THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY - JULY 7, …F0A915C0... · This money will go back...

THIEF RIVER FALLS CITY COUNCIL AGENDA

TUESDAY - JULY 7, 2020

COUNCIL CHAMBERS CITY HALL - 405 3RD STREET EAST 5:30 PM

City of Thief River Falls Mayor Brian Holmer Determination Regarding Conducting Meetings by Telephone or Other Electronic Means - per Directive 2020-6

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. PUBLIC FORUM - Individuals may address the City C01mcil about any item not included 011 the regular agenda. A maximum of 5 mi11utes is allotted for the public forum. Speakers are reque.~ted to dial: 408-418-9388 and then enter access code: 623 986 425 (I/you are having issues con1Jecti11g call 218-689-3 612), 5Jate their name at1d address for tile recnrd, and limit their remarks to five mi,1utes. Th e City Council will not take official action on itemf di~·cussed at tliis timl!, witll the exception nf referral to staff or a conuriittee, board or commis.~ion for a future report.

5. PRESENTATIONS/PROCLAMATIONS/PUBLIC INFORMAT ION ANNOUNCEMENTS

• 20 19 Audit - Hoffman, Philipp & Knutson PLLC

6. APPROVE AGENDA - Co1mcil members may add item5 to the agenda/or disCJt.rsion purposes nr staff direction. The Council will not normally take official action on items added to the agenda.

7. CO NS ENT AG END A - These items are con5idered routinein 11aturumd ure approved with one motion without discussion/debate. The Mayor will a.~k if any Council member wishes to remove an item and place it on the reg1dar agenda for discussion and con$ideration. If tw items are to he removed, the Mayor will the11 a.~k for a 'rwtio11 to approve the Con.~ent Agenda.

7.01 Approval of June 16, 2020 Council Proceedings (page 3-15) 7.02 City of Thief River Falls Bills and Disbursements (see attachment) 7.03 Resolution extending the state of emergency for COVID-1 9 pandemic through

July 13, 2020 (page 16) 7.04 Approval of beer in the park permit (page 17-18) 7.05 Approval of progression raise for Jaeger Bellows, Deputy Chief of Police (page

19-20) 7.06 Approval of Lease Agreement with TRF Stoked LLC (page 21-40)

8. NEW BUSINESS

8.01 Second reading of ordinance amending city code chapter city code 293.1 and 293.2, table of special ordinances, cable franchise (page 41-42)

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Approval of ordinance amending city rode chapter city code 293 .1 and 293 .2, table of special ordinances, cable franchise

8.02 Approval of conditional use permit and variance for MTH of Bemidji, LLC (page 43-66)

8.03 Approval to fill Patrol Officer position (page 67-68)

9. COUNCIL BOARDS AND COMMISSIONS REPORTS- Not all boardsorco111missio11s will have met prior to tire Cowicil meeting. These reports are intended to keep t/1e other cou11cil nU!mbe~ l11forn~d of actio11s or proposed actions taken by these boards and commissions. Only those with soltldhing to report would be on the agenda.

10. UPCOMING MEETINGS

10.0 I Utilities Committee Meeting - July 13th at 7:00 a.m. 10.02 Public Safety/Liquor Committee Meeting - July 13th at 4:30 p.m. 10.03 Administrative Services Committee Meeting - July 14th at 3:00 p.m. 10.04 Public Works Committee Meeting - July 15th at 4:30 p.m. l 0.05 City Council Meeting - July 215t at 5:30 p.m.

1.1. INFORMATIONAL ITEMS

t 1.0 l Planning Commission resignation (page 69)

12. 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 5670 I. 2 18-681-2943, 48 hours prior to the scheduled meeting.

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COUNCIL PROCEEDINGS I #1.01

JUNE 16, 2020

The City Council of Thief River Falls, Minnesota, met in regular session at 5:30 p.m. on June 16, 2020 in the Council Chambers of City Hall. The following Councilmembers were present: Holmer, Howe, Lorenson, Narverud, Brown, Aarestad, Prudhonune and Sollom. No Councilmembers were absent. Mayor Holmer chaired the meeting.

