THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY- AUGUST 18, 2015

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1 THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY- AUGUST 18, 2015 COUNCIL CHAMBERS CITY HALL RD STREET EAST 5:30PM 1. CALL TO ORDER 1.5 PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC FORUM- Individuals may address the City Council about any item not included on the regular agenda. A maximum of 5 minutes is allotted for the public forum. Speakers are requested to come to the microphone, state their name and address for the record, and limit their remarks to five minutes. The City Council will not take official action on items discussed at this time, with the exception of referral to staff or a committee, board or commission for a future report. 4. PRESENTATIONS/PROCLAMATIONS/PUBLIC INFORMATION ANNOUNCEMENTS League ofmn Cities Legislators of Distinction for 2015 (page 3-6) 5. APPROVE AGENDA- Council members may add items to the agenda for discussion purposes or staff direction. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA- These items are considered routine in nature and are approved with one motion without discussion/debate. The Mayor will ask if any Council member wishes to remove an item and place it on the regular agenda for discussion and consideration. If no items are to be removed, the Mayor will then ask for a motion to approve the Consent Agenda Approval of August 3, 2015 Special Council Proceedings and August 4, 2015 Council Proceedings (page 7-16) 6.02 Approve City of Thief River Falls Bills and Disbursements (see attachment) 6.03 Approval of Temporary On-Sale Intoxicating Liquor License Extension to Outside Area for Eagles Club (page 17-20) 6.04 Approval of Progression Raise for Kjell Johnsrud, Patrol Officer (page 21-22) 6.05 Resolution Authorizing Execution of Grant Agreement with the MN Department of Public Safety (page 23) 6.06 Approval of Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulation (page 24-25) 6.07 Approval oftransfer oftif 1-8, Wheatland Estates Housing Development to Wheatland Boys LLC (page 26-29) 6.08 Approval to Contract with Hoffman, Philipp and Knutson PLLC for 2015, 2016 and 2017 Governmental Audit Services (page 30-31) 1

2 7. NEW BUSINESS 7.01 First Reading of an Ordinance Rezoning the Street Department Property (page 32-39) 7.02 Approval of a Conditional Use Permit for Randy & Sandra Cwikla (page 40-53) 8. COUNCIL BOARDS AND COMMISSIONS REPORTS -Not all boards or commissions will have met prior to the Council meeting. These reports are intended to keep the other council members informed of actions or proposed actions taken by these boards and commissions. Only those with something to report would be on the agenda. 9. UPCOMING MEETINGS 9.01 Al Gustafson Memorial Rain Garden Dedication- August 20 1 h at 5:30p.m. (page 54) 9.02 City Council Meeting- September 1st at 5:30p.m Utilities Committee Meeting- September.at p.m Parks & Recreation/Public Safety Committee Meeting - September glh at 4:30 p.m Public Works Committee Meeting- September 9th at 5:00p.m Administrative Services Committee Meeting - September at 4:30 p.m City Council Meeting- September 15th at 5:30p.m. 10. INFORMATIONAL ITEMS Investment Summary dated 7/31/2015 (available at meeting) 11. ADJOURNMENT City of Thief River Falls complies with the ADA. Individuals with disabilities requiring special aids should contact the City Administrator, 405 Third Street East, Thief River Falls, MN , , 48 hours prior to the scheduled meeting. 2

3 LEAGUE of MINNESOTA CIT IES CONNECTING & INNOVATING SINCE 1913 Memorandum To: From: Mayors of Minnesota Cities Gary Carlson, Director, Intergovernmental Relations, League of Minnesota Cities Date: July 17, 2015 Re: League of Minnesota Cities Legislators of Distinction for 2015 Representative Dan Fabian, who represents your city at the state legislature, has been selected as a League of Minnesota Cities Legislator of Distinction for The League's Board of Directors recognized a total of 28 legislators this year, including 17 House members and 11 Senate members, for their actions and leadership on a wide variety of legislative issues of importance to cities across our state. The enclosed letter describes the specific reasons your legislator was chosen for this recognition. A copy of this letter was sent to your legislator several days ago. Please share this recognition with your city council and the public at your next council meeting. We also encourage you to share this information with your local newspaper. Publicly acknowledging legislators for their support of city-friendly legislation helps to continue strengthening the partnership between state and local government officials in Minnesota. If you have any questions, please feel free to contact Heather Corcoran or Lau ra Ziegler, IGR Liaisons at the League of Minnesota Cities at liaison@lmc.org, (651} , {651} , or toll-free at To read the complete list of all 28 legislators who received this designation, see the Cities Bulletin article online at Thank you, in advance, for your consideration and your support of the League's Legislators of Distinction recognition program. Enclosure 145 UNIVERSITY AVE. WEST ST. PAUL, MN PHONE (651) FAX: (651) TOLL FREE : (800) WEB: OR.G

4 LEAGU E OF MINN ESOTA CITIES CONNECTING & INNOVATING SINCE 1913 Memorandum To: From : Mayors of Minnesota Cities Gary Carlson, Director, Intergovernmental Relations, League of Minnesota Cities Date: July 17, 2015 Re: League of Minnesota Cities Legislators of Distinction for 2015 Senator LeRoy Stumpf, who represents your city at the state legislature, has been selected as a League of Minnesota Cities Legislator of Distinction for The League's Board of Directors recognized a total of 28 legislators this year, including 17 House members and 11 Senate members, for their actions and leadership on a wide variety of legislative issues of importance to cities across our state. The enclosed letter describes the specific reasons your legislator was chosen for this recognition. A copy of this letter was sent to your legislator several days ago. Please share this recognition with your city council and the public at your next council meeting. We also encourage you to share this information with your local newspaper. Publicly acknowledging legislators for their support of city-friendly legislation helps to continue strengthening the partnership between state and local government officials in Minnesota. If you have any questions, please feel free to contact Heather Corcoran or Laura Ziegler, IGR Liaisons at the League of Minnesota Cities at liaison@lmc.org, {651) , {651) , or toll-free at To read the complete list of all 28 legislators who received this designation, see the Cities Bulletin article online at Thank you, in advance, for your consideration and your support of the League's Legislators of Distinction recognition program. Enclosure 145 UNIVERSITY AVE. WEST ST. PAUL. MN PHONE (651) FAX (651) TOLL FREE: (800) WEB WWW LMC.ORG

5 July 15,2015 The Honorable LeRoy Stumpf 75 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul MN Dear Senator Stumpf, On behalf of our 832 member cities, I want to thank you for your efforts this past legislative session and to recognize you as a League of Minnesota Cities Legislator of Distinction for League staff and member city officials appreciate your accessibility and your consultation with us on legislation affecting cities. Your work as the leading Senate advocate for solving the workforce housing crisis in Greater Minnesota, and as the lead Senate author of the League's legislation that created the workforce housing grant program, is greatly appreciated. Thank you for moving the discussion forward on legislation that would have created a Workforce Housing TIF option, as well as your strong advocacy for local economic development and infrastructure funding programs related to wastewater funding, housing, and transportation. Our members know that in order to be successful in serving our common constituents, state and city officials must work together as partners to reach solutions that meet the unique needs of rural, suburban, and urban communities all across Minnesota. City leaders also understand that without the support of legislative leaders like you, this state-local partnership would not be possible. To acknowledge your contributions last session, mayors of each city in your legislative district will receive notification of your recognition. A press release will also be issued to media in your area. City officials and League staff look forward to continuing to work with you in the future. Sincerely, Steve Nasby Administrator, City of Windom President, League of Minnesota Cities Enclosure 5

