand Forks Facility Use Agreement It is the City of East Grand Forks’ hereinafter “CITY” desire that all patrons who periodically use a CITY building, facility, park, room, arena, field, recreational area, shelter, or other City property are able to enjoy the “Facility”. This agreement has been set in place to achieve that goal. The person signing this agreement and the organization (hereinafter the “User”) on whose behalf the “Agreement” is being made are responsible for compliance with this agreement. All Users’ are required to read and sign the City Use Agreement as part of the rental and before the Facility can be rented by the User. Please read carefully, fill out City, User, and Event sections, initial at the bottom of each page, and sign in the signature page at the end of this document. 1. CITY FACILITY INFORMATION Name of CITY Facility/Property: Civic Center Address/Area/Location of Facility/Property): 300 15th St NE, East Grand Forks, MN 56721 Room/Area of Use Rented: Front Concession Area The RENTAL FEE and consideration to be paid by the User shall be as follows: Rental Fee sum of $0.00 . Facility: Civic Center for the term of one year from date the agreement is signed. Special Conditions: The following special conditions, as designated by the City of East Frand Forks, are included as part of this rental agreement: 1. General use of the Civic Center Front Concession Area is permitted. 2. The User is authorized to sell East Grand Forks Green Wave school-branded merchandise, including but not limited to shirts, sweatshirts, hats, gloves, mugs, and other similar items. 3. Specific hours of operation may be adjusted in coordination with the Parks & Recreation Superintendent and Matt Stengl. 2. USER INFORMATION Organization Name: Signature Graphics Address, City, State, Zip: 216 2nd St NE, East Grand Forks, MN 56721 Contact name/title: Matt Stengl Email: solidinkllc@gmail.com A. This agreement, made and entered into this _______ day of ________________ by and between the City of East Grand Forks Parks & Recreation Department, a municipal corporation, acting by and through its Superintendent of Parks & Recreation and the “User” Matt Stengl (list 4 1|Page  organization/renter), now, therefore, in consideration of the promises contained herein, do hereby agree as follows: B. The CITY agrees to provide the use of the above-listed Facility or the following parts therein, described above in City Information. Renting said premises subject to the conditions, rules, regulations, and policies that the CITY shall by Ordinance and Resolution establish for CITY property and facilities from time to time, which Ordinance and Resolution are mutually understood and agreed by the parties hereto be a part hereof. It is further mutually agreed that any attached conditions, rules, regulations, and policies of the CITY are a part of this Rental agreement. C. User shall perform routine pick up after its use of the rented FACILITY. All garbage will be placed in the appropriate receptacles as determined by the CITY. If not cleaned to the sole satisfaction of the CITY, the User agrees to pay CITY the costs the City incurs for clean-up purposes. D. No alcoholic beverages shall be sold or permitted by the User upon the premises. E. Indemnification. The User shall defend, indemnify and hold harmless the City and its officials, employees and agents from any liabilities, judgments, losses, costs or charges (including attorneys' fees) incurred by the City or any of its officials, employees or agents as a result of any claim, demand, action or suit relating to any bodily injury or illness (including death), loss or property damage caused by, arising out of, related to or associated with the use of the Facility by the User or by the User's guests or invitees, except to the extent caused by the sole negligence, gross negligence or willful misconduct of the City or its officers, employees or agents. F. Waiver and Assumption of Risk. The User knows, understands and acknowledges the risks and hazards associated with using the Civic Center and hereby assumes any and all risks and hazards associated therewith. User hereby irrevocably waives any and all claims against the City or any of its officials, employees or agents for any bodily injury (including death), loss or property damage incurred by the User as a result of using the Civic Center and hereby irrevocably releases and discharges the City and any of its officials, employees or agents from any and all claims of liability. G. Insurance. The User is required to obtain liability insurance for the Agreement. If insurance is required, User agrees to obtain at least a minimum $1 Million General Liability coverage. The User agree to provide a certificate of insurance to the City showing the required coverage at least seven (7) days prior to the Event and naming the City of East Grand Forks as an Additional Insured. H. User shall be solely responsible for the supervision and control of its volunteers and participants, and it is strongly recommended by the CITY that if said volunteers are working directly with children that background checks be performed in accordance with “The Minnesota Child 5 2|Page  Protection Act (MN Stat. 299C)”. Any volunteers provided by the User are not “City Volunteers” and are acting on behalf of the User and ARE NOT acting on behalf of the CITY. I. CITY, its agents and employees shall have the right to enter the rented premise upon reasonable advance notice for the purpose of inspecting, repairing, altering or improving the rented premises, or for any other purpose. There shall be no diminution of rent and no liability on the part of CITY by reason of any inconvenience, annoyance or injury caused by CITY’s reasonable exercise of the rights reserved by CITY in this Article. J. DISCRIMINATION. No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in, programs, services, and activities with regard to race, color, creed, religion, national origin, sex, gender, marital status, status with regard to public assistance, disability, sexual orientation, age, family care leave status, or veteran status. K. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. L. User agrees to abide by all rules, regulations, and guidelines set in place by the State of Minnesota, County of Polk, and City of East Grand Forks in compliance and operation of event. M. User shall not assign this agreement, nor suffer any use of the said leased premises other than as herein specified, nor sublet the premises or any part thereof, without the prior consent of the City and its Parks & Recreation Superintendent. N. User is responsible for any lost keys, and any costs that the City might incur to replace and/or re- key the Facility. O. Priority of Use/Cancellation. The City shall have first priority for all governmental and department activities. The priority for all other users shall be on a first come, first served basis. The City reserves the right to cancel this Agreement as it deems necessary. P. Set Up, Clean Up , Misc. Equipment. Set up, Clean Up, Misc. Equipment use must be followed under the standards of use and care as described in the Special Conditions listed below or as described above by this agreement. Q. Special conditions of this Agreement not hereinabove provided are as follows: _______________________________________________________________________________ _______________________________________________________________________________ IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. 