AGENDA OF THE CITY COUNCIL WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, OCTOBER 24, 2017 5:00 PM CALL TO ORDER: CALL OF ROLL: DETERMINATION OF A QUORUM: SWEARING IN OF OFFICER TASCHUK: 1. Consider Awarding the Wastewater Pond Decommissioning Project Steve Emery 2. Request to Apply for Local Road Improvement Funding Steve Emery 3. Discussion on the Coulee View Addition Development Ron Galstad 4. Discussion on Proposed Garage/Rummage Sale Ordinance Megan Nelson/Ron Galstad 5. Request for Winter Equipment Lease Jason Stordahl 6. Request to Purchase Used Unmarked Police Vehicles Mike Hedlund 7. Discussion on New Construction Incentive Program Paul Gorte 8. Park & Recreation Staff Organization Plan Reid Huttunen 9. Severe Weather Policy Amendment David Murphy ADJOURN: Upcoming Meetings Special Council Meeting Monday, October 30, 2017 5:00 PM Council Chambers Closed Council Meeting Monday, October 30, 2017 Following Special Meeting Training Room Regular Council Meeting Tuesday, November 7, 2017 5:00 PM Council Chambers Work Session Tuesday, November 14, 2017 5:00 PM Training Room
AGENDA ITEM # Request for Council Action Date September 21, 2017 To: Cc: From: RE: East Grand Forks City Council, Mayor Steve Gander, President Mark Olstad, Council Vice President Chad Grassel, Council Members: Clarence Vetter, Henry Tweten, Marc Demers, Tim Riopelle and Mike Pokrzywinski. File Steve Emery, P.E. Award of Bids 2016 City Project No. 1 Wastewater Pond Decommissioning Background: Two (2) bids were received on September 20, 2017 for the Wastewater Pond Decommissioning Project. The project was bid as a Lump Sum (LS) and therefore we have spent a fair amount of time reviewing the bids and the Biosolids Dewatering Management Plan that was required to be submitted with the bid. WSN has discussed the project requirements with the apparent low bidder to assure they are clear on the scope of work including conversations with the general contractors Type IV Certified Operator in regards to the requirements in handling and testing of the bio-solids over the duration of the project. WSN also discussed with the General Contractor the requirements of having an approved Storm Water Pollution Prevention Plan (SWPPP). WSN has also had further review with the Minnesota Pollution Control Agency (MPCA) on the results from the 30 composite samples of biosolids that were taken by WSN in January 2017 and the requirements from Chapter 10 of the MPCA Land Application of Biosolids and the Maximum Allowable Nitrogen Application Rates (MANA) in order to assure all of the biosolids would be able to land applied on site over the 2 year contract period. The following is the proposed Budget for the project based on as-bid costs: Proposed Budget Construction $4,419,300.00 Plans / Specs (8%) $ 353,544.00 Staking / Inspection (6%) $ 265,158.00 Contingencies (5%) $ 220,965.00 Administration / Legal (3%) $ 132,579.00 Total Project Cost $5,391,546.00 2
Proposed Funding Grant (Bonding Bill) $5,300,000.00 PFA (Loan) $ 91,546.00 Total Project Cost $5,391,546.00 Recommendation: Upon our review with the General Contractor and his Type IV Certified Operator we recommend awarding the bid to Burski Excavating in the amount of $4,419,300.00 Enclosures: Bid Tabulation 3
2016 City Project No. 1 Wastewater Pond Decommissioning East Grand Forks, Mn. Burski Excavating R.J. Zavoral & Sons ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BID LS 1 $ 4,419,300.00 $ 4,419,300.00 $ 4,877,903.00 $ 4,877,903.00 4
AGENDA ITEM # Request for Council Action Date: October 19, 2017 To: Cc: From: RE: East Grand Forks City Council, Mayor Steve Gander, President Mark Olstad, Council Vice President Chad Grassel, Council Members: Clarence Vetter, Henry Tweten, Marc Demers, Tim Riopelle and Mike Pokrzywinski. File Steve Emery, P.E. Solicitation for Local Road Improvement Program (LRIP) Funding. Background: MNDOT is accepting applications for the Local Road Improvement Program (LRIP) until November 3, 2017 for State Aid Cities. This program will provide funding for construction costs up to a maximum request amount of $1,000,000.00. This program will not fund Engineering related costs nor any right of way costs. The solicitation is for construction years 2018 2020. This program if so desired could be utilized as a funding source for the Roundabout Construction on Bygland Road and Rhinehart Drive. With the application a Resolution from the City will be required. In discussion with Megan she would prepare a resolution that could be approved by the City Council at the Special Meeting on October 30, 2017. Also, if we can solicit letters of support from any public / private entities impacted by the improvement it will only strengthen our application. Recommendation: If the City wishes to pursue funding, have Megan prepare a Resolution for council approval and authorize WSN to complete the application. Enclosures: None. 5