6 July 15,2015 The Honorable Dan Fabian 429 State Office Building St. Paul, MN Dear Representative Fabian, On behalf of our 832 member cities, I want to thank you for your efforts this past legislative session and to recognize you as a League ofminnesota Cities Legislator ofdistinction for League staff and member city officials appreciate your accessibility and your consultation with us on legislation affecting cities. Your work as the leading advocate in the House for solving the workforce housing crisis in Greater Minnesota is greatly appreciated, as is your work as the lead author of the League's legislation that created the workforce housing grant program and the legislation that would have created a Workforce Housing TIF option. Our members know that in order to be successful in serving our common constituents, state and city officials must work together as partners to reach solutions that meet the unique needs of rural, suburban, and urban communities all across Minnesota. City leaders also understand that without the support of legislative leaders like you, this state-local partnership would not be possible. To acknowledge your contributions last session, mayors of each city in your legislative district will receive notification ofyour recognition. A press release will also be issued to media in your area. City officials and League staff look forward to continuing to work with you in the future. Sincerely, Steve Nasby Administrator, City of Windom President, League of Minnesota Cities Enclosure 6

7 SPECIAL CITY COUNCIL MEETING/HEARING PROCEEDINGS AUGUST 3, 2015 The City Council of Thief River Falls, Minnesota, held a Public Hearing at 5:00p.m. on August 3, 2015 in the Council Chambers of City Hall. Mayor Holmer called the meeting to order at 5:00 p.m. The following Councilmembers were present: Brown, Schmalz, Howe, Hagen and Narverud. Holmer chaired the meeting. Absent: Sollom and Prudhomme Others present: City Administrator Larry Kruse, Community Services Director Mark Borseth, Community Development Director Christine Anderson, Dennis Bakke, Jeff Fagerstrom, Darryl Tveitbakk, Key Teeters, Greg and Marcie Michelson. TAX ABATEMENT FOR THE WEST RIVER FALLS ESTATES HOUSING DEVELOPMENT: Mayor Holmer called the Public hearing to order on the request ofdw 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. City Administrator Kruse stated the published notice identified up to an $800,000 abatement. Kruse stated that since the notice was published the City received a Workforce Housing Grant Amendment making $400,000 of State Fund available for municipal improvements serving the West River Falls Estate I project. As a result the Council is being asked to consider an abatement estimated not to exceed $140,000, with a present value of $118,000. The Mayor opened the floor to public comments and none were received. The Mayor closed the public hearing and called the special City Council meeting back to order. RESOLUTION NO : RESOLUTION APPROVING PROPERTY TAX ABATEMENTS FOR THE WEST RIVER FALLS ESTATES HOUSING DEVLEOPMENT Following discussion, Councilmember Narverud introduced Resolution No , being seconded by Councilmember Schmalz, that: BE IT RESOLVED by the City Council (the "Council") of the City of Thief River Falls, Minnesota (the "City), as follows: 7

8 Hearing Proceedings August 3, 2015 Page 2 of6 1. Recitals. (a) DW Jones (the "Developer") has requested that the City ofthiefriver Falls (the "City"), the County of Pennington (the "County") and the School Board (the "Board") for Independent School District No. 564 (the "District) abate their respective portions of additional prospective property taxes to be generated on Lot 1 and Lot 2, Block 1 in the City ofthiefriver Falls (the "Property"), resulting from the construction on the Property of 104 units of market rate rental housing (the "Project"), all as further described below. The Property is currently owned by the City and to be acquired by the Developer, and it is in the process of being assigned a parcel number. (b) The requested property tax abatement (the "Abatement") would be for a maximum of 4 years, specifically, with respect to property taxes payable in 2018 through The portion of the Abatement attributable to the City is estimated to not exceed $140,000, with a present value of $118,000. (c) Property tax abatements, such as the Abatement, are authorized under Minnesota Statutes, Sections through (the "Abatement Law"). (d) On the date hereof, in accordance with the Abatement Law, a public hearing was held on the question of the Abatement, and, as required by the Abatement Law, notice of said hearing was published at least 10 days but not more than 30 days prior to the hearmg. 2. Findings. The Council hereby makes the following fmdings: (i) The Council expects the benefits of the Abatement to the District to at least be equal to the costs thereof. (ii) Granting the Abatement is in the public interest because it will increase the tax base of the City and other affected taxing jurisdictions and help provide access to market rate housing for residents. (iii) The Council expects the public benefits described in (b) above to be derived from the Abatement. (iv) The Property is not located in a tax increment financing district. ii) Terms of Abatement. The Abatement is hereby approved. The terms of the abatement are as follows: (i) The Abatement shall be for a maximum of 4 years and shall apply to the taxes payable in the years 2018 through 2021, inclusive. (ii) The Abatement shall be subject to final approval by the City of a definitive Development Agreement. 8

9 Hearing Proceedings August 3, 2015 Page 3 of6 (c) The Abatement shall be for 100% ofthe City's share ofthe ad valorem property taxes generated by the Property which are attributable to the Project. (d) The Abatement may not be modified or changed during the term set forth in (a) above, except with the prior written consent of the City. (e) The Abatement shall be subject to all the terms and limitations ofthe Abatement Law. (f) In order to be entitled to the Abatement, the Developer shall not be in default within the County, the City or the District on any of its payment obligations respecting any taxes, assessments, utility charges or other governmental impositions. (g) All terms and conditions of the Abatement will be subject to final approval ofthe Development Agreement between the relevant taxing jurisdictions and the Developer. (h) In any year, the total amount of property taxes to be abated by the City by this and any other applicable resolutions shall not exceed the greater often percent (10%) of the net tax capacity, or $200,000, whichever is greater. (i) In no event shall the combined aggregate abatement assistance, if all requested taxing jurisdictions participate, and if the Project is constructed at the maximum size envisioned, exceed $400,000 over the 4 year term. (j) The Mayor and City Administrator are authorized to execute all documents and Development Agreements necessary to execute the Property Tax Abatement Program. On vote being taken, the motion was unanimously approved. PUBLIC HEARING TO CONSIDER REVISIONS AND EXTENSION OF CURRENT RESIDENTIAL TAX ABATEMENT PROGRAM Mayor Holmer called the public hearing to order regarding revisions and extension of the Residential Tax Abatement Program and read the following notice. Public hearing 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 ofthe Revised Tax Abatement Program is on file for review at City Hall. Mayor Holmer opened the floor to public comments and none were received. 9

10 Hearing Proceedings August 3, 20l5 Page 4 of6 Mayor Holmer called the special council meeting back to order to address the Abatement Program. RESOLUTION NO : RESOLUTION APPROVING REVISIONS AND EXTENSION OF CURRENT RESIDENTIAL TAX ABATEMENT PROGRAM Following discussion, Councilmember Hagen introduced Resolution No , being seconded by Councilmember Narverud, that: RESOLVED, by the City Council, to accept to approve a revised Tax Abatement Program Policy, as follows: This program is based on a request from developers for relief in establishing new plats, and new lot developments and ultimately new homes. The abatement program will operate under MN State Statute Economic Development. The program calls for the abatement of property taxes as set by the City ofthiefriver Falls. The City Administrator and Mayor are authorized to execute all necessary documents to implement and administer the program for qualified properties. The parameters of the program are as follows: Revised Tax Abatement Program EXHIBIT A The Thief River Falls City Tax Abatement Program is based on the Tax Abatement Program established in August 2011 by the City of Thief River Falls and Pennington County. The original program will expire on December 31,2015. The program was established in response to a request from developers for relief in establishing new plats, new lot developments, and ultimately new homes in the City ofthiefriver Falls. The abatement program operates under the Tax Abatement Authority in Minnesota Statutes through The Tax Abatement Program provides for the abatement of property taxes as set by the City of Thief River Falls (the "taxing authority") for a three to seven year period of time. The parameters of the program follow: The City ofthiefriver Falls, agrees to participate in the incentive program. All of the property taxes for the City, including existing taxes on land, may be abated for a specific parcel(s). The program applies to new single-family residential construction only. New construction is defined as: Modular homes: A new modular home built after June 2015 and prior to the termi- 10