6 3|Page IMPORTANT – READ BEFORE SIGNING I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of use. Signature ________________________________________________________ Print name __________________________Title_________________________ Organization ______________________________ Address ___________________________________ Telephone: Home/Mobile ____________________________ Work__________________ CITY OF EAST GRAND FORKS By: ______________________________ _________________ Its Mayor By: _______________________________________________ Its City Administrator 7 4|Page  AGENDA # _2_______ Request for Council Action Date: Sept. 23, 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: Reid Huttunen, City Administrator RE: Bluepeak Fiber Franchise Agreement Background: Bluepeak fiber internet and cable television company has continued working with City staff to set the terms of a Cable Franchise Agreement, that will grant Bluepeak the ability to expand their fiber internet and cable tv service into East Grand Forks. The proposed Franchise agreement is included as an attachment on this agenda item for City Council review. The City of East Grand Forks operates Cable TV franchises through Ordinance No. 16, 4th Series “Cable Services Regulatory Ordinance” found here: https://www.eastgrandforks.us/DocumentCenter/View/3877/Ord-16---4th-Cable-Service-Franchise- ?bidId= Budget Impact: The City’s Cable Franchise ordinance calls for a 5% of gross earnings of franchise fee eligible revenues. . Recommendation: Consider approval of the Cable Franchise Agreement with Clarity Telecom DBA Bluepeak Enclosures: Proposed Franchise Agreement between Bluepeak and the City of East Grand Forks. 8  CABLE SERVICES FRANCHISE AGREEMENT BETWEEN CLARITY TELECOM, LLC D/B/A BLUEPEAK AND THE CITY OF EAST GRAND FORKS, MINNESOTA 9  TABLE OF CONTENTS SECTION 1. GENERAL PROVISION ..........................................................................3 1.1 Grant ………………… ...............................................................................3 1.2 Effective Date……………. .........................................................................4 1.3 Term ...............................................................................4 1.4 Acceptance………………………………………. ......................................4 1.5 Change of Law ...............................................................................5 1.6 Renewal of Permit ………………………………………………………...5 1.7 Conflict with Cable Services Code and Reservation of Rights ...................5 1.8 Service Area……………………….. ...........................................................5 SECTION 2. Definitions……………………….. .............................................................5 SECTION 3. STANDARDS OF SERVICE………………… ........................................5 3.1 Conditions of Street Occupancy ..................................................................5 3.2 Restoration of Rights-of-Way………………… ..........................................5 3.3 Relocation at Request of Permitting Authority ............................................5 3.4 Relocation at Request of Third Party. .........................................................6 3.5 Trimming of Trees and Shrubbery………………………………………. ..6 3.6 Safety Requirements ...............................................................................6 3.7 Aerial and Underground Construction. ........................................................6 3.8 Subscriber Charges for Extension of Service………………………. .........7 3.9 Customer Service Center .............................................................................7 SECTION 4. REGULATION BY PERMITTING AUTHORITY……. ......................7 4.1 Franchise Fee ...............................................................................7 4.2 Rates & Charges…………………. .............................................................9 4.3 Conditions of Sale ...............................................................................9 4.4 Transfer of Permit…………………. .........................................................10 SECTION 5. COMPLIANCE AND MONITORING……………………………......10 5.1 Books and Records .............................................................................10 5.2 Public, Educational and Government Access Channels ..............................7 5.3 Additional Requirements Regarding Access Channels…… .......................7 SECTION 6. INSURANCE, INDEMNIFICATION, AND BONDS OR OTHER SURETY 6.1 Insurance Requirements .............................................................................10 6.2 Indemnification .............................................................................11 6.3 Bonds and other surety…….......................................................................11 SECTION 7. EMERGENCY ALERT……. .................................................................11 7.1 Emergency Alert .............................................................................11 SECTION 8. MISCELLANEOUS PROVISIONS……...............................................12 8.1 Preemption .............................................................................12 2 10 8.2 Employment Requirements…………………………. ...............................12 8.3 Notice………………………… .................................................................12 8.4 Descriptive Headings………………….. ...................................................12 8.5 Severability……………………………… ................................................12 8.6 Force Majeure……………………………. ...............................................12 8.7 Modification……………………………. ..................................................13 6.8 Acceptance and Effective Date ..................................................................13 APPENDIX A: Map of the System and City ........................................................13 APPENDIX B: Broad Categories of Programming ..............................................13 3 11  FRANCHISE AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO AS OF THIS ___ DAY OF ___________, BY AND BETWEEN CLARITY TELECOM, LLC (D/B/A BLUEPEAK) (“FRANCHISEE”) AND THE CITY OF EAST GRAND FORKS, MINNESOTA (“CITY”). THIS AGREEMENT is subject to the laws of the State of Minnesota, the rules and regulations of the Federal Communications Commission (“FCC”), the Communications Act of 1934, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as amended, or as superseded by new statutes. WHEREAS, the City adopted a Cable Television Franchise Ordinance on December 1, 2015 (the “Ordinance”), which authorizes the City to issue a Franchise to operate a Cable System in the City; and WHEREAS, the City’s role as manager of public rights-of-way and easements and as a regulator of cable services requires it to maintain a fair and level playing field for all such service providers; and WHEREAS, the City and Bluepeak have determined that it is in the best interest of all parties, including the citizens of City, that Bluepeak be granted the right to construct and operate a cable system to provide cable services within the City; and WHEREAS, the City Council of East Grand Forks has relied on Bluepeak’s representations and has considered all information presented to it by Bluepeak, by City staff, and the public, and has determined that Bluepeak has the technical, legal, and financial ability to construct and operate a cable system and to provide cable services; and WHEREAS, based upon such representations, the City Council of East Grand Forks has determined that it would be in the best interests of the City to grant Bluepeak a non-exclusive permit to construct, install, maintain, and operate a cable system in the City, subject to the terms and conditions