COUNCIL PROCEEDINGS JULY 7, 2015 The City Council of Thief River Falls, Minnesota, met in regular session at 5:30 p.m. on July 7, 2015 in the Council Chambers of City Hall. The following Councilmembers were present: Holmer, Hagen, Howe, Narverud, Schmalz, Sollom, Prudhomme and Brown. No Councilmembers were absent. Holmer chaired the meeting. APPROVAL OF AGENDA Councilmember Schmalz motioned, being seconded by Councilmember Howe, to approve the agenda with the addition of Water Chemical Bids. On vote being taken, the motion was unanimously approved. RESOLUTION NO. 7-148-15: APPROVAL OF COUNCIL PROCEEDINGS 148-15, being seconded by Councilmember Howe, that: RESOLVED, by the City Council, to approve June 16, 2015 Council Proceedings. On vote being taken, the motion was unanimously approved. RESOLUTION NO. 7-149-15: APPROVAL OF PAYMENT OF BILLS 149-15, being seconded by Councilmember Howe, that: RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of $1,868,023.74. A printout of the approved payments and disbursements is attached hereto and made a part hereof. On vote being taken, the motion was unanimously approved. RESOLUTION NO. 7-150-15: APPROVAL OF THIEF RIVER FALLS TAKEDOWN CLUB PREMISES PERMIT APPLICATION FOR GAMBLING LICENSE AT QUALITY INN/SUNDANCE DINING AND AT THE RUSTY NAIL 150-15, being seconded by Councilmember Howe, that: RESOLVED, by the City Council, to approve two Thief River Falls TakeDown Club Premises Permit Applications for gambling activities (pulltabs) at the Quality Inn/Sundance Dining and at the Rusty Nail. It should be noted that the State of Minnesota will be the licensing agent. The State of Minnesota requires that the City of Thief River Falls approve the application prior to its submittal to the State of Minnesota for licensing approval.
Page 2 of 9 RESOLUTION NO. 7-151-15: APPROVAL OF EMPLOYMENT OF RONALD LUND AS POWER PLANT OPERATOR/ELECTRONIC TECHNICIAN 151-15, being seconded by Councilmember Howe, that: RESOLVED, by the City Council, to approve the employment of Ronald Lund as a Power Plant Operator/Electronic Technician in the Electric Department. Mr. Lund shall be placed at Step 4 of the Power Plant Operator/Electronic Technician salary schedule, effective July 20, 2015 for a starting salary of $21.01 per hour. Employment is contingent upon passage of all required background evaluations and six-month probation as required by Teamster Union contract. RESOLUTION NO. 7-152-15: APPROVAL OF LOW BIDS FOR WATER TREATMENT CHEMICALS 152-15, being seconded by Councilmember Howe, that: WHEREAS, the following low bids were received for the purchase of Water Treatment Plant chemicals: Ferric Sulfate: Hawkins $882.00/ton $145,430.00 TOTAL BID Sodium Tripolyphosphate: Shannon Chemical Corp $2,197.97/ton $3,846.45 TOTAL BID Chlorine: DPC Industries $1,168.00/ton $8,760.00 TOTAL BID CO2: Poet Ethenol $195.00/ton $17,940.00 TOTAL BID Hydroflouric Acid: Hawkins $3.845/gallon $5,383.00 TOTAL BID Anhydrous Amonia: Hawkins $1.728/pound 4,665.60 TOTAL BID Anionic Polyacrylamide Flocculant: Freemont Industries $1.40/pound $3,500.00 TOTAL BID Powdered Activated Carbon:
Page 3 of 9 Carbon Activated Corp $0.604pound $81,540.00 TOTAL BID Potassium Permanganate: Hawkins $1.7275/pound $29,367.50 TOTAL BID Pebble Quicklime: Graymont $256.00/ton $81,920.00 TOTAL BID THEREFORE, BE IT RESOLVED, that the City Council, hereby accepts the low bids for the purchase of the Water Treatment Plant chemicals as listed above. Electric Superintendent, Dale Narlock, introduced two new employees. Darrin Larson, Lineman and Ronald Lund, Power Plant Operator/Electronic Technician. RESOLUTION NO. 7-153-15: APPROVAL OF ORDINANCE NO. 78, 3 RD SERIES, OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING STRUCTURE HEIGHTS IN RESIDENTIAL DISTRICTS, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 152.998, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS Councilmember Howe motioned, being seconded by Councilmember Sollom, to call for the second reading of an ordinance that will amend City Code Chapter 152 Entitled "Zoning Code" by Amending Structure Heights in Residential Districts, and by Adopting by Reference City Code Chapter 10 and Section 152.998, which, among other things, Contain Penalty Provisions. The motion was unanimously carried. City Attorney Ihle read the proposed ordinance. Following the reading, Councilmember Sollom introduced Resolution No. 7-153-15, being seconded by Councilmember Hagen, that: THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS: read: Section 1. City code Section 152.028(A) entitled Structure height is hereby amended to (A) Structure height. Structures within shoreland shall be limited to 30 feet in height. Structures outside of shoreland shall be limited to 25 feet in height at the lowest point of egress for persons on the top floor of the structure and in no case, more than 47 feet in height at the structure peak. A Conditional Use Permit may be requested to exceed the above height limitations provided that: (1) The Fire Chief and Building Official have approved;