11 Hearing Proceedings August 3, 2015 Page 5 of6 nation of the Tax Abatement Program qualifies provided it is placed on an approved foundation. Manufactured homes: A new manufactured home built after June 2015 and prior to the termination of the Tax Abatement Program qualifies provided it is placed on an approved foundation. Stick built homes. New construction for Stick Built homes is defined as any home that is built from scratch and is placed on an approved foundation. Construction must be after June 2015 and prior to the termination of the Tax Abatement Program. Stick built also pertains to a stick built home that is moved onto property within the City limits (having never been in the City limits prior to) and renovated to over 113 of its assessed value. The home must have an approved foundation. The home must be owned by the party requesting the abatement, and the party must be the first owner of the home. Occupancy of the home must take place within two years of acquisition of the undeveloped real property (lot). The home can be built on any approved lot, anywhere within the City limits of Thief River Falls. The constructed cost of the home cannot exceed $200,000. The cost of the lot is not included in the construction cost of the home. The term of the abatement may be a maximum of seven years if there are outstanding assessments on the property. The tax abatement would be applied to pay down the assessments. If the property does not have outstanding assessments, the term of the abatement may be a maximum of three years. The tax abatement will be provided in the form of a rebate to the property owner. Tax abatement payments for assessments and/or property tax reimbursement will only be provided if the property owner pays the semi-annual taxes. The Tax Abatement Program is only eligible for the original tax abatement applicants (property owners). The abatement does not transfer if the property is sold. ABATEMENT REIMBURSEMENT The homeowner is reimbursed for taxes paid to City of Thief River Falls when the home is occupied and valued after one year of occupancy and certified as such by the Thief River Falls Building Official and Pennington County Assessor's Office. The abatement of real property taxes by the taxing authorities will be for seven consecutive years if the property has outstanding assessments, and three consecutive years if there are no outstanding assessments. 11

12 Hearing Proceedings August 3, 2015 Page 6 of6 PROCESS 1. The ThiefRiver Falls Community Services Department is responsible for notifying the County and School District of properties participating in the program, and the date the real property was acquired. 2. The taxpayer pays the property taxes. a. The owner submits a copy of their property tax statement and verification of payment to the Thief River Falls Community Services Office. b. Ifthere are no outstanding assessments, the City will send the property tax rebate directly to the property owner following proper notification and public hearings. If there are outstanding assessments, the City will apply the property tax rebate to the outstanding assessments, until assessments are paid or for up to a maximum of seven years. 3. The program will close at the end of five years for review and consideration. The termination date is December 31, The Revised Tax Abatement Program will replace the Program terminating on December 31,2015 and is effective July 1, On vote being taken, the motion passed by a five to one vote with Brown voting nay. ADJOURNMENT There being no further discussion, Councilmember Howe moved, being seconded by Councilmember Hagen, to adjourn the meeting at 5:20p.m. On vote being taken, the Chair declared the motion unanimously carried and the meeting adjourned to August 4, 2015 at 4:30p.m. at Pioneer Village. Brian D. Holmer, Mayor Attest: Larry Kruse, City Administrator 12

13 COUNCIL PROCEEDINGS AUGUST 4, 2015 #6.01 The City Council of Thief River Falls, Minnesota, met in regular session at 4:30p.m. on August 4, 2015 in the Asphult Church at Pioneer Village. The following Councilmembers were present: Holmer, Howe, Narverud, Schmalz and Brown. Councilmember Prudhomme, Sollom and Hagen were absent. Holmer chaired the meeting. APPROVAL OF AGENDA Councilmember Brown motioned, being seconded by Councilmember Howe, to approve the agenda with the addition of two items. On vote being taken, the motion was unanimously approved. Councilmember Prudhomme entered the meeting. RESOLUTION NO : APPROVAL OF COUNCIL PROCEEDINGS Presented as part of the Consent Agenda, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: RESOLVED, by the City Council, to approve July 21,2015 Council Proceedings. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF PAYMENT OF BILLS Presented as part of the Consent Agenda, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: RESOLVED, by the City Council, to authorize payment ofbills and disbursements in the total amount of $1,508, 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 : APPROVAL OF BEER IN THE PARK PERMIT FOR VFW POST 2793 Presented as part of the Consent Agenda, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: RESOLVED, by the City Council, to grant VFW Post 2793 a Beer in the Park Permit, effective August 16, 2015 from 1 :00 p.m. to 5:00 p.m. at Oakland Park to allow for the consumption of 3.2% malt liquor in the park. On vote being taken, the resolution was unanimously passed. 13

14 Council Proceedings August 4, 2015 Page 2 of4 RESOLUTION NO : APPROVAL OF BEER IN THE PARK PERMIT FOR LINCOLN HIGH SCHOOL CLASS OF 2005 Presented as part of the Consent Agenda, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: RESOLVED, by the City Council, to grant Lincoln High School Class of 2005 a Beer in the Park Permit, effective August 15, 2015 from 12:00 p.m. to 3:00p.m. at Hartz Park to allow for the consumption of3.2% malt liquor in the park. On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL TO ACCEPT DONATION FROM DONDELINGER FOUNDATION Presented as part ofthe Consent Agenda, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: RESOLVED, by the City Council, to accept the following grant from Dondelinger Foundation: $5,000 for the Curling Club $2,411 for Police Department $5,000 for the Kiwanis Playground On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL OF LOW BID FOR LIME SLUDGE REMOVAL Presented as part of the Consent Agenda, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: WHEREAS, pursuant to proper notice, the City of Thief River Falls opened bids on July 30, 2015 for the removal oflime sludge; and, WHEREAS, three bids were received. Bid was awarded to low bidder Fergus Power Pump, Inc. in the amount of $51.39/1,000 gallons. Total bid estimate is $82,224. THEREFORE, BE IT RESOLVED, by the City Council, to approve the low bid submitted by Fergus Power Pump, Inc. for lime sludge removal in the amount of$51.39 per 1,000 gallons. On vote being taken, the resolution was unanimously passed. 14

15 Council Proceedings August 4, 2015 Page 3 of4 RESOLUTION NO : APPROVAL OF CONVEYANCE OF THAT REAL PROPERTY KNOWN AS NOPER PHASE I TO WEST RIVER FALLS ESTATES LLC AS ON FILE IN THE OFFICE OF THE CITY CLERK Presented as part of the Consent Agenda, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: WHEREAS, The City of Thief River Falls is the owner of the following described real property (hereafter "Real Property"), located in the County of Pennington and State ofminnesota, to-wit: and Part ofthe Northeast Quarter (N 114) of Section Thirty-two (32), Township One Hundred Fifty-four (154) North of Range Forty-three (43) West of the Fifth Principal Meridian, described as follows: Commencing at the northwest comer ofnoper's Third Addition, according to the Official Plat of record in the office of the County Recorder in and for the County of Pennington and the State of Minnesota; thence South 00 degrees 28 minutes 48 seconds West, assumed bearing, along the west line of said Noper's Third Addition, a distance of feet to the southwest comer of said Noper's Third Addition; thence North 89 degrees 31 minutes 12 seconds West feet; thence North 00 degrees 28 minutes 48 seconds East feet; thence North 04 degrees 32 minutes 02 seconds East feet to Comer No. B801 ofparcel201 of Minnesota Department of Transportation Right of Way Plat No. 57-8, according to the Official Plat of record in said County Recorder's Office; thence North 00 degrees 08 minutes 49 seconds West, along the east line of said Parcel 201, a distance of feet, more or less to Comer No. B6 of Parcell of Minnesota Department of Transportation Right of Way Plat No. 57-7, according to the Official Plat of record in said County Recorder's Office; thence North 27 degrees 37 minutes 04 seconds East, along the east line of said Parcel 1, a distance of feet, more or less to Comer No. B5 of said Parcell, the same being the southeast comer of Lot 10, Noper's Second Addition, according to the Official Plat of record in said County Recorder's Office; thence South 62 degrees 18 minutes 27 seconds East, along the southerly line of said Noper's Second Addition, a distance of feet, more or less to the point of beginning. WHEREAS, The City desires to sell said Real Property and West River Falls Estates LLC desires to purchase said Real Property, and WHEREAS, The City Council has reviewed the terms and conditions of said sale, NOW, THEREFORE, BE IT RESOLVED, By the City Council of Thief River Falls, Minnesota, that the sale of said Real Property has no relationship to the Comprehensive Municipal Plan and the Thief River Falls Planning Commission is therefore not required to review said sale. 15