set forth herein and applicable federal, state, and municipal statutes, regulations and ordinances, is consistent with the public interest. NOW, THEREFORE, in consideration of the faithful performance and strict observance by the Franchisee of all the terms hereinafter set forth or provided for, and in consideration of the grant to the Franchisee of the Franchise by the City, the parties agree as follows: SECTION 1. GENERAL PROVISIONS 1.1 Grant. A. City hereby grants to Franchisee a nonexclusive Permit authorizing Bluepeak to construct and operate a Cable System and offer Cable Service and other service in, along, among, upon, across, under, or in any manner connected with Rights-of- Way within the Service 4 12  Area (defined hereinafter) and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any Rights-of-Way and all extensions thereof and additions thereto, such cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System (collectively, the “Permit”). Franchisee must obtain written approval from City prior to the installation or construction or placement of any overhead facility. Nothing in this Permit shall be construed to prohibit Franchisee from offering any service over its Cable System that is not prohibited by applicable law. B. The Franchisee agrees to abide by all the provisions of the City’s Cable Regulatory Ordinance No. 16, 4th Series as it exists on its effective date, and other relevant and generally applicable regulations and supplemental specifications as to construction, operation, or maintenance promulgated by the City. The Franchisee acknowledges that it has examined all the provisions of the Ordinance and agrees that the provisions thereof are valid, binding at this time, and enforceable as of the effective date of this Franchise. C. The Franchisee hereby agrees that it has negotiated this Franchise Agreement in good faith and due knowledge of its rights and responsibilities under relevant local, state, and federal laws. D. The Franchisee hereby acknowledges that it accepts the rights granted herein reliance upon its independent and personal investigation and understanding of the power and authority of the City to enter into this Franchise with Franchisee. 1.2 Effective Date. This Franchise will become effective based on compliance with Section 8.8 of this Franchise Agreement. 1.3 Term. The Permit granted pursuant to this Agreement shall be for a term of ten (10) years from the passed and adopted date of the Permit unless otherwise lawfully terminated in accordance with the terms of this Agreement. The Permit and the Agreement will automatically renew for one (1) additional ten (10) year term unless either Party notifies the other in writing at least 12 months prior to the expiration of the initial 10-year term that it desires to enter into renewal negotiations pursuant to Paragraph 1.6 below. 1.4 Acceptance. Franchisee shall accept the Permit granted pursuant hereto by signing this Agreement and filing same with the City Clerk within thirty (30) days after the passage and final adoption of this Agreement. In the event City enters into or has entered into a Permit of any kind with any Person other than Bluepeak to enter into the Rights-of-Way for the purpose of constructing or operating a 5 13  Cable System or providing Cable Service or video service to any part of the Service Area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. 1.5 Change of Law In the event the federal, state, or local law, rules or regulations are amended, modified, or created that have the effect of modifying the terms and conditions of this Permit during the Term or any extension thereof, Franchisee has the sole option to terminate this Permit upon ninety (90) days’ notice to City. Nothing in this Permit shall impair the right of Franchisee to terminate this Permit and, at Franchisee’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity (such as the State of Minnesota). To the extent that Franchisee obtains an authorization to operate a network and serve customers under applicable laws in lieu of this Permit, Franchisee shall have the right to terminate this Permit upon 90 days prior written notice to City. 1.6 Renewal of Permit. Prior to the end of the Permit term, City and Franchisee agree to enter into good faith negotiations regarding the renewal, modification, and/or extension of this Permit. 1.7 Conflict with Cable Services Code and Reservations of Rights The provisions of the Ordinance are incorporated herein by reference as if set out in full, and form part of the terms and conditions of this Franchise Agreement. In the event of any conflict between the terms and conditions of this Franchise Agreement and the provisions of the Ordinance, the specific terms or provisions of this Franchise Agreement that conflict with a term of provision of the Ordinance will control subject to applicable laws. The City and Franchisee reserve all rights that they may possess under the law unless expressly waived herein. 1.8 Service Area. This Franchise is granted for the entire geographic area of the City. In the event of annexation by the City, any new territory will immediately become part of the Service Area provided that residences number at least seven (7) per 1320 feet. Section 2: Definitions The Definitions contained in the Ordinance are incorporated herein by reference and adopted as fully as if set out verbatim. Section 3: Standards of Service 6 14 3.1 Conditions of Street Occupancy. All transmission and distribution structures, poles, other lines, and equipment installed or erected by Franchisee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of Rights-of-Way and with the rights and reasonable convenience of property owners who own property that adjoins any of such Rights-of-Way. Franchisee shall comply with all right-of-way and easement management ordinances and/or regulations enacted by City, including such ordinances and/or regulations enacted after the effective date of this Permit. 3.2 Restoration of Rights-of-Way. If during the course of Bluepeak’s construction, operation, or maintenance of the Cable System there occurs a disturbance of any Rights-of-Way by Bluepeak, it shall, at its expense, replace and restore such Rights-of-Way to a condition reasonably comparable to the condition of the Rights-of-Way existing immediately prior to such disturbance. 3.3 Relocation at Request of Permitting Authority. Upon its receipt of reasonable advance notice, Franchisee shall, at its own expense, protect, support, temporarily disconnect, relocate in the Rights-of-Way, or remove from the Rights-of-Way, any property of Franchisee when lawfully required by City by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by City. If the City compensates any utility or other Person occupying the Rights-of-Way for such work, the City shall similarly compensate the Franchisee for such work. 3.4 Relocation at Request of Third Party. Franchisee shall, on the request of any Person holding a building or other structure moving permit issued by City, temporarily raise or lower its wires to permit the moving of such building or other structure, provided: (a) the expense of such temporary raising or lowering of wires is paid by such Person, including, if required by Franchisee, making such payment in advance; and (b) Franchisee is given not fewer than five (5) business days’ advance written notice to arrange for such temporary wire changes. 