AGENDA ITEM # Request for Council Action Date: 10/19/17 To: Cc: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Mike Pokrzywinski, Tim Riopelle, Henry Tweten, and Marc DeMers. File From: Megan Nelson & Ron Galstad RE: Updated Garage/Rummage Sale Ordinance Based on the recommendations from the Council staff has updated the proposed garage/rummage sale ordinance. Staff is asking if there are any other recommendations from Council and if this should be moved on to the next council meeting for a first reading. Enclosures the updated ordinance. - 1-6
ORDINANCE NO. 4th SERIES AN ORDINANCE OF THE CITY OF EAST GRAND FORKS, MINNESOTA, AMENDING CITY CODE TITLE XI: BUSINESS REGULATIONS, CHAPTER 110 ENTITLED "GENERAL BUSINESS LICENSING AND REGULATIONS" BY ADDING SECTION 110.36 ENTITLED GARAGE OR RUMMAGE SALE AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 GENERAL PROVISIONS AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF EAST GRAND FORKS ORDAINS: Section 1. That Section 110.36 of the City Code is adopted and added to the City Code to read as follows, to wit: 110.36 GARAGE OR RUMMAGE SALE. (A) Definition. GARAGE OR RUMMAGE SALE. Any display and sale of personal property, conducted on premises located in any Residentially Zoned District by the occupant and which garage or rummage sales does not require a business license or make taxable sales, leases, or services. (B) Restrictions and Prohibitions. (1) None of the items offered for sale shall have been obtained for resale or received on consignment for sale. (2) Any garage or rummage sales (community or neighborhood sale) shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale. (3) There shall be no more than three garage or rummage sales conducted at any one premises during any period of 12 calendar months running from January to December. (4) No garage or rummage sale shall be conducted more than three consecutive days. (5) There shall be no more than two consecutive sales with a 45 day separation between all others. ( Example: A garage or rummage sale may be held for two consecutive weekends but would then need a 45 day separation period for the third sale during any 12 month period.) (6) No garage or rummage sale may be conducted before 8:00am or after 8:00pm. (7) Any related signage shall be limited to the premises and to other residential property, provided permission from the property owner is obtained, and shall be removed at the termination of the sale. Signs shall be limited to four square feet. 7
(C) Exceptions. This chapter shall not apply to any sale under court order, nor to any bona fide auction sale, nor to a sale of farm or garden products by the person producing the same. (D) Penalty. It is unlawful for any person to conduct a garage or rummage sale in violation of any of the provisions of this chapter and upon conviction shall be punished as for a misdemeanor as provided under Section 10.99 of the City Code. Additionally, any violation may be subject to an Administrative Penalty which shall result in a fine not exceeding $300.00 fine for each violation. Section 2. City Code Chapter 10 entitled " General Provisions applicable to entire City Code and Section 10.99 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from and after its passage and publication and be given the Number, 4th Series. VOTING AYE: VOTING NAY: ABSENT: The President declared the Ordinance passed. ATTEST: PASSED:, 2017 City Administrator President of Council I hereby approve the foregoing Ordinance this day of, 2017. Mayor 8
AGENDA ITEM # Request for Council Action Date: 10-18-2017 To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Mike Pokrzywinski, Tim Riopelle, Henry Tweten, and Marc DeMers. Cc: File From: Jason Stordahl-Public Works Director RE: Winter Equipment Lease Background: The Public Works Department leases a motor grader for snow removal each snow season. I received the following quotations for lease rates: Butler Machine (Caterpillar) $2620/month, plus $75/hour RDO Equipment (John Deere) $4500 per month (includes 50 hours per month), plus $40/hour after first 50 hours Based on previous year s monthly machine usage hours, we are recommending that the City leases from Butler Machine this snow season. Recommendation: Approve the lease agreement with Butler Machine. - 1-9