AP PROV AL OF AGENDA

Councilmember Narverud motioned, being seconded by Councilmember Lorenson, to approve the agenda with the addition of five items. On vote being taken, the motion was unanimously approved.

RESOLUTION NO. 6-111-20: APPROVAL OF COUNCIL PROCEEDINGS

Presented as part of the Consent Agenda, Councilmember Lorenson introduced Resolution No. 6-111-20, being seconded by Councilmember Howe, that:

BE IT RESOLVED, by the City Council, to approve May 29, 2020 Special Council Proceedings and June 2, 2020 Council Proceedings.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 6-112-20: APPROVAL OF CHANGE ORDER NO. 3 & 4 WITH RJ ZA VORAL AND SONS CONSTRUCTION CONTRACT

Presented as part of the Consent Agenda, Councilmember Lorenson introduced Resolution No. 6-112-20, being seconded by Councilmember Howe, that

WHEREAS, the Waste Water Force Main replacement route starts at Lift Station# 9 at Oakland Park Road and Greenwood Street, continues West to the treatment ponds. To cross under State Trunk Highway# 32, a 30" casing pipe must be jacked across to protect the new main and satisfy the permit from the Minnesota Depai1ment of Transportation. This diagonal intersection has numerous Utility crossings, along with a new 54" storm sewer pipe that is being installed. In order to safely install the new Sanitary force main Change Order No. 3 extends the casing pipe 18' to the West of the original plan and will tie in with the casing pipe under the Railroad bridge. Change Order No. 4 will extend the 30" casing 23' to the East of the original plan and will extend past the fiberoptic crossings and the power pole shared by the City Of Thief River Falls and Red Lake Electric Coop.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Utilities Committee recommendation to approve Change Order No. 3 in the amount of $12,204.00 and Change Order No. 4 in the amount of$ 15,594.00 with RJ Zavoral and Sons Construction Contract.


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Council Proceedings June 16, 2020 Page 2of13

RESOLUTION NO. 6-113-20: APPROVAL OF 2021 INTERNATIONAL GARBAGE TRUCK LEASE/PURCHASE AGREEMENT NO. CIT6627-102

Presented as part of the Consent Agenda, Councilmember Lorenson introduced Resolution No. 6-113-20. being seconded by Councilmember Howe, that:

BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to approve the lease/purchase agreement with Kinetic Leasing for the 2021 International Garbage Truck; and authorize the Mayor and Administrator to execute the agreement: Section I. Recitals and Authorization. The Issuer, as Jessee, has heretofore entered into a Lease with Option to Purchase Agreement #CIT6627-102 dated as of June 10, 2020 (the Lease), with Kinetic Leasing, Inc., as I essor. It is here by determined that it is necessary and desirable and in the best interests of the Issuer to enter into the Lease for the purposes therein specified, and the execution and delivery of the Lease by the Issuer are hereby approved, ratified and confirmed.

Section 2. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(ii) of the Internal Revenue Code of 1986 (the Code), the Issuer hereby specifically designates the Lease as a "quaiified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Issuer hereby represents that the Issuer will not designate more than $ 10,000,000 of obligations issued by the Issuer in the calendar year during which the Lease is executed and delivered as such "qualified tax-exempt obligations."

Section 3. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Issuer hereby represents that the Issuer (including all "subordinate entities" of the Issuer within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Lease is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000.


RESOLUTION NO. 6-114-20: APPROVAL OF NOPERS FIFTH ADDITION EASEMENT VACATION


WHEREAS, the City of Thief River Falls purchased a portion of the Noper Development property and platted it as Nopers Fifth Addition. The city located the new Electric Department Facility on Lot 1, Block 1 and publicly advertised Lots 2 and 3 for sale. These lots were purchased by Prairie Lakes Management, LLC to construct three 29-unit apartment buildings; and

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WHEREAS, Prairie Lakes Management has developed a site plan for the apartment construction and has a conflict with a portion of the 35' easement along the north side of the parcel and the 20' easement that was platted centered on the lot line common to Lots 2 and 3. They have requested the city vacate these easements.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to approve vacating the south 20' of the 35' drainage, buffer and utility easement along the north side of Lots 2 and 3, Block 1, Nopers Fifth Addition; and the 20' utility easement centered on the lot line common to Lot 2 and 3, Block 1, Nopers Fifth Addition.