3.5 Trimming of Trees and Shrubbery. Franchisee shall have the authority to trim trees or other natural growth overhanging any of its Cable System in the Service Area so as to prevent branches from coming in contact with Franchisee wires, cables, or other equipment. Franchisee shall notify City of time and location of planned trimming of trees and shrubs prior to completing the work, except in emergency circumstances. Franchisee will not cut or otherwise injure said trees to any greater extent than is reasonably necessary for the continued integrity of its system, wires, or cables. Franchisee shall reasonably compensate City or property owner for any damages caused by such trimming. 3.6 Safety Requirements. Construction, installation, and maintenance of the Cable System shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC or other federal, state, and local regulations. The Cable System shall not unreasonably endanger or interfere with the safety of persons or property in the Service Area. 3.7 Aerial and Underground Construction. In those areas of the Service Area where all of the transmission or distribution facilities of the respective public utilities providing telephone 7 15  communications and electric services are underground, Franchisee likewise shall construct, operate, and maintain all of its transmission and distribution facilities underground; provided that such facilities are actually capable of receiving Franchisee’s cable and other equipment without technical degradation of the Cable System’s signal quality. Franchisee shall construct all of its cable facilities underground unless given written permission by the City. 3.8 Subscriber Charges for Extensions of Service. This Section 3.8 applies to this Agreement and Permit in lieu of Section 5.11 of the Ordinance. If a residence within the City limits is located within 150 feet of Franchisee’s Cable System located in the Rights-of-Way, , then upon request by the resident, Franchisee will install a Drop. Such Drop shall be completed by Franchisee at no cost to the resident, within 90 days from the date of request, weather permitting. However, if such residence is located farther than 150 feet from Franchisee’s Cable System located in the Rights-of-Way, then Franchisee shall only be required to install a Drop to such residence if the resident is willing to pay the capital costs of extending the Cable System to be within such 150 feet so that Franchisee can install such Drop as required hereby. Franchisee may require that such residents pay the capital contribution for construction in advance. City residents also shall be responsible for any standard/non-standard installation charges to extend the Cable System from the tap to the residence. Cable Service offered pursuant to this Article shall be conditioned upon Franchisee having legal access to any such residence wherein such Cable Service is provided. Nothing herein shall be construed to limit Franchisee’s ability to offer or provide bulk rate discounts or promotions. 3.9 Customer Service Center. Section 7.2.5 of the Ordinance shall not be construed as a requirement for a customer service center to be located within East Grand Forks, MN City limits. Franchisee shall, however, maintain a drop box for equipment returns and manual payments within the City or contiguous metropolitan area. SECTION 4. REGULATION BY PERMITTING AUTHORITY 4.1 Franchise Fee. During the term of this Permit, Franchisee shall pay to City a Franchise Fee equal to five percent (5%) of Gross Revenues, pursuant to Section 6.1 of the Cable Services Regulatory Ordinance No. 16, 4th Series. The Franchise Fee may be identified and passed 8 16 through to any Subscriber bill by Franchisee. The Franchise Fee will be paid to the City quarterly and shall be due forty-five (45) days after the end of each calendar quarter. (A) For purposes of this Permit, Gross Revenues are limited to the following 1. recurring charges for Cable Services; 2. event-based charges for Cable Services, including but not limited to pay-per-view and video-on-demand charges; 3. rental of set top boxes and other Cable Services equipment; 4. service charges related to the provision of Cable Services, including, but not limited to, activation, installation, and repair; 5. administrative charges related to the provision of Cable Services, including, but not limited to, service order and service termination charges; and 6. amounts billed to Cable Services subscribers to recover the Franchise Fee authorized by this section. (B) For purposes of this Permit, gross revenues do not include: 1. uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in gross revenues in the period collected; 2. late payment fees; 3. revenues from contracts for in-home maintenance service unless they relate solely to maintenance on equipment used only for the provisioning of Cable Services and not for the provisioning of any other service provided by Bluepeak or its affiliates; 4. amounts billed to Cable Services subscribers to recover taxes, fees or surcharges imposed upon Cable Services subscribers in connection with the provision of Cable Services, other than the Franchise Fee authorized by this section; 5. revenue from the sale of capital assets or surplus equipment; or 6. charges, other than those described in subsection (A), that are aggregated or bundled with amounts billed to Cable Services subscribers. (C) Gross Revenues which are subject to the Franchise Fee paid by Franchisee additionally include a pro rata portion of all revenue collected by Franchisee pursuant to compensation arrangements for advertising (less any commissions Franchisee receives from any third parties for advertising) and home-shopping sales derived from the operation of Franchisee’s Cable System within the Service Area. Advertising commissions paid to third parties (excluding any refunds, rebates, or discounts the Company may make to advertisers) shall not be deducted from advertising revenue included in gross revenue. The allocation of advertising and home-shopping revenue referred to above shall be based on 9 17  the number of subscribers in City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. (D) Bundling discounts shall be apportioned fairly among video and other services. Franchisee shall not apportion revenue in such a manner as to avoid the Franchise Fee. (E) In the event that any other video services provider, including but not limited to a cable operator or open video service provider, enters into any agreement or makes any arrangement with City during the term of this Permit whereby it is required or allowed to pay a fee to City that is similar to the Franchise Fee described herein, this Permit shall be amended to allow Franchisee to substitute the definition of “gross revenue” set forth in that agreement or arrangement for the definition of “gross revenue” set forth in this Permit immediately upon request of Franchisee. Franchisee and City agree that the Franchise Fee shall be in lieu of all other concessions, charges, excises, franchise, license, privilege, taxes, or assessments except those listed below. Franchisee agrees that it shall be responsible for right-of-way and construction permit fees to install its facilities in the City Rights-of-Way, sales taxes, personal or real property taxes, and ad valorem taxes, if and as applicable in each case. 4.2 Rates and Charges. City may not regulate the rates for the provision of Cable Service or other service, including, but not limited to, ancillary charges relating thereto, except as may be authorized pursuant to federal and state law. From time to time, and at any time, Franchisee has the right to modify its rates and charges, at its discretion and without consent of City, including, but not limited to, the implementation of additional charges and rates; provided, however, that Franchisee shall give notice to City of any such modifications or additional charges thirty (30) days prior to the effective date thereof. 