Page 4 of 9 (2) The height of the structure will not destroy the scenic view, will not shut off light or air to surrounding properties, or otherwise be detrimental to the public; and (3) Structures over the above 30 foot or 25 foot height limitations shall provide an additional 5 feet of side yard for each 5 feet in height over the above 30 foot or 25 foot height limitations, respectively. Section 2. City Code Chapter 10 entitled "General Provisions and Section 152.998 entitled "Violation are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall be in force and effect from and after its passage, approval, and publication. RESOLUTION NO. 7-154-15: APPROVAL OF ORDINANCE NO. 79, 3 RD SERIES, OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING THE CITY ZONING DISTRICTS MAP, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 152.998, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS Councilmember Schmalz motioned, being seconded by Councilmember Hagen, to call for the second reading of an ordinance that will amend City Code Chapter 152 Entitled "Zoning Code" by Amending the City Zoning Districts Map, and by Adopting by Reference City Code Chapter 10 and Section 152.998, which, among other things, Contain Penalty Provisions. The motion was unanimously carried. City Attorney Ihle read the proposed ordinance. Following the reading, Councilmember Narverud introduced Resolution No. 7-154-15, being seconded by Councilmember Sollom, that: THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS: Section 1. The City Zoning Districts Map is hereby amended by changing the zoning designation of the following described real property from Agricultural District (AG) to Suburban Residential District (R-1): Lots One (1) and Two (2) of Block Four (4) of Nelson s First Addition to Thief River Falls, Minnesota. Section 2. The City Zoning Districts Map is hereby amended by changing the zoning designation of the following described real property from Agricultural District (AG) to General Residential District (R-2):
Page 5 of 9 That part of Government Lots Eight (8) and Nine (9) of Section Thirty-five (35), Township One Hundred Fifty-four (154) North of Range Forty-three (43) West of the Fifth Principal Meridian bounded as follows: AND Beginning at the Southwest corner of Lot 1, Block 4, Nelson s First Addition to Thief River Falls, Minnesota; thence N 86 31 55 W along the North line of Greenwood Street a distance of 744.76 ; thence N 24 54 49 E a distance of 613.5 to the southerly line of Nelson Drive; thence Southeasterly along said Southerly line to the Northwest corner of Lot 2 of said Block 4; thence S 03 28 05 W a distance of 233.555 to the point of beginning; That part of Government Lot Nine (9), Section Thirty-five (35), Township One Hundred Fifty-four (154) North of Range Forty-three (43) West of the Fifth Principal Meridian bounded as follows: Commencing at the Southwest corner of Lot 1 of Block 4 of Nelson s First Addition to Thief River Falls, Minnesota, also being on the North line of Greenwood Street; thence N 86 31 55 W along the North line of Greenwood Street extended 744.76 feet to the Southeast corner of Lot 1 of Block 1 of Barnick s Second Addition; thence N 24 54 49 E along the Easterly line of said Block 1 a distance of 220 feet to the point of beginning; thence N 41 46 11 W along the Northeasterly line of said Block 1 a distance of 435.75 feet; thence N 48 13 49 E to the Southerly line of Nelson Drive; thence Southeasterly along said Southerly line to a point; thence S 24 54 49 W to the point of beginning; Section 3. City Code Chapter 10 entitled "General Provisions and Section 152.998 entitled "Violation are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall be in force and effect from and after its passage, approval, and publication. RESOLUTION NO. 7-155-15: APPROVAL TO RESCIND MOTION AND SET DATE FOR A PUBLIC HEARING ON PROPOSED PROPERTY TAX ABATEMENTS FOR THE WEST RIVER FALLS ESTATES HOUSING DEVELOPMENT Councilmember Hagen introduced Resolution No. 7-155-15, being seconded by Councilmember Prudhomme to rescind a previous motion of August 4, 2015 hearing date and that;