AGENDA ITEM # Request for Council Action Date: 10/04/2017 To: Cc: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Mike Pokrzywinski, Tim Riopelle, Henry Tweten, and Marc DeMers. File From: Chief Michael Hedlund RE: Request to Purchase Used Unmarked Vehicles for use as Investigations Staff Vehicles Background: The East Grand Forks Police Department currently has five unmarked vehicles as part of its fleet. These include a 2008 Chevrolet Impala (assigned to Chief Hedlund), two 2009 Chevrolet Impalas (assigned to Investigations Lt. Hajicek and Sgt. Hart), a 2011 Chevrolet Impala (assigned to Sgt. Schrage) and a 2007 Suzuki Forenza (DWI forfeited vehicle that has been used as a vehicle for officers to drive to training). The 2008 is still running extremely well and primarily has highway miles and we plan to keep it at this time. The 2009 s and the 2011 are all starting to have problems as is the 2007 Suzuki. At this time the EGFPD is requesting permission to sell the Suzuki (it was declared surplus on 10/3/2017), turn the better of the 2009 Impalas into the new training vehicle (vehicle to be determined after city mechanic Ron Bubendorf checks them over) and trade in the other 2009 Impala and the 2011 Impala towards three newer used vehicles for use by the Investigations officers (Hajicek, Hart and Schrage). Funding for the purchase of these vehicles would come from the following sources: Trade in of one 2009 Chevrolet Impala Amount TBD Trade in of one 2011 Chevrolet Impala Amount TBD Funds from the sale of two 2011 Ford Crown Victorias (Police Squad Cars that were taken out of service this year and have been declared surplus property)- Amount TBD in current auction Funds from 2017 Seized/Forfeited Vehicle Auctions City of East Grand Forks had budgeted $10,000.00 as revenue from asset forfeitures. Auctions held to date have produced $16,631.46 or $6,631.46 over the amount budgeted. We also have another auction that will be taking place by the time this RCA is being discussed (including the 2007 Suzuki listed above). On a related note, on 10/02/2017 the City of - 1-10
May 2, 2002 Request for Council Action East Grand Forks received $2,500.00 from a negotiated settlement for the return a seized/forfeited vehicle. 2017 Budget Capital Expenses for Police Vehicles Budgeted $69,000.00 Expended $69,791.65 Net Deficit of $791.65 to be taken from above sources. Recommendation: Approve the sale/trade in of the listed vehicles with the intention of purchasing three newer model used vehicles to be used as police unmarked vehicles. Amount spent cannot exceed the net total of the above listed sources. Enclosures: None 2 11
AGENDA ITEM # Request for Council Action Date: November 7, 2017 To: Cc: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Mike Pokrzywinski, Tim Riopelle, Henry Tweten, and Marc DeMers. File From: Paul Gorte RE: New Construction Incentive ($5000 Program for New Homes) $5000 Forgivable Loan (New Construction Incentive) Recently the EDA talked with representatives from residential realtors in the greater Grand Forks market. Based on the information presented to the EDA, the New Constructive Incentive program has dubious value in influencing the decision of where to buy a lot. In addition, the average stay in a new home nationally is only 7 years while the program requires the purchaser to remain in the home for 10 years. The program does not pro-rate loan repayment; the recipient either satisfies the 10-year residency requirement or repays the loan in full. Based upon the available information, the EDA reviewed this program as part of its annual budget review. The EDA recommended that that the program be terminated, effective December 31, 2017. The EDA recommends that people who close on their new homes or their new lots by no later than December 31, 2017, be allowed to participate in the program but that there be no new participation. If the purchaser has closed on the lot but the home has not been completed as of December 31, 2017, said lot and home must be completed and have a Certificate of Occupancy by December 31, 2018, to be eligible for inclusion in the program. After discussion at a September City Council Work Session, the item was returned to the EDA for further discussion, which occurred during two subsequent meetings. On October 17 the EDA affirmed its original recommendation shown in the previous paragraph. Recommendation: That the City Council approve the proposed termination of the New Home Incentive Program as per the recommendation of the EDA. - 1-12
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