4.3 Conditions of Sale. Except to the extent expressly required by federal or state law, if a renewal or extension of the Permit is denied or the Permit is lawfully terminated, and City either lawfully acquires ownership of the Cable System or by its actions lawfully effects a transfer of ownership of the Cable System to another party, any such acquisition or transfer shall be at fair market value, determined on the basis of the Cable System valued as a going concern. Franchisee and City agree that in the case of a lawful revocation of the Permit, at Bluepeak’s request, which shall be made in its sole discretion, Franchisee shall be given a reasonable opportunity to effectuate a transfer of its Cable System to a qualified third party. City further agrees that during such a period of time, it shall authorize Franchisee to continue to operate pursuant to the terms of its prior Permit; however, in no event shall such authorization exceed a period of time greater than six (6) months from the effective date of such revocation. If, at the end of that time, Franchisee is unsuccessful in procuring a qualified transferee or assignee of its Cable System which is reasonably acceptable to City, Franchisee and City may avail themselves of any rights they may have pursuant to federal or state law; it being further agreed that City’s continued operation of its Cable System during the six (6)-month period shall not be deemed to be a waiver, nor an extinguishment of; any rights of either City or Franchisee. Notwithstanding anything to the contrary set forth in this paragraph, neither City nor Franchisee shall be required to violate federal 10 18 or state law. The City reserves any legal right it has under applicable law to require a Franchisee to pay all costs and expenses incurred by the City in connection with the sale, assignment, or transfer of a Cable Franchise, including but not limited to, the City’s costs of reviewing the qualifications of any proposed transferees. 4.4 Transfer of Permit. All of the rights and privileges and all of the obligations, duties and liabilities created by this Permit shall pass to and be binding upon the successors of City and the successors and assigns of Franchisee and the same shall not be assigned or transferred without the written approval of the City Council, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that this Section shall not prevent the assignment or hypothecation of the Permit by Franchisee as security for debt without such approval; and provided further that transfers or assignments of this Permit between any parent and subsidiary corporation or between entities of which at least fifty percent (50%) of the beneficial ownership is held by the same person, persons, or entities which are controlled or managed by the same person, persons, or entities, shall be permitted without the prior approval of City (“intracompany transfers”). Franchisee shall notify City in writing within thirty (30) days of the closing of such intracompany transfer. SECTION 5. COMPLIANCE AND MONITORING 5.1 Books and Records. Franchisee agrees that City may review such of Franchisee’s books and records, during normal business hours and on a nondisruptive basis, as are reasonably necessary to monitor compliance with the financial terms hereof. Such records include, but are not limited to, any public records required to be kept by Franchisee pursuant to the rules and regulations of the FCC. Notwithstanding anything to the contrary set forth herein, Franchisee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. City agrees to treat any information disclosed to it by Franchisee as confidential, to the extent not prohibited by law, and to disclose it only to employees, representatives, and agents of City that have a need to know, or in order to enforce the provisions hereof. 5.2 Public, Educational, and Government Access Channels. Consistent with applicable law, Franchisee shall offer the following Access Channels to each of its Subscribers who receive all or any part of the Cable Services offered on the Cable System. With the exception of this requirement, Franchisee shall have no further responsibility for or obligations relating to Access Channels. The requirements of this Section 5.2 are in lieu of the provisions of Section 5.3.3 (Drops to Public Buildings) of the Ordinance. A. In accordance with Section 611 of the Cable Act (47 U.S.C. §531) and Minnesota Statutes, Section 238. 084, Subd 1, the Franchisee agrees to provide up to two (2) Access Channels to be designated solely for non-commercial public, educational and governmental (PEG) use (“PEG Access Channels”) as the Cable System is built out. B. As the Cable System is built out, a program origination signal input point shall be made available by Franchisee for live program origination at City Hall to enable program origination on the PEG Access Channel. 11 19  C. No charges may be assessed by Franchisee for Access Channel time or playback of pre-recorded programming on the PEG Access Channel. D. Access Equipment and Facilities. a. The City may require the Grantee to pay up to one percent (1%) per Subscriber, per month as a grant for the community's telecommunications-related capital needs. Such charge may be itemized as a "PEG Fee" and passed-through on Subscriber's bills. b. The City may adopt or modify the "PEG Fee," up to the amount provided in paragraph 5.2a above, by adopting a Resolution identifying the amount thereof. The City shall provide written notice of any modification or adoption of the PEG fee to Grantee within 90 days of the proposed effective change. An equivalent fee shall be required of all other franchised video service providers. c. The City, or its designee, may implement rules for use of any access channel(s). 5.3 Additional Requirements Regarding Access Channels. A. The PEG Access Channel will be provided to all Subscribers by Franchisee as a part of the Basic Cable Service. B. The PEG Access Channel will be made available by Franchisee for use by the City in accordance with the rules and procedures established by the City or any lawfully designated Person, group, organization, or agency authorized by the City for that purpose. C. The channel position of the PEG Access Channels shall not be changed without sixty (60) days notice to the City. D. Franchisee shall insure that all PEG Access Channels meet the technical standards of the FCC; provided, however, the Franchisee shall not be responsible for defects, flaws or other impairments in the programming delivered to the Franchisee. SECTION 6. INSURANCE, INDEMNIFICATION, AND BONDS OR OTHER SURETY 6.1 Insurance Requirements. Insurance shall comply with 5.17.4 of the Franchise Ordinance. (A) General liability insurance: 1. Bodily injury per Person $1,000,000 2. Bodily injury per occurrence $1,000,000 3. Property damage per occurrence $1,000,000 4. Property damage and bodily injury, aggregate $5,000,000 (B) Automobile insurance: 12 20  1. Bodily injury per Person $1,000,000 2. Bodily injury per occurrence $1,000,000 3. Property damage per occurrence $1,000,000 (C) Umbrella coverage: $1,000,000 (D) The liability policy will provide for the following, by endorsement or otherwise: 1. The policy will cover personal injury as well as bodily injury. 2. The policy will cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries, and property damage. 