RESOLUTION NO. 6-115-20: APPROVAL OF SMALL CITIES DEVELOPMENT GRANT PROGRAM - PARTIAL LOAN FORGIVENESS


WHEREAS, the City of Thief River Falls received a DEED grant in 2016 to renovate owner occupied homes in a target area for low to moderate income households. This program is being administered by the Northwest Minnesota Housing and Redevelopment Authority. Doris Dee borrowed $25,351.00 in January of2018 to renovate her home. Under the requirements at this time no payments are required and if the homeowner stays in the house for 7 years the entire loan amount is forgiven; and

WHEREAS, Doris has a medical condition that will not allow her to stay in her home. Her daughter has requested the city council consider forgiving her loan amount for the 28 months she lived there. The forgiveness amount is $8,450.40. When the house is sold the city will be paid $16,900.60. This money will go back into the revolving loan program for future renovation of another home. DEED does allow exceptions with extraordinary medical conditions.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to approve a partial loan forgiveness for Doris Dee, 122 St. Paul Avenue North and authorize the Mayor and City Administrator to execute the release.


RESOLUTION NO. 6-116-20: APPROVAL OF HOSTED SOLUTION FOR HARRIS SMARTWORKS


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WHEREAS, Harris SmartWorks software was approved by city council on April 21, 2020. The City presently does not have a server that would meet the criteria of the software. With all costs considered included server, licensing, maintenance, backups, and security the most efficient and cost effective option is to utilize Harris' hosted solution.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Administrative Services and Utilities Committee recommendation to approve the City of Thief River Falls to move to a hosted solution with Harris SmartWorks.


RESOLUTION NO. 6-117-20: APPROVAL OF QUOTE FROM ANDERSON EXCAVATING FOR STORM SEWER REPAIR


WHEREAS, the segment of 54" CMP Arch Pipe that crosses Atlantic Avenue recently collapsed due to corrosion and is creating an unsafe condition. Quotes were received from Olson Construction and Anderson Excavating to furnish and install 58" RCP Arch Pipe through the roadway and 12" RCP to two catch basins. The city will be responsible for curb & gutter replacement and bituminous patching.

THEREFORE, BE IT RESOLVED, by the City Council, to approve the quote from Anderson Excavating to replace 90 L.F. of 58" RCP Arch storm sewer and 40 L.F. 12" RCP on the 1000 Block Atlantic Avenue in the amount of$26,650.00.


RESOLUTION NO. 6-118-20: APPROVAL OF PAYMENT OF BILLS

Pulled from the consent agenda and removing payment of boot reimbursement for Wittenberg, Councilmember Brown introduced Resolution No. 6-118-20, being seconded by Councilmember Prudhomme, that:

BE IT RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of$1,347,857.31. A printout of the approved payments and disbursements is attached hereto and made a part hereof.


PROGRESSION RAISE FOR JAEGER BELLOWS, DEPUTY CHIEF OF POLICE

Councilmember Sollom motioned, being seconded by Councilmember Brown, to deny the progression raise for Jaeger Bellows, Deputy Chief of Police. After discussion, Councilmember Aarestad motioned, being seconded by Councilmember Prudhomme, to amend previous motion

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Council Proceedings June 16, 2020 Page 5 of l3

and move the discussion of the progression raise for Jaeger Bellows, Deputy Chief of Police to Committee of the Whole. On vote being taken, the motion was unanimously approved.

RESOLUTION NO. 6-119-20: APPROVAL OF IMPLEM_ENTATION OF A BODY WORN CAMERA (BWC) PROGRAM IN THE POLICE DEPARTMENT

A request for council action was reviewed. Following discussion, Councilmember Aarestad introduced Resolution No. 6-119-20, being seconded by Councilmember Narverud, that:

WHEREAS, Body worn cameras have become a staple of evidence collection and enhanced accountability in the law enforcement community. Minnesota State Statute 626.8473 requires an oppo1tunity for public comment before an agency can purchase or implement a portable recording system and further requires a written policy be adopted. These topics have been under discussion with the Public Safety Committee for several months with the consensus to present the matter to the city council; and

WHEREAS, the statutory requirements for providing an opportunity for public comment have been satisfied by publishing an e-mail address specifically for inviting public comment and by posting a public hearing on the topic at the June 2nd TRF City Council meeting. A preliminary draft of a written policy is prepared and will be finalized at a later date. Council approval is required before a BWC program can move forward to the budgeting stage for future purchase of the necessary equipment and data management systems.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Safety/Liquor Committee recommendation to approve the implementation of a body worn camera program in the Thief River Falls Police Department.