Page 6 of 9 WHEREAS, Minnesota Statutes, Sections 469.1812 through 469.1815, both inclusive (the "Act"), authorize the City of Thief River Falls, Minnesota (the "City"), upon satisfaction of certain conditions, to grant an abatement of all or a part of the taxes levied by the City on certain property; and WHEREAS, the City had received funding through the State Workforce Housing Pilot Program with a local share requirement of $400,000 to be split between the City, Pennington County and School District No. 564 based on a proportional tax split to leverage an additional $400,000 of State grant dollars; WHEREAS, after DW Jones ( the Developer ) completed the plans and bid the project with State required prevailing wage rates, it was identified that the State grant would not cover the additional labor compliance expenses; WHEREAS, the Developer has agreed to complete the project for $800,000 in assistance and not utilize the Pilot Program funding; WHEREAS, the City has received a request from DW Jones that the City grant an abatement of all of the property taxes on two parcels of land and the construction of 104 units of market rate rental housing. The parcels are currently owned by the City and to be acquired by the Developer. The project is located on Lot 1 and Lot 2, Block 1 in the City of Thief River Falls; WHEREAS, the Act requires the City to hold a public hearing prior to adoption of a resolution granting any property tax abatements: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thief River Falls, Minnesota, as follows: i) Hearing. A public hearing on the consideration of granting a property tax abatement to the Developer as requested will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A and hereby made a part hereof. ii) Notice. The City Clerk is hereby authorized and directed to cause notice of said hearing in substantially the form attached hereto as Exhibit A to be given one publication in a newspaper of general circulation in the City at least 10 days but not more than 30 days before the hearing. The newspaper must be one of general interest and readership in the City, and must be published at least once per week. Exhibit A CITY OF THIEF RIVER FALLS, MINNESOTA NOTICE OF PUBLIC HEARING REGARDING PROPOSED PROPERTY TAX ABATEMENTS FOR THE WEST RIVER FALLS ESTATES HOUSING DEVELOPMENT
Page 7 of 9 NOTICE IS HEREBY GIVEN that the City Council of the City of Thief River Falls, Minnesota, will hold a public hearing at a meeting of the Council beginning at 5:00 p.m., C.T., on August 3, 2015, to be held in the City Council Chambers located at 405 Third Street East in Thief River Falls, Minnesota, on the request of DW Jones (the "Developer") to have the City abate to the Developer all of the property taxes to be levied by the City on Lot 1 and Lot 2, Block 1 in the City of Thief River Falls. The total amount of the taxes proposed to be abated by the City 8 years is estimated to be up to $290,000 with a present value of $234,000. It is estimated that total abatement, if other taxing entities participate in the assistance, will not exceed $800,000 over the 8 year term. Actual abatement will be tied to the value of the completed project. The City Council will consider granting property tax abatement in response of the request. All interested persons may appear at the August 3, 2015, public hearing and present their views orally or in writing. Anyone needing reasonable accommodations or an interpreter should contact the City Clerk s office at City Hall, telephone 218-681-2943. RESOLUTION NO. 7-156-15: APPROVAL TO RESCIND MOTION AND CALL FOR PUBLIC HEARING TO CONSIDER REVISIONS AND EXTENSION OF CURRENT RESIDENTIAL TAX ABATEMENT PROGRAM Councilmember Schmalz introduced Resolution No. 7-156-15, being seconded by Councilmember Narverud to rescind a previous motion of August 4, 2015 hearing date and that; WHEREAS, Minnesota Statutes, Sections 469.1812 through 469.1815, both inclusive (the "Act"), authorize the City of Thief River Falls, Minnesota (the "City"), upon satisfaction of certain conditions, to grant an