3. Broad form property damage liability will be afforded. 4. The City will be included as an additional insured on the policy. 5. The coverage is primary insurance, and no other insurance or fund of the City will be called upon to contribute to a loss under this coverage. 6. Standard form of cross-liability will be afforded. 7. The policy will not be canceled without thirty (30) days prior written notice of such cancellation to the City. 6.2 Indemnification. Franchisee agrees to indemnify, save and hold harmless, and defend City, its officers, boards and employees, from and against any liability for damages and for any liability or claims, in each case resulting from property damage or bodily injury (including accidental death) which arise out of Franchisee’s construction, operation or maintenance of its Cable System, including, but not limited to, reasonable attorneys’ fees and costs. 6.3 Bonds and other Surety. Except as expressly provided herein, Franchisee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the Permit or continuing its existence. City acknowledges that the legal, financial, and technical qualifications of Franchisee are sufficient to afford compliance with the terms of the Permit and the enforcement thereof. Franchisee and City recognize that the costs associated with bonds and other surety may ultimately be borne by the Subscribers in the form of increased rates for Cable Service or other service. In order to minimize such costs, City agrees to require bonds and other surety only in such amounts and during such times as there is a reasonably demonstrated need therefor. City agrees that in no event, however, shall it require a bond or other related surety in an aggregate amount greater than $100,000 conditioned upon the substantial performance of the material terms, covenants, and conditions of the Permit. Initially, no bond or other surety shall be required. In the event that one is required in the future, City agrees to give Franchisee at least sixty (60) days’ prior written notice thereof stating the exact reason for the requirement. Such reason must demonstrate a change in Franchisee’s legal, financial, or technical qualifications which would materially prohibit or impair its ability to comply with the terms of the Permit or afford compliance therewith. SECTION 7. EMERGENCY ALERT 7.1 Emergency Alert. Franchisee shall comply with the federal Emergency Alert System regulations (47 C.F.R. Part 11). 13 21 SECTION 8. MISCELLANEOUS PROVISIONS 8. 1 Preemption. If the FCC or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of the Permit, then, to the extent such jurisdiction shall preempt and supersede or preclude the exercise of the like jurisdiction by City, the jurisdiction of City shall cease and no longer exist. 8.2 Employment Requirements. Franchisee shall afford equal opportunity in employment to all qualified persons. No person shall be discriminated against in employment because of race, color, sex, religion, gender, national origin, age, familial status or disability. Franchisee shall maintain and carry out a continuing program of specific practices designed to assure equal opportunity in every aspect of its employment policies and practices. 8.3 Notice. Unless otherwise provided by federal, state or local law, all notices, reports or demands pursuant to this Permit shall be in writing and shall be deemed to be sufficiently given upon delivery to a Person at the address set forth below, or by U.S. certified mail, return receipt requested, or by nationally or internationally recognized courier service (such as Federal Express). If questioned, the party sending a notice shall have the burden to prove receipt or rejection. Rejected notices shall be deemed delivered. The parties may designate such other address or addresses from time to time by giving notice to the other in the manner provided for in this section. To City: City Clerk City of East Grand Forks, Minnesota 600 Demers Ave East Grand Forks, MN 56721 Email Copy to: Admin@EGF.mn To Bluepeak: Bluepeak 4600 S. Ulster St., Suite 1300 Denver, CO 80237 Attn: Legal Notices Email Copy to: Compliance.Team@myBluepeak.com 8.4 Descriptive Headings. The captions to Sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein. 8.5 Severability. If any Section, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, sentence, paragraph, term or provision hereof, all of which shall remain in full force and effect for the term of the Permit or any renewal or renewals thereof. 8.6 Force Majeure. Franchisee shall not be held in default under, or in noncompliance with, the provisions of the Permit, nor suffer any enforcement or penalty relating to noncompliance or 14 22 default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of Franchisee to control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other acts of God, strikes, work delays caused by failure of utility providers to service, maintain or monitor their utility poles to which Bluepeak’s Cable System is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary. 8.7 Modification. No provision of this Franchise Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the City and the Franchisee, which amendment shall be authorized on behalf of the City through the adoption of an appropriate resolution or order by the City, as required by applicable law. 8.8 Acceptance and Effective Date. A. Franchisee shall accept, in writing, this Franchise within thirty (30) days after approval by the City or within such additional time as may be approved by the City. This Franchise will be signed and accepted by Franchisee in accordance with the provisions of Section 12 of the Ordinance. B. This Franchise shall be effective upon the date of written acceptance by Franchisee, the Effective Date, and shall supersede any existing Franchise between City and Franchisee. IN WITNESS WHEREOF, the City and Franchisee have executed this Franchise on the date and year first above written. Voting Aye: Voting Nay: Absent: The President declared the Franchise Agreement passed and adopted this ___ Day of ____, 2025 CITY OF EAST GRAND FORKS, MINNESOTA ATTEST: _________________________________ City Administrator President of Council Date: I hereby approve the foregoing Agreement this ___ Day of _____, 2025. __________________________________________ Mayor 15 23  Acceptance by Permit Holder: Accepted this ______ day of _________, 2025, subject to applicable federal, state and local law. CLARITY TELECOM, LLC (D/B/A BLUEPEAK) By: ______________________________________ Name: ____________________________________ Title: ____________________________________ 16 24 STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me on _______________, 2025, by ________, the Mayor of the City of East Grand Forks, Minnesota on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me on _______________, 2025, by __________, the City Administrator of the City of East Grand Forks, Minnesota on behalf of the City. Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me on ______________ 2025, by ____________________, the __________ of _______________on behalf of the Franchisee. Notary Public 35197754_v6 17 25  AGENDA ITEM #_3______ Request for Council Action Date: September 23, 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 Purchase R 22 for VFW Memorial Arena Refrigeration System Background: On Wednesday, August 27th, while starting up the VFW Arena refrigeration system, a pipe in the rink floor ruptured, causing the system to lose most of its R22 refrigerant. Since then, City staff has been working to restore the facility to full operation. The rink floor has been repaired, pressure tested, vacuumed, and is now ready to be recharged with refrigerant. The estimated amount of R22 required to run the system is 4,000 pounds. We currently have 1,000 pounds available, meaning we need to purchase an additional 3,000 pounds. The lowest priced R22 we could find is $30.49 per pound from RHI Supply. After the season, the all R22 can be recovered and resold for $4 to $5 per pound. The VFW Arena is essential for our winter activity programs and plays a significant role in drawing visitors to our community, as well as contributing to the quality of life for our residents. On average, the arena is used for 8 hours a day, hosting a variety of activities, including Learn to Skate, synchronized skating practice, private figure skating lessons, recreational skating, and hockey practices and games. Without the VFW Arena, several key events could be canceled or moved to other arenas including: • Two United States Figure Skating test sessions • The Northern Star Figure Skating Competition • PeeWee AA North/South Challenge Tournament • Bantam AA North/South Challenge Tournament • PeeWee A District Tournaments • PeeWee B2 District Tournament • Bantam AA District Tournament -1- 26 There is risk associated with refilling the refrigeration system. A refrigeration system of this age has increased potential for additional failures after the R22 is added. To minimize this risk, we would not plan to immediately fully charge the system. Instead, we will take a tiered approach. We would begin by adding 1,000 pounds of R22 already owned by the City and verify that the system is operating correctly. If the system performs as expected, we will then continue add more refrigerant until we reach a suitable level. Any refrigerant that is not used will be returned to the distributor for credit. Budget Impact: The cost to purchase R22 refrigerant for the VFW Memorial Arena is $91,463.91 and would be allocated from the VFW Arena Repairs and Maintenance Budget. Funds within the existing Parks and Recreation Department budget can be reallocated to cover this expense as needed. Additionally, any reclaimed R22 at the end of the season would be returned for credit, providing a reimbursement back to the City. Recommendation: Purchase R22 from RHI Supply. Enclosure: RHI Supply Quote United Refrigeration Inc. Quote 2 27  PRICE QUOTE RHI Supply - Fargo 345 19th Street North Phone 701-232-7070 701-232-7070 Fax 701-293-9043 Fargo, ND 58102 Page 1 Printed 09/18/25 TAO Quoted Ship To MN CASH SALE CONTRACTOR MN CASH SALE CONTRACTOR DEALER PRICE MN DEALER PRICE MN Quote # Quote Date Exp Date Customer # Customer P/O # Ship Via Writer Q277725 09/18/2025 10/18/2025 0004705 CITY OF EGF - IC DROPSHIP TAO Job ID Customer Terms Salesman Point of Sale RHI Supply Product Description UM Quant Unit Price Extension ********************************** * CURRENT RATE ON PURE R22 GOING * * BACK TO BE FACTORY TO BE * * RECYCLED - $4-5$ * * * * ***CAN CHANGE AT ANY TIME*** * ********************************** DUP R-22 R-22 Refrigerant (30#) CY 100 914.6341 91463.41 Cylinder Sub Total $91,463.41 Freight $0.00 T o t a l X:__________________________________________ Road Improve $0.50 (Accepted by) Tax Amount $0.00 $91,463.91 MESSAGE TERMS *All quotes are good for 30 days unless specified, *Special ordered items returned may be subject to quotes on commodities such as refrigerant and a restock/return fee. copper are subject to change at any time. **Special ordered items or complete jobs may be invoiced if not picked up within 45 days. 28  QUOTE Order # 15365505-00 Terms ** COD ** Customer P/O E. GRAND FORKS, JEREMY Bill To: 998609 Ship To Branch: COD Tax Exempt 0 RALPH ENGELSTAD ARENA United Refrigeration Inc. Philadelphia, PA 19154 ONE RALPH ENGELSTAD DR. 12 N. 12th Street GRAND FORKS, ND 58203 Fargo, ND 58102 (701)237-0330 FAX#: (701)237-0334 branchZ5@uri.com Cust#: 998609 Order Date: 09/18/25 Whse: 0Z5 Taken By: DN Sales out: CORP Special Instructions: Ref: Product Quantity Quantity Quantity Qty. Unit Amount Ln# And Description Ordered B.O. Shipped UM Price (Net) EPA Certificate #: 089201144 ************************************************************ YOU MUST FILL IN THE NAME AND ADDRESS OF CUSTOMER IN THE HEADER IN THE SHIP TO FIELD!!!! ************************************************************ 1 30R22 R-22 REFRIGERANT 30LB CYLINDER 100 ********* HAZARDOUS MATERIAL ********* 1 Lines Total QUOTE ea 990.00 Total Freight Out 99000.00 99000.00 900.00 Invoice Total 99900.00 ** NOT AN INVOICE OR RECEIPT ** ** This Quote Will Expire On: 09/19/25 ** Quotations are based on the information provided to us which may or may not have been complete. Customer is responsible for reviewing this quotation for exclusions, deviations and any improper information supplied to us. **************Subject to Credit Approval******************** 29conditions of sale which can be found at www.uri.com/termsofsale All sales are covered by United Refrigeration Inc's standard terms and Page 1 of 1  AGENDA ITEM #__4_____ Request for Council Action Date: 9/12/25 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: Regional Information on Engine Brake Ordinances The discussion started at the September 9th Work Session regarding whether an engine brake ordinance should be enacted. The request was made to see if other cities in the region had this in place. The cities of Crookston, Bemidji, Thief River Falls, Moorhead, and Detroit Lakes were all asked if they had an engine brake ordinance in place. The cities of Bemidji and Moorhead do not but Crookston, Thief River Falls, and Detroit Lakes do have an ordinance in place. Staff is looking for direction on how the Council would like to move forward on this item. City of Crookston 94.18.D.2.C: Exhaust and Muffler No person shall operate or permit the operation of a motor vehicle upon a street, highway or alley in the City with an engine the exhaust system of which has been altered, modified or repaired, including the use of an engine retarding (Jake Brake) or a muffler or resonant kit, such that the noise emitted by the engines exhaust system is increased to make loud explosive noises or unusual noise which either annoys, disturbs or affects the comfort, repose, health, or peace of others. City of Thief River Falls 91.18 #22 – Public Nuisances Affecting Peace and Safety The following are declared to be nuisances affecting public peace and safety: Engine braking. The use of a compression engine brake device in non-emergency situations to slow the speed of an internal combustion engine powered motor vehicle on city streets or highways without an exhaust muffler in good working order or other device that is effective in preventing loud engine roaring, staccato popping or growling resulting from the use of the compression engine brake. -1- 30 City of Detroit Lakes Chapter 800 of the Detroit Lakes City Code is hereby amended to add Section 801.12, to read as follows: 801.12 Engine Brakes. Subd. 1. Definition. Compression release engine brakes shall include any engine retarding brake system which alters the normal compression of the engine of a motor vehicle, thereby converting the engine into an air compressor for the purposes of braking without the use of wheel brakes. Subd. 2. Prohibited Conduct. It shall be unlawful for the driver of any motor vehicle to intentionally use compression release engine brakes on a public road, highway, street, parking lot or alley located within the City of Detroit Lakes, except in an emergency. Subd. 3. Signage. Appropriate signage shall be erected at locations within the City as deemed necessary by the Chief of Police to advise motor vehicle drivers of this prohibition. Subd. 4. Violations and Penalty. A person who engages in the prohibited conduct shall be guilty of a misdemeanor and is subject to punishment up to the maximum penalty for misdemeanor violations allowed by the State of Minnesota. Each time a person engages in the prohibited conduct shall be considered a separate offense. Subd. 5. Administrative Penalty. This section of the Detroit Lakes City Code may be enforced through the City of Detroit Lakes Administrative Penalty procedures set forth in Chapter 214 of the City Code. Subd. 6. Exception. This ordinance does not apply to emergency personnel utilizing an emergency vehicle. Subd. 7. Effective Date. This ordinance shall be effective upon its second reading, passage and publication. 