On vote being taken, the r:esolution was unanimously passed.

RESOLUTION NO. 6-120-20: RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE

Following discussion, Councilmember Brown introduced Resolution No. 6-120-20, being seconded by Councilmember Sollom, 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 1.150-2 (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.

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Council Proceedings June I 6, 2020 Page 6 of l3

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.

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 maxi~um 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"

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Council Proceedings June 16, 2020

Page 7of13

described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the otiginal 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.

EXHIBIT A

Declaration of Official Intent

The undersigned, being the duly appointed and acting Administrator of the City of Thief River Falls, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section l. t 50-2 (the "Regulations"), under the lnternal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows:

l. The undersigned has been and is on the date hereof duly authorized by the Thief Riv-er Falls City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City.

2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed:

HIGHWAY No. 1 WEST .RECONSTRUCTION ($514,000) Software (ESRI $25,000/HARRIS $189,000)

3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $530,000 is the maximum principal amount of the Bonds which will be issued to finance the Project.

4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2( d)(3) of the Regulations.

5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate.


RESOLUTION NO. 6-121-20: APPROVAL OF ADOPTION OF PREPAREDNESS PLAN RELATING TO COVID-19

A request for council action was reviewed. Following discussion, Councilmember Brown introduced Resolution No. 6-12 1-20, being seconded by Councilmember Narverud, that

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WHEREAS, in compliance with Governor Walz's executive Order 20-74, the City must by June 29, 2020, develop and implement a COVID-19 Preparedness Plan that for Critical Sector businesses that complies with Centers for Disease Control and Prevention (CDC) and Minnesota Department of Health (MDH) COVID-19 guidelines and OSHA standards; and

WHEREAS, the City will continue to monitor and update the plan as needed.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Administrative Services Committee recommendation to adopt the Preparedness Plan relating to COVID-19. The Preparedness Plan addresses infection prevention measures; prompt identification and isolation of sick persons; engineering and administrative controls for social distancing; cleaning, disinfecting, decontamination and ventilation; communications and training for managers and workers necessary to implement the plan; and provision of management and supervision necessary to ensure effective ongoing implementation of the plan.

On vote being taken, the resolution was unanimously passed .

. RESOLUTION NO. 6-122-20: APPROVAL OF CINDY SELE VARIANCE REQUEST

A request for council action was reviewed. Following discussion, Councilmember Sollom introduced Resolution No. 6-122-20, being seconded by Councilmember Brown, that:

WHEREAS, Cindy Cele, 321 Merriam Avenue North, owns a single family home next door to her residence that she operates as a daycare. She would like to add on to this home with an expansion of the front entry. The existing entry, which would remain, is 10 feet from the right-of-way. She would like to add on to the south side of this entry in line with the east wall 10' from the right-of-way.

WHEREAS, to place the addition on her existing entry a 15' variance to the 25' front yard setback would be required. If she were to add onto the house and meet the required setbacks it would require substantial reconstruction to the existing home and conflict with existing utilities.

WHEREAS, a Public Hearing was held by the Planning Commission to review this request.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Planning Commission recommendation to approve a l 5' variance to the front yard setback to the real property legally described as Lots 14 and 15, Block 9, Red Lake Rapids Addition to Thief River Falls, Minnesota.


RESOLUTION NO. 6-123-20: APPROVAL OF JEFF BROUSE VARIANCE REQUEST

A request for council action was reviewed. Following discussion, Councilmember Brown introduced Resolution No. 6-123-2Q.. being seconded by Councilmember Aarestad, that:

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Page 9 of 13

WHEREAS, Jeff Brouse owns and operates a body shop at 703 Atlantic A venue North. A portion of his roof was damaged by heavy snow last year that will require full rafter replacement. While unde1iaking this repair Mr. Brouse would like to extend his building 16' to the west to house his frame rack that is taking up space in his shop work area.