16 Council Proceedings August 4, 2015 Page 4 of4 BE IT FURTHER RESOLVED, That the Mayor and City Clerk are authorized and directed to sign a warranty deed conveying said Real Property to West River Falls Estates LLC upon the terms and conditions set forth. On vote being taken, the resolution was unanimously passed. UPCOMING MEETINGS/EVENTS Utilities Committee Meeting- August 1oth at 4:30 p.m. Parks & Recreation/Public Safety Committee Meeting- August 11th at 4:30p.m. Public Works Committee Meeting- August 12th at 5:00p.m. Administrative Services Committee Meeting- August 13th at 4:30p.m. City Council Meeting- August 18th at 5:30 p.m. ADJOURNMENT There being no further discussion, Councilmember Schmalz moved, being seconded by Councilmember Brown to adjourn at 4:30p.m. On vote being taken, the Chair declared the motion unanimously carried. Brian D. Holmer, Mayor Attest: Larry Kruse, City Administrator 16

17 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION 1 # RESOLUTION NO.: APPROVAL OF TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE EXTENSION TO OUTSIDE AREA FOR EAGLES CLUB Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember, that: RESOLVED, by the City Council, to approve a temporary extension ofthe Eagles Club On-Sale Intoxicating Liquor License to an outside fenced off designated area effective August 18 to August 31, 2015 from 9 a.m. until 10:00 p.m. each day. Presented at the August 18, 2015 Council Meeting Introduced by: Seconded by: Roll Call (if required): _ Holmer_ Howe Sollom _Hagen _Brown _ Prudhomme _ Schmalz _ Narverud Notes:

18 The Eagles club would like to request a temporary outdoor liquor license for the dates August17th -August 30th The reason for the length of dates is as follows. The fence will go up on Sunday & Monday; Tuesday & Wednesday will be the setup of the tents. It is all volunteer help, this way they will be able to have a beer or drink outside while they are setting up. Thursday August 20th is our annual membership picnic, and Friday August 21st is our Backyard BBQ. The food will be served outside as well as drinks. We will make sure that every night it will be shut down no later than 10:00 p.m. The Following week is our 2nd Annual Summerfest which includes a golf Tournament and also a motorcycle ride on Saturday August 29th. Thank you. Thief River Falls Eagles Aerie #

19 CITY OF THIEF RIVER FALLS On-Sale Intoxicating Liquor License Application Addendum ****TEMPORARY**** Attach a detailed drawing of the outside premises Applicant must submit a Certificate of Insurance specifically adding the approved outside premises to the applicant's liquor liability coverage. &o.ftazo.l OrJ-e La-f-Ettjlf-5 01,{-df.{oh BUSINESS NAME/TRADE NAME BUSINESS PHONE HOME PHONE 3os &d Ukt. g/ vj BUSINESS ADDRESS DATEOFEVENT: ~-/7 /C6-3o HOURS: q A' W\ n 1 o.p. ~ I, hereby, under oath, state that the information contained in this application is true and correct to the best of my knowledge. I will notify the City of Thief River Falls immediately should any of the information in this application change. I further acknowledge that the falsification of any information contained in this application or willful omission will be cause for denial of the license or for revocation of a license which has been issued. ~A~ SIGNATURE OF APPLICANT (11arraqi/ TITLE DATE 19

20 ~ o_ ~ ~ ~ "" \t " t;

21 City of Thief River Falls 1 # Police Department 102 West First Street, P.O. Box 413 Thief River Falls, MN PHONE: FAX: Request for Council Action Date: August 18, 2015 Subject: Approve progression raise for Kjell Johnsrud, Patrol Officer. RECOMMENDATION: It is respectfully requested the Council consider the following: Motion To: Accept the Public Safety Committee recommendation and grant Kjell Johnsrud, Patrol Officer, a progression raise. Officer Johnsrud shall progress to Step 3 of the LELS Patrol Officer schedule for a new salary of $25.79 per hour, effective August 26, BACKGROUND: Officer Johnsrud was hired on August 26, 2013 at Step 1 of the LELS salary schedule. The City Council in 2014 approved his Step 2 progression raise, and Officer Johnsrud is now eligible for the Step 3 progression. KEY ISSUES: None FINANCIAL CONSIDERATION: This is a budgeted item for LEGAL CONSIDERATION: None identified. DEPARTMENT/RESPONSIBLE PERSON: Dick Wittenberg, Chief of Police. Reviewed by: 21

22 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION 1 # RESOLUTION NO. : APPROVAL OF PROGRESSION RAISE FOR KJELL JOHNSRUD, PATROL OFFICER Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember, that: RESOLVED, by the City Council, to accept a Public Safety Committee recommendation and grant Kjell Johnsrud, Patrol Officer, a progression raise. Mr. Johnsrud shall progress to Step 3 of 4 Grade Level 6 LELS salary schedule, for a new hourly wage of $25.79 per hour, effective August 26, Presented at the August 18, 2015 Council Meeting Introduced by: Seconded by: _ Roll Call (if required): _Holmer_ Howe Soli om _Hagen _Brown _ Prudhomme _Schmalz _ Narverud Notes: _ 22

23 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION #6.05 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WITH THE MN DEPARTMENT OF PUBLIC SAFETY Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember, that: BE IT RESOLVED, by the City Council, to accept a Public Safety Committee recommendation that the Thief River Falls Police Department enter into a grant agreement with the Minnesota Department of Public Safety, for traffic safety enforcement projects during the period from October 1, 2014 through September 30, The grant is for a total of$20,400 and is shared between the ThiefRiver Falls Police Department, the Pennington County Sheriff's Office and the Marshall County Sheriff's Office with the City of Thief River Falls serving as the fiscal agent for the grant. BE IT FURTHER RESOLVED, Chief of Police Dick Wittenberg (or his designee) is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Thief River Falls Police Department and to be the fiscal agent and administer the grant. Presented at the August 18, 2015 Council Meeting Introduced by: Seconded by: Roll Call (if required): _ Holmer_ Howe Sollom _Hagen _Brown _ Prudhomme _ Schmalz _ Narverud Notes:

24 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION #6.06 RESOLUTION ESTABLISIDNG PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember, that: BE IT RESOLVED by the City Council (the "Council") of the City of Thief River Falls, Minnesota (the "City"), as follows: Recitals. The Internal Revenue Service has issued Treasury Regulations, Section (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of ( 1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Administrator to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. 24

25 Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. Reimbursement Allocations. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Presented at the August 18, 2015 Council Meeting Introduced by: _ Seconded by: Roll Call (if required): _ Holmer_ Howe Sollom _Hagen _Brown _ Prudhomme _ Schmalz _ Narverud Notes:

26 City of Thief River falls # Third Street East PO Box 528 Thief River Falls MN DATE: August 12, 2015 Request for Council Action PHONE: FAX: SUBJECT: Wheatland Estates TIF Transfer RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Committee recommendation: Motion to: Adopt a Resolution to allow the transfer oftif 1-8, Wheatland Estates Housing Development to Wheatland Boys LLC. This resolution is contingent upon legal review. BACKGROUND: TIF 1-8 was granted to Wheatland LLC in 2008 for the construction of Wheatland Estates located at 106 Cottonwood A venue. This is a housing district and provided for the construction of a 24-unit apartment building. KEY ISSUES: This property is being sold by Wheatland LLC to Wheatland Boys LLC. The president of Wheatland Boys LLC, Mr. Mark Weston, has requested the existing TIF be transferred to the new owners. FINANCIAL CONSIDERATIONS: The existing terms and conditions will remain the same. LEGAL CONSIDERATION: Assignment ofnote. The Note shall be not assignable nor transferable without the prior written consent of the City; provided, however, that such consent shall not be unreasonably withheld or delayed if: (a) the assignee or transferee delivers to the City a written instrument acknowledging the limited nature of the City's payment obligations under the Note, and (b) the assignee or transferee executes and delivers to the City a certificate, in form and substance satisfactory to the City, pursuant to which, among other things, such assignee or transferee represents (i) that the Note is being acquired for investment for such assignee's or transferee's own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof, (ii) that the assignee or transferee has no present intention of selling, granting any participation in, or otherwise distributing the same, (iii) that the assignee or transferee is an "accredited investor" within the meaning of Rule 501 of the Regulation D under the Securities Act of 193 3, as amended, (iv) that the assignee or transferee, either alone or with such assignee's or transferee's representatives, has knowledge and experience in financial and business matters and is capable of evaluating the merits and risks of the prospective investment in the Note 1 26

27 and the assignee or transferee is able to bear the economic consequences thereof, (v) that in making its decision to acquire the Note, the assignee or transferee has relied upon independent investigations made by the assignee or transferee and, to the extent believed by such assignee or transferee to be appropriate, the assignee's or transferee's representatives, including its own professional, tax and other advisors, and has not relied upon any representation or warranty from the City, or any of its officers, employees, agents, affiliates or representatives, with respect to the value of the Note, (vi) that the City has not made any warranty, acknowledgment or covenant, in writing or otherwise, to the assignee or transferee regarding the tax consequences, if any, of the acquisition and investment in the Note, (vii) that the assignee or transferee or its representatives have been given a full opportunity to examine all documents and to ask questions of, and to receive answers from, the City and its representatives concerning the terms of the Note and such other information as the assignee or transferee desires in order to evaluate the acquisition of and investment in the Note, and all such questions have been answered to the full satisfaction of the assignee or transferee, (viii) that the assignee or transferee has evaluated the merits and risks of investment in the Note and has determined that the Note is a suitable investment for the assignee or transferee in light of such party's overall financial condition and prospects, (ix) that the Note will be characterized as a "restricted security" under the federal securities laws because the Note is being acquired in a transaction not involving a public offering and that under such laws and applicable regulations such securities may not be resold without registration under the Securities Act of 1933, as amended, except in certain limited circumstances, and (x) that no market for the Note exists and no market for the Note is intended to be developed. The City hereby agrees to the assignment by the Note to Border State Bank (the "Bank"), provided that the Bank executes and delivers to the City a certificate meeting the requirements of clauses (a) and (b) ofthis Section DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Community Services Director REVIEWED BY: LRK Encl. (1) 2 27

28 TQ; ~rom: nate: :R~ Mark Borseth :Mark.Westott, PresJ.(f~Ji'Wb:e.~tla~d ~~'- ~ ; Ati.QUSt S, 20lti t..&< t TIP "'..,fl!ij:::tler.o.. t'i.q.~ Dear Mr. Borseth, At this time I am requesting that the City of Thief River Falls transfer the current TIF Note associated with the1jpattment build~1 ~t~lltj:qti Cottonwood ~v~nue1rcnn Whe:afitami lllcto 'W~-~d~:o~~;.says, LLC upon the closing of said property between the two entjties mentioned. :As ;p~sl:det.root Whe~ff$"ttd''~~~ h.~~p. rlor experience-working with nf notes and understand tb:e 'risks associated withtbe~11q.w>., :J understand there is no general obligation from the City o'f Thief ~~Y.'~t 'flflt~ ~J$ n_p:guarantee that ft:,wlll\b&pill:f'lffif.utf, Sincerely, President Wheatland :tlop lll:t

29 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION 1 # RESOLUTION NO.: APPROVAL OF TRANSFER OF TIF 1-8, WHEATLAND ESTATES HOUSING DEVELOPMENT TO WHEATLAND BOYS LLC Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember, that: WHEREAS, TIF 1-8 was granted to Wheatland LLC in 2008 for the construction of Wheatland Estates located at 106 Cottonwood Avenue. This is a housing district and provided for the construction of a 24-unit apartment building; and WHEREAS, this property is being sold by Wheatland LLC to Wheatland Boys LLC. The president of Wheatland Boys LLC, Mr. Mark Weston, has requested the existing TIF be transferred to the new owners. THEREFORE, BE IT RESOLVED, to accept a Public Works Committee Recommendation to allow the transfer oftif 1-8, Wheatland Estates Housing Development to Wheatland Boys LLC. This resolution is contingent upon legal review. Presented at the August 18, 2015 Council Meeting Introduced by: _ Seconded by: Roll Call (if required): _Holmer_Howe _ Sollom _Hagen _Brown _ Prudhomme _ Schmalz _ Narverud Notes:

30 City of Thief Ri\fer falls 1 #6.oa 1 CITY ADMINISTRATOR 405 Third Street East PO Box 528 Thief River Falls MN PHONE: FAX: \ lkruse@citytrfnet REQUEST FOR COUNCIL ACTION DATE: August 13, 2015 SUBJECT: Financial Audit Proposals RECOMMENDATION: It is respectfully requested the City Council consider the following: MOTION TO: contract with Hoffman, Philipp, and Knutson PLLC for 2015,2016 and 2017 Governmental Audit Services. BACKGROUND: Annually the City is required to complete an audit of the financials in accordance with Governmental Auditing Standards and OMB Circular A-133 Single Audit Requirements, when applicable. In the past the City has gone out for proposals every three years. Staff is again proposing a three year arrangement, as that gives a firm time to learn the City's system and become efficient at the audit process. Three local firms where invited to quote audit services, of which two submitted proposals as follows: Brady Martz, 2015 $16,3 00 base with an additional $2,500 and $1,800 for additional major program audits, 2016 the same as 2015 and 2017 $17,000 for the base audit and $2,500 and $1,800 respectively for additional major program audits. Hoffman, Philipp, and Knutson PLLC, quoted $18,000 for each of the three years. FINANCIAL CONSIDERATION: Historically, the audits have cost the following:' 2004-$19,950, 2005-$19,750, 2006-$16,850, 2007-$17,300, 2008-$17,900, 2009-$14,500, 2010-$14,900, ,800,2012-$19,500, ,100,2014-$18,500 and an estimated $18,500 in The costs may vary from year to year depending on ifthe City needs additional single audits for State and Federal Grants. This is a budgeted item. LEGAL CONSIDERATION: N/A DEPARTMENT/RESPONSIBLE PERSON: Angie Philipp, Finance Director REVIEWED BY: LRK 30

31 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION #6.08 RESOLUTION NO. : APPROVAL TO CONTRACT WITH HOFFMAN, PHILIPP AND KNUTSON PLLC FOR 2015, 2016 AND 2017 GOVERNMENTAL AUDIT SERVICES Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember, that: WHEREAS, annually the City is required to complete an audit of the financials in accordance with Governmental Auditing Standards and OMB Circular A-133 Single Audit Requirements, when applicable. In the past the City has gone out for proposals every three years. Staff is again proposing a three year arrangement, as that gives a firm time to learn the City's system and become efficient at the audit process. WHEREAS, three local firms where invited to quote audit services, of which two submitted proposals as follows: Brady Martz, 2015 $16,300 base with an additional $2,500 and $1,800 for additional major program audits, 2016 the same as 2015 and 2017 $17,000 for the base audit and $2,500 and $1,800 respectively for additional major program audits. Hoffman, Philipp, and Knutson PLLC, quoted $18,000 for each ofthe three years. THEREFORE, BE IT RESOLVED, to accept an Administrative Services Committee recommendation to contract with Hoffman, Philipp, and Knutson PLLC for 2015, 2016 and 2017 Governmental Audit Services. Presented at the August 18, 2015 Council Meeting Introduced by: _ Seconded by: _ Roll Call (if required): _Holmer_Howe _ Sollom _Hagen _Brown _Prudhomme _ Schmalz _ Narverud Notes:

32 City of Thief River falls #7.01 DIRECTOR OF COMMUNITY SERVICES 405 Third Street East PO Box 528 Thief River Falls MN Request for Council Action PHONE: FAX: DATE: August 12,2015 SUBJECT: Street Department Property Rezoning RECOMMENDATION: It is respectfully requested that the Council consider the following Planning Commission and Public Works Committee recommendation: Motion to: Approve the request to change the zoning of Lots 20, 27, 40, Lot 32 less the South 50 feet ofthe East 125 feet, and Lot 39less the East 125 feet; and the West 1/2 ofvacated Horace A venue lying adjacent to Lots 20, 27 and 32 less the South 50 feet; and that part of ReserveD lying adjacent to the previously described property all within Fairfield Addition to the City of Thief River Falls. The City of Thief River Falls has requested changing the zoning classification from General Residential District (R-2) to the General Industrial District (1-2). BACKGROUND: The City of Thief River Falls has owned this property for Street Department use for several years, dating back prior to the establishment of city zoning. KEY ISSUES: The city is considering the construction of a cold storage building which would require the proposed zoning change. The zoning change would bring the city into conformance with the current and future use. A hearing was held at the August 11th Planning Commission to review the rezoning request. The Planning Commission recommended the City Council approve the request. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATION: This ordinance change requires a public hearing and neighborhood notification, which has been completed and would also require two readings. DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Community Services Director REVIEWED BY: Encl: (5) 32

33 NOTICE OF HEARING PLANNING COMMISSION CITY OF THIEF RIVER FALLS Notice is hereby given pursuant to Chapter 152 of the Thief River Falls ("City") City Code that the City of Thief River Falls, 405 Third Street East, has applied for a re-zoning of property described as follows: All of Lots 20, 27, 40, Lot 32less the South 50 feet ofthe East 125 feet, and Lot 39less the East 125 feet; and the West 1/2 of vacated Horace Avenue lying adjacent to Lots 20, 27 and 32 less the South 50 feet; and that part of Reserve D lying adjacent to the previously described property all within Fairfield Addition to the City of Thief River Falls. The City ofthiefriver Falls has requested changing the zoning classification from General Residential District (R-2) to the General Industrial District (I-2). Notice is further given that the Planning Commission will conduct a Hearing on there Zoning Request at 5:00P.M. on Tuesday, August 11, 2015, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN. All persons wishing to comment on the Re-Zoning Request will have the option to be heard at this time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the Office ofthe Community Services Director, City Hall, P. 0. Box 528, Thief River Falls, MN 56701, or telephone If you have a disability and need an accommodation in order to attend this Hearing; please contact the undersigned as soon as possible or at least 3 working days in advance of the Hearing at the above telephone number. Dated this 21st day of July, 2015 CITY OF THIEF RIVER FALLS Mark Borseth Community Services Director & Zoning Administrator Published in the Wednesday, July 29th, 2015, edition of The Times 33

34 CHECKLIST FOR REZONING REQUESTS 1. Applicant (Name/Address/Tel: City of Thief River Falls, 405 Third Street East, Thief River Falls, MN General location of the request: All of Lots 20, 27, 40, Lot 32 less the South 50 feet of the East 125 feet, and Lot 39 less the East 125 feet; and the West 1/2 of vacated Horace Avenue lying adjacent to Lots 20, 27 and 32 less the South 50 feet; and that part of ReserveD lying adjacent to the previously described property all within Fairfield Addition to the City of Thief River Falls. 3. Proposed use and/or zoning: The City of Thief River Falls currently owns this parcel and is used for general Street Department operations. The city is considering the construction of a 76' x 90' (approximate) cold storage building. 4. Dimension of the request: Frontage - 340' Depth - 490' (Irregular) 5. Area of property in request: Sq. Feet- 141,389 Acres Existing characteristics: Zoning - General Residential (R-2) Use: Industrial Conforming - No Non-Conforming- Yes 7. Adjacent land use: The location borders single family residential homes to the North, West and Soutl and Industrial property to the East. 8. Adjacent zoning districts: The location borders General Residential District (R-2) on the North, West and South. It borders General Industrial District (1-2) to the East. 9. Are Wetlands or Shorelands impacted by this request? No 10. Characteristics of soils: According to the "Pennington County Soil Survey," soils are predominately Clearwater Clay. The Clearwater series consists of poorly drained, slowly permeable soils in plane or slightly concave basins on glacial lake plains. Slopes range from 0-2%. 11. Has an adequate site plan been provided? A vicinity map is attached. 12. What provisions have/can be made for utilities, drainage and adequate easements? Existing water and sanitary sewer are available. 13. Is the proposed rezoning consistent with the Comprehensive Plan? No. The Comprehensive Plan calls for this area to be Low Density Single Family that is consistent with the existing Suburban Residential District (R-1). The Comprehensive Plan is not consistent with current zoning for this area that is zoned General Residential District (R-2). 14. Have other pertinent segments of the Comprehensive Plan been considered? Yes. Thirteenth Street and Atlantic Avenue are designated as collector streets and have a 9 ton truck route designation. 15.1s the area platted? Yes 34

35 If so, will the existing lots conform to the requested district? Yes 16.1f the area is to be residential: NA A. What is the holding capacity? B. Street access? C. Has a subdivision plan been submitted? NA 17. If the request is for a commercial use: NA A. Is there an economic need? NA B. Is there a provision for adequate screening? NA C. What is the traffic situation? NA D. What is the distance to schools? NA 18.1f the request is for industrial: Yes A. Is the area readily accessible to major thoroughfares? Yes B. Is it served by a railroad? NA C. Is it suitably separated from a residential area? Yes 19. Comments: This property has been used by the City of Thief River Falls for Street Department operations prior to establishment of city zoning. The proposed re-zoning conforms to current land use. Re-zoning is necessary to construct the proposed cold storage building to provide for inside storage of equipment. The proposed General Industrial District (1-2) requires a 75' setback from residential districts. See Notice of Hearing, Checklist, Vicinity Map, Zoning Map and Comprehensive Plan excerpt. 35

36 CRITERIA FOR GRANTING ZONING AMENDMENTS In granting a request for a rezoning, the City Council shall consider the effect of the proposed zoning amendment upon the health, safety, morals, and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings where applicable: 1. That the rezoning conforms to the Comprehensive Plan for the City, as well as, present land uses. 2. That the rezoning will not impede the normal and orderly development and improvement of surround in property for uses predominant in the area. 3. That the rezoning will not adversely affect property values of adjacent landowners. 4. That the rezoning will not impose other undue hardship on adjacent landowners such as noise, electril display signs, odors, or other nuisances. 5. That necessary utilities be available to serve the use intended. 6. That additional public services needed by the rezoning be considered. 7. That alternate areas previously zoned for the intended use be considered. 8. That there is a public need for the proposed land use. 36