2 31  AGENDA ITEM #__5_____ Request for Council Action Date: 9/17/25 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: Received Request for Mobile Sauna Services The Administration Office has been contacted by a person that would like to offer mobile sauna services to residents, they have already started their business in Grand Forks, they are looking to expand and want to be able to offer services in East Grand Forks. Currently saunas are included under Chapter 114 Massage Parlor under Business Regulations in the city code. It references a room or rooms used, not for a mobile business. We currently do not allow for a massage parlor to be mobile, the City issues a license for a premises. With this being under massage, a sauna business would be charged $200 per year to operate within the city limits unless the Council would like to make a change to the fee. Staff is looking for direction from the Council if mobile saunas should be added to the code, if sauna should be in its own section of the code, or if the sauna section should be repealed and there would no longer be a requirement for a business license. I did find that mobile sauna services were allowed in the City of Minneapolis and have included their ordinance for mobile and permanent sauna establishments. I also checked with the Department of Health, they license pools, but they do not inspect or license saunas. Enclosures: Minneapolis Code of Ordinance Chapter 333 Sauna Establishments East Grand Forks Chapter 114 Massage Parlors -1- 32 33 34 35 36 37 38 39 40  AGENDA # _6_______ Request for Council Action Date: Sept. 23, 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: Reid Huttunen, City Administrator & Mike Hedlund, Chief of Police RE: Lieutenant position within the Police Department Background: Prior to the September 2nd City Council meeting, it was requested that we pause on the approval of filling the Lt. position within the Police Department to better understand the budget impact of filling the Lieutenant role and structure of the department. Included in RCA is a copy of the Lt. Job Description as well as the Police Departments Organizational Chart and an example Org. Chart if the department doesn’t fill the Lt. position. A budget summary of the impact of filling the Lt. position or leaving the position vacant will be provided at the Work Session. Budget Impact: The City’s Cable Franchise Ordinance calls for a 5% of gross earnings of franchise fee eligible revenues. Recommendation: Seeking discussion and direction on the filling of the Police Dept. Lt. position. Enclosures: Lt. Job Description Police Department Organization Charts 41 42 43 44  EAST GRAND FORKS POLICE DEPARTMENT – ORGANIZATIONAL CHART September 28, 2025 Chief Michael Hedlund Admin. Assistants Investigations Patrol A Shift - Sgt. Chris B Shift - Sgt. Tony C Shift - Sgt. Jared D Shift - Sgt. Greg Alyssa Hammen Lt. - Open Olson Hart Quanrud Gahlon Det. Sgt. Aeisso Ashley Ruit Schrage (Task Force Cpl. Justin Roue Cpl. Ryan Douglas Cpl. Nick Korynta Cpl. Jake Schiller Commander) Cpl. Nick Det. - Task Force Off. Vanessa Off. Cole Hodny Gunderson - School Off. Parker Knaack Officer Richter Resource Officer Off. Lance Kallinen Off. Tyler Hajicek Off. Michael Krause Off. Alec Hesse In Training Off. Emily Barth Off. John Grabanski Off. Herman Gray Open 45  EAST GRAND FORKS POLICE DEPARTMENT – ORGANIZATIONAL CHART Draft – If the Lieutenant Position is Eliminated Chief Michael Hedlund Admin. Assistants Investigations Patrol Det. Sgt. Aeisso A Shift - Sgt. Chris B Shift - Sgt. Tony C Shift - Sgt. Jared D Shift - Sgt. Greg Alyssa Hammen Schrage Olson Hart Quanrud Gahlon Det. Task Force Ashley Ruit Cpl. Justin Roue Cpl. Ryan Douglas Cpl. Nick Korynta Cpl. Jake Schiller Officer Cpl. Nick Off. Vanessa Det. - Open Off. Cole Hodny Gunderson - School Off. Parker Knaack Richter Resource Officer Off. Lance Kallinen Off. Tyler Hajicek Off. Michael Krause Off. Alec Hesse In Training Off. Emily Barth Off. John Grabanski Off. Herman Gray Open 46  AGENDA # _7_______ Request for Council Action Date: Sept. 23, 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: Reid Huttunen, City Administrator RE: Interest in Sale or Lease of Decommissioned Wastewater Pond property Background: The City has recently been approached about the potential sale or lease of the decommissioned Wastewater ponds. Attached with the RCA is a copy of the City’s adopted policy on the Sale or Lese of City-owned property that guides the process of reviewing available/surplus property owned by the City. The decommissioned wastewater ponds include a tract of approximately 303.88 acres of tillable land, as shown in the attached Certificate of Survey. If the City desires to sell or lease the property, the policy recommends that the property be noticed in the local newspaper and other appropriate advertising mediums that the surplus property is available for sale or lease and is inviting bids. The bid process can include a Request for Proposals (RFP) in which interested parties would submit a sealed bid along with an answer to the RFP that would describe how the interested party intends to use or develop the property. The RFP responses could then be reviewed and evaluated by staff and commissions before being brought to City Council for consideration. Budget Impact: Budget impact is uncertain at this time, pending desire to sell or lease and anticipated land values of each. Recommendation: Seeking discussion and direction from the City Council on the decision to consider the Decommissioned wastewater pond site as surplus and request for proposals and sealed bids on the property. Enclosures: Policy on Sale, Lease or Option of City-Owned Land Certificate of Survey of the tract making up the Decommissioned wastewater ponds. 47 48 49 50 51 52 53 54 55 56 57  EXHIBIT A CERTIFICATE OF SURVEY TRACTS IN SECTIONS 15 & 22, TOWNSHIP 152 N. RANGE 50 W. EAST GRAND FORKS, POLK COUNTY, MINNESOTA EXISTING TRACT ±41.12 ACRES NO RTH THE DESCRIBED TRACT OF ±303.88 ACRES VE R RI D RE RETAINED PARCEL ±60.00 ACRES 0 500 1000 ORIENTATION OF THIS BEARING SYSTEM IS BASED ON NORTH DAKOTA STATE PLANE COORDINATE DATUM (CURRENT CITY OF EAST GRAND FORKS DATUM) SCALE ( IN FEET ) SHEET 1 OF 2 © 2023 WIDSETH SMITH NOLTING & ASSOCIATES, INC. DATE: JULY 28, 2023 DATE AMENDMENTS BY PREPARED FOR: CITY OF EAST GRAND FORKS, MINNESOTA AS SHOWN 9/1/23 REVISE DESCRIBED TRACT BOUNDARY C.D.J. I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY SCALE: ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED DRAWN BY: C.D.J. ADD RETAINED CITY OF EGF TRACT LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED BY: C.W.M. 9/6/23 ADD EXISTING TRACT IN SECTION 15-152-50 C.D.J. FILE NUMBER: 2023-10061 COURTNEY W. MOORE DATE: 7/28/2023 LIC. NO. 57083 58