abatement of all or a part of the taxes levied by the City on certain property; and WHEREAS, IN August 2011, the City, Pennington County and School District 564 established a tax abatement program in response to a request for relief in establishing new plats, new lot developments and new homes in the City of Thief River Falls; WHEREAS, the tax abatement program will expire on December 31, 2015; WHEREAS, it is proposed that the tax abatement program be replaced with the Revised Tax Abatement Program (the Program ) attached hereto as Exhibit A and hereby made a part hereof; WHEREAS, THE Revised Tax Abatement Program allows for any residential property within the City of Thief River Falls meeting the requirements of the Program to apply for tax abatement assistance; WHEREAS, Minnesota Statutes, Section 469.1813, Subd. 8 provides for in any year, the total amount of property taxes abated by a political subdivision my not exceed the greater of ten
Page 8 of 9 percent of the net tax capacity of the political subdivision for the taxes payable year to which the abatement applies or $200,000, whichever is greater; WHEREAS, the Act requires the City to hold a public hearing prior to adoption of a resolution granting any property tax abatements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thief River Falls, Minnesota, as follows: i) Hearing. A public hearing on the consideration of establishing the Revised Tax Abatement Program will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit B and hereby made a part hereof. ii) Notice. The City Clerk is hereby authorized and directed to cause notice of said hearing in substantially the form attached hereto as Exhibit B to be given one publication in a newspaper of general circulation in the City at least 10 days but not more than 30 days before the hearing. The newspaper must be one of general interest and readership in the City, and must be published at least once per week. Exhibit B CITY OF THIEF RIVER FALLS, MINNESOTA NOTICE OF PUBLIC HEARING TO ESTABLISH THE REVISED TAX ABATEMENT PROGRAM FOR NEW HOMES IN THE CITY OF THIEF RIVER FALLS NOTICE IS HEREBY GIVEN that the City Council of the City of Thief River Falls, Minnesota, will hold a public hearing at a meeting of the Council beginning at 5:00 p.m., C.T., on August 3, 2015, to be held in the City Council Chambers located at 405 Third Street East in Thief River Falls, Minnesota, to establish the Revised Tax Abatement Program for new homes in the City of Thief River Falls. The Revised Tax Abatement Program allows for any residential property within the City of Thief River Falls meeting the requirements of the Program to apply for tax abatement assistance. In any year, the total amount of property taxes abated by the City may not exceed the greater of ten percent of the net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The Revised Tax Abatement Program would be effective July 1, 2015, and terminate on December 31, 2020. A copy of the Revised Tax Abatement Program is on file for review at City Hall. All interested persons may appear at the August 3, 2015, public hearing and present their views orally or in writing. Anyone needing reasonable accommodations or an interpreter should contact the City Clerk s office at City Hall, telephone 218-681-2943.
Page 9 of 9 RESOLUTION NO. 7-157-15: APPROVAL OF TAXI LICENSE TO RANDALL ANENSON, DBA NORTHLAND TAXI Presented as part of the Consent Agenda and moved to the regular agenda, Councilmember Brown introduced Resolution No. 7-157-15, being seconded by Councilmember Narverud, that: RESOLVED, by the City Council, to approve a Taxi License to Randall Anenson, DBA Northland Taxi, effective June 25, 2015 through December 31, 2015. Approval is contingent upon the City receiving the required applications, fees, certificate of insurance and vehicle checks. UPCOMING MEETINGS/EVENTS Utilities Committee Meeting July 13 th at 7:00 a.m. Parks & Recreation/Public Safety Committee Meeting July 14 th at 4:30 p.m. Public Works Committee Meeting July 14 th at 7:00 p.m. Administrative Services Committee Meeting July 16 th at 7:00 a.m. City Council Meeting July 21 st at 5:30 p.m. ADJOURNMENT There being no further discussion, Councilmember Sollom moved, being seconded by Councilmember Narverud to adjourn at 7:00 p.m. On vote being taken, the Chair declared the motion unanimously carried. Brian D. Holmer, Mayor Attest: Larry Kruse, City Administrator