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39 -,ROPOSED RE ZONING R-2WqJ-2 lll ~- 1)) ::> r:: (j) ;,. <(, 0 I(J I City of I 'hief Hiver :Fall Comprehensive Plan Proposed Land Use Map legend City Li mils Central Ausirm!;s District (~enm at/n(lighborhomt Cormnerdal I "' ::Jtule l_lwy ~ llighway Commercial Business Warehousn - Industrial i I. ow Density SingiH-Farnily Medium Density Single-Family : Mectium-1-li~th Density Hesiduntifll Hi~Jil Density Residential : M<mufacturcd I lome Pari(. ' 11.: p '.,,,,t I Parks... ~~:.:~~:. ()pen Spaces I 'ublic Buildit1fJS, Schools :)[;f:.~~y Ctrurchus and Cr.rnctcries Hivers State & County Highways City Streets 0 I 0.45 L 0.9 MiiHS _I I his m<lp Is tilted :~ clegreus cnuntercloel\wi:oe. "'' t!ioth Streot NE CS/\Itfl Mcop Cnmtocl Octobm :won Sourcas: City ol 1 hiof J-<ivor l nl/:; Mirutusot<J ONI{ 1\Jot thwut<t /\ssocint<>d C!llmult<mt!; 39

40 City of Thief Ri~e.- falls #7.02 DIRECTOR OF COMMUNITY SERVICES 405 Third Street East PO Box 528 Thief River Falls MN Request for Council Action PHONE: FAX: DATE: Aprill5, 2015 SUBJECT: West 125 feet of Lot 2, Block 1, T&S Addition- Conditional Use Permit RECOMMENDATION: It is respectfully requested that the Council consider the following Planning Commission and Public Works Committee recommendation: Motion to: Approve a Conditional Use Permit for the West 125 feet of Lot 2, Block 1, T&S Addition to allow for the construction of storage units. BACKGROUND: Randy and Sandra Cwikla have purchased the former Loren's Auto Sales property on Highway 1 & 59 West. They are considering constructing a 29-unit storage building on the south portion of the property that fronts on Second Street. KEY ISSUES: City zoning code requires a Conditional Use Permit for storage units. FINANCIAL CONSIDERATIONS: Costs associated with the Conditional Use Permit are paid by Randy and Sandra Cwikla. LEGAL CON SID ERA TION: A Public Hearing was held on August 11th at the Planning Commission Meeting. The Planning Commission recommended the City Council approve the Conditional Use Permit. DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Community Services Director REVIEWED BY: LRK Encl: (6) 40

41 NOTICE OF HEARING PLANNING COMMISSION CITY OF THIEF RIVER FALLS Notice is hereby given, pursuant to Chapter (C) (2) of the Thief River Falls City Code, that Randy and Sandra Cwikla, has submitted a request for a conditional use permit which would allow them to construct a storage facility on the following described real property: West 125 feet of Lot 2, Block 1, T &S Addition. A proposed site plan is available from the Community Services Director. The proposed development includes the construction of a 29 unit storage facility. Notice is further given that the Planning Commission will conduct a Hearing on the Conditional Use Permit request at 5:00P.M. on Tuesday, August 11, 2015, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN All persons wishing to comment on the Conditional Use Permit request will have the option to be heard at this time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the office of the Community Services Director, City Hall, P.O. Box 528, Thief River Falls, MN 56701, or telephone If you have a disability and need an accommodation in order to attend this Hearing, please contact the undersigned as soon as possible or at least 3 working days in advance of the Hearing at the above telephone number. Dated this 21st day of July, CITY OF THIEF RIVER FALLS Mark Borseth Community Services Director & Zoning Administrator Published in the Wednesday, July 29th, 2015, edition of The Times. 41

42 CHECKLIST FOR CONDITIONAL USE REQUEST 1. Applicant (Name/Address/Tel.): Randy and Sandra Cwikla, 135 Fern Road, Thief River Falls, MN General location of the request: West 125 feet Lot 2, Block 1, T&S Addition Third Street West, Thief River Falls, MN Proposed use: The proposed use is to construct a 29 unit storage facility. Currently this is a vacant site. As per General Business District (C-2) (C) (2) Storage Facilities require a Conditional Use Permit (CUP). 4. Dimension of the request: Frontage 125' Depth 220' 5. Area of property in request: Sq. Feet 27,500 Acres 0.63 acres 6. Existing characteristics: Zoning General Business District (C-2)Use Vacant Conforming Yes Non-conforming N/A 7. Adjacent land use: The location borders a storage facility to the east side of the property, commercial property to the north, west and south. 8. Adjacent zoning districts: The location borders General Business District (C-2) on the north, south, east and west side of the property. 9. Characteristics of soils: According to the "Pennington County Soil Survey," soils are predominately Clearwater Clay. The Clearwater series consists of poorly drained, slowly permeable soils in plane or slightly concave basins on glacial lake plains. Slopes range from 0-2%. 10. Can the property be adequately serviced by: A. Storm and sanitary sewer? Yes B. Water and electrical? Yes C. Easement size? TBD 11. Is the proposed Special Use consistent with the Comprehensive Plan? The 2006 Comprehensive Plan indicates that the area in question is established for Highway Commercial (C-2), which is consistent with the proposed use. 42

43 12. Have other pertinent segments of the Comprehensive Plan been considered? NA. 13. Does the property provide, either now or potentially, enough area for adequate off-street parking? NA. A. Will off-street parking be located in the side yard area or the rear yard area? NA. B. Will off-street parking be suitably screened from view? NA. C. Is there adequate room on the property for loading space(s)? Yes 14. If it is a heavy industry, is it readily available to a major thoroughfare and rail lines? N/A 15. Should screening be provided along the boundaries of this property? A buffer is required. 16. Are screened storage and trash areas provided? NA. 17. Are vehicular accessways adequate? Yes. 18. Will the use impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district? No 19. Can it be found that there is a public necessity for the Special Use? Storage facilities continue to be in high demand. 20. What is the general character of the neighborhood? The general character of the neighborhood is other commercial and like use. 21. Are Wetlands or Shore land impacted by this request? No COMMENTS: See Notice of Hearing, Checklist, Vicinity Maps, Zoning Code and application. If the conditional use permit is granted it should be contingent upon merging the two parcels to one, or separating the parcels as indicated on the site plan. If they are to be joined as one parcel the CUP should also be contingent upon the storage facility parcel recording a utility easement to the north parcel for their water and sewer service lines. 43

44 CRITERIA FOR GRANTING CONDITONAL USE PERMITS 1. The establishment, maintenance, or operation of a conditional use will not be detrimental to or endanger the public health, safety, morals, or general welfare. 2. The conditional use will not create an excessive burden on existing parks, schools, streets, and other public facilities and services which serve or are proposed to serve the area. 3. The conditional use will be sufficiently compatible with or separated by distance or screening from adjacent Agriculture or Residential zoned or used land. 4. The structure and site shall have an appearance that will not have an adverse effect upon adjacent agricultural or residential zoned or used land. 5. The conditional use is related to the overall needs of the City and to existing land use. 6. The conditional use is consistent with the purpose of this Chapter and requirements of the Zoning District. 7. The conditional use is not in conflict with the Comprehensive Plan. 8. Adjacent business will not be adversely affected because of curtailment of customer trade brought on by the intrusion of noise, glare, or general unsightliness. 44

45 Thief River Falls - Land Usage 72 (5) Satellite dishes. (6) Signs. (E) Yard requirements. Permitted and Conditional Uses Accessory Uses Lot area, minimum sq. ft. 9,000 Lot frontage, minimum at front yard setback 75 feet Front yard setback 25 feet 25 feet Rear yard setback 20 feet 5 feet Side yard setback, interior 10 feet 10 feet Side yard setback, comer 15 feet 15 feet (F) Additional restrictions. Performance standards and supplemental restrictions are set forth in this Chapter GENERAL USINESS DISTRICT (C-2). (A) Purpose. The General Business District is intended for business establishments that offer a wide variety of goods and services to customers from a large trade area. (B) Permitted uses. (1) Commercial service: buses, cabs, clinics, commercial trade or business schools, dry cleaning, financial institutions, hospitals, medical laboratories, laundries, mortuaries, motels, hotels, radio and television studios, and train stations. (2) Entertainment: private clubs, restaurants, and theaters. (3) Personal services: barbers, beauticians, and shoe repair. (4) Professional services: accountants, attorneys, dentists, doctors, engineers, financial consultants, insurance, realtors, and travel bureaus. (5) Public services: annories, fire stations, government offices, libraries, parks, police stations, public buildings, and publicly-owned parking lots. 45

46 73 Zoning Code (6) Wholesale and retail: apparel, appliances, video, automobile sales, automobile service station and repair garage, bakeries, beverage, book, candy, carpet, hardware, jewelry, lumber yards, motels, music, office supply, nursery stock, plumbing and heating wholesale showrooms, and variety stores. (7) Religious: churches, convents, monasteries, mosques, nunneries, seminaries, synagogues, temples, and all other religious institutions or places of religious assembly. {C) Conditional uses. (1) Retail and wholesale: agricultural implement dealerships, beer and liquor establishments (on and off sale), lumber yards, manufactured home sales lots, pet and animal shops or clinics, shopping centers, and taxidermists. (2) Storage facilities. (3) Commercial services: delivery and express businesses. ( 4) Publicly-owned recreational camping areas and privately-owned recreational camping areas. (5) Surface water-oriented commercial uses. (D) Accessory uses. (1) Accessory buildings and structures, including surface water-oriented structures accessory to commercial uses. (2) Buffers. (3) Essential services. (4) Fences. (5) Loading areas. (6) Parking lots. (7) Satellite dishes. (8) Signs. 46

47 Thief River Falls -Land Usage 74 (E) Yard requirements. (1) General yard requirements. Permitted and Conditional Uses Accessory Uses Lot area, minimum sq. ft. 7,000 Lot frontage, minimum at front yard setback Lot frontage for shoreland, minimum at front yard setback 50 feet 100 feet Front yard setback 25 feet 25 feet Rear yard setback 20 feet 5 feet Side yard setback, interior 15 feet 15 feet Side yard setback, corner 15 feet 15 feet Shoreland setback Sewered lots 50 feet 50 feet Unsewered lots 100 feet 50 feet Sewage treatment system 75 feet (2) Nongeneral yard requirements. The above general yard requirements shall apply, except as follows: (a) Principal buildings in excess of 3,000 square feet of gross floor area shall have a minimum lot area equal to 2.5 times the gross floor area ofthe principal buildings; (b) General business uses adjacent to a frontage street shall have a front yard setback of no less than 25 feet beginning at the interior edge of the frontage street; (c) Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland; (d) Signs: additional yard requirements for signs are set forth in this Chapter; and, (e) Setbacks for the following uses located within the shoreland shall not be less than: 1. Bait and fish houses: 10 feet. 2. Boat docks: 0 feet. 47

48 75 Zoning Code Detached decks: 10 feet. 4. Fences: 0 feet. 5. Gazebos and screen houses: 10 feet. 6. Recreational equipment: 10 feet. 7. Satellite dishes: 30 feet. 8. Signs: 5 feet. (F) Additional restrictions. Performance standards and supplemental restrictions are set forth in this Chapter CENTRAL BUSINESS DISTRICT (C-3). (A) Purpose. The Central Business District recognizes the existing downtown development and the need for future expansion, rehabilitation, and redevelopment. (B) Permitted uses. (1) Commercial services: buses, cabs, clinics, commercial trade or business schools, dry cleaning, financial institutions, hospitals, medical laboratories, laundries, mortuaries, motels, hotels, radio and television studios, and train stations. (2) Entertainment: private clubs, restaurants, and theaters. (3) Personal services: barbers, beauticians, and shoe repair. (4) Professional services: accountants, attorneys, dentists, doctors, engineers, fmancial consultants, insurance, realtors, and travel bureaus. (5) Public services: armories, ftre stations, government offices, libraries, parks, police stations, public buildings, and publicly-owned parking lots. (6) Retail: apparel, appliance, video, automobile parts, bakeries, beverage, book, candy, carpet, department, drugs, fabric, flower, furniture, grocery, hardware, jewelry, music, office supply, and variety stores. (7) Religious: churches, convents, monasteries, mosques, nunneries, seminaries, synagogues, temples, and all other religious institutions or places of religious assembly. 48

49 87 Zoning Code (6) Any place designated as a loading area shall not be used for the storage of goods, inoperable vehicles, or be included as part of the space requirements necessary to meet the off-street parking area. (F) Storage facilities in General Business Districts (C-2~. (1) All storage shall be conducted within buildings. (2) Maximum height of sidewalls of any building used for storage shall be J I feet. (3) No hazardous materials as defined by federal law or state law shall be allowed on the premises. (4) ~All storage facilities located in Commercial Zoning Districts shall provide a buffer strip 35 feet in width between the storage facility and adjacent property. (a) The buffer strip shall be landscaped with vegetation. (b) The buffer strip shall be screened with a s-ight-obscuring fence eight feet in height or vegetation of sufficient type, density, and height so as to provide year round -screening acceptable to the Zonin '1\dministrator and City Forester. (c) All landscaping and screening shall be maintained. strip. (d) Aecessory buildings, Q_arking lots, and storage shall not be permitted in the buffer (G) Storage facilities in Central Business District (C-3). (1) All storage shall be conducted within buildings. (2) Storage shall only be for goods used or sold within the principal building on the property. Amended: Ordinance 21, 3rd Series Amended: Ordinance 22, 3rd Series GENERAL REGULATIONS DWELLING UNITS PROHIBITED. No accessory building, basement, garage, recreational camping vehicle, or tent shall be used as a dwelling. The basement portion of a finished home or apartment may be used for normal eating and sleeping purposes, provided it is properly damp proofed, has suitable fire protection and exits, and is otherwise approved by the Building Official. 49

50 ' r ' 2ND 50

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52 - I a.. C-2 IT 125' L{)T 2, BLOCK 1 f!.s ADDITION..' -.. CONDtT10NAL.~'USE; PERMIT ' ' " FAIRGROUNDS R ARCfiCCAT WEST 125'l::OT-.2 BLQrK 1 T&S ADDITION CONDITIONAL USE PERMIT DATED. Jt:JL Y 20, 2015

53 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION #7.02 RESOLUTION NO. : APPROVAL OF A CONDITIONAL USE PERMIT FOR RANDY & SANDRA CWIKLA A Planning Commission recommendation was presented. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, pursuant to proper notice, the Planning Commission conducted a public hearing on August 11,2015, for a Conditional Use Permit request by Randy and Sandra Cwikla, for the West 125 feet of Lot 2, Block 1, T &S addition to allow for the construction of storage units; and WHEREAS, Randy and Sandra Cwikla have purchased the former Loren's Auto Sales property on Highway 1 & 59 West. They are considering constructing a 29-unit storage building on the south portion of the property that fronts on Second Street; and WHEREAS, following the public hearing, the Planning Commission recommends approval of the Conditional Use Permit based on the fact that the request meets all of the eight criteria. THEREFORE, BE IT RESOLVED, by the City Council, to accept the Planning Commission's recommendation and approve a Conditional Use Permit for the West 125 feet of Lot 2, Block 1, T &S Addition to allow for the construction of storage units Presented at the August 18, 2015 Council Meeting Introduced by: Seconded by: Roll Call (if required): _Holmer_Howe Sollom _Hagen _Brown _ Prudhomme _ Schmalz _Narverud Notes:

54 U") ""',.... ~ ~ ~ '\'.. 1\,. ~--....,~ = ~ ~~-. -~'tl ~; '... ~- ~ ~.~ II' ' - "... PLEASE JOIN US FOR THE dedication! Thursday,August20,2015 5:30- Dedication 6:30 - Supper Ralph Engelstad Arena 525 Brooks Ave. N. Thief River Falls RSVP by August 14th Pennington SWCD (218)