WHEREAS, This property in a General Business District (C-2) as an allowable use. There is a 20' rear yard setback in this district. Mr. Brouse would need a 7' Variance to the rear yard setback and a 17' Variance to the buffer between commercial and residential. His proposed addition would align with the north wall of the southerly portion of the existing building.


THEREFORE, BE TT RESOLVED, by the City Council, to accept the Planning Commission recommendation to approve a 7' Variance to the 20' rear yard setback and a 17' variance to the 35' buffer for Jeff Brouse, 703 Atlantic Avenue North, Thief River Falls, Minnesota.


FREDERICK AND THERESE EISBRENER CONDITIONAL USE PERMIT AND VARIAN CE REQUEST

Public Works Director Borseth reviewed an application for a Conditional Use Permit and variance from Frederick and Therese Eisbrener. The Planning Commission recommendation to not approve a Conditional Use Permit for Frederick and Therese Eisbrener, 313 3rd Street East, Thief River Falls, Minnesota for a residential use in the Central Business District (C-3); and not approve a Variance to allow the residential use on the main or lower level. Following discussion, Councilmember Narverud motioned, being seconded by Councilmember Aarestad to accept the Planning Commission, and deny the Conditional Use Permit and Variance request. On vote being taken, the motion was unanimously approved.

CONDITIONAL USE PERMIT AND VARIANCE FOR MTH OF BEMIDJI, LLC

Public Works Director Borseth reviewed an application for a Conditional Use Permit and variance request from MTH of Bemidji. The Planning Commission recommendation was to approve a Conditional Use Permit for up to 60% impervious area, and not approve Variances for 1.25 parking spaces per unit and 31,810 S.F. to the minimum lot area requirement for MTH of Bemidji, LLC for property located at 1301 First Street West. The applicant did not attend hearing as they did not receive notice because of an address change. Following discussion, Councilmember Narverud motioned, being seconded by Councilmember Howe to move the discussion back to the Planning Commission for the rehearing. On vote being taken, the motion was unanimously approved.

RESOLUTION NO. 6-124-20: APPROVAL OF CONDITIONAL USE PERMIT

A request for council action was reviewed. Following discussion, Councilmember Sollom introduced Resolution No. 6-124-20. being seconded by Councilmember Brown, that:

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WHEREAS, .Prairie Lakes Management is in the process of purchasing Lots 2 and 3, Block 1, Nopers Fifth Addition from the City of Thief River Falls to construct three 29-unit market rate apartment buildings. City code requires a maximum of 40% impervious are or up to 60% impervious area with a Conditional Use Permit; and

WHEREAS, Prairie Lakes Management bas applied for a Conditional Use Permit to allow 50% impervious area. This is the area of all roofs, sidewalks and parking lots. In order to maximize the number of units, meet the parking requirements of two stalls for each apartment, allow room for a storm water treatment pond and make the project economically feasible this Conditional Use Permit is necessary; and


THEREFORE, BE IT RESOLVED, by the City Council, to accept the Planning Commission recommendation to approve a approve a Conditional Use Pe1mit for Prairie Lakes Management for Lots 2 and 3, Block 1, Nopers Fifth Addition to allow up to 50% impervious area.


RESOLUTION NO. 6-125-20: APPROVAL OF THIEF RIVER FALLS TAKE DOWN CLUB PREMISES PERMIT APPLICATION FOR GAMBLING LICENSE AT FOZZlE'S SMOKIN BAR 8 Q, LLC

Following discussion, Councilmember Howe introduced Resolution No. 6-125-20, being seconded by Councilmember Prudhomme, that:

RESOLVED, by the City Council, to approve Thief River Falls Take Down Club Premises Permit Application for gambling activities (pulltabs) at the Fozzie's Smokin Bar B Q,LLC.

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.


FIRST READlNG OF AN ORDINANCE OF THE CITY OF THJEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER CITY CODE 293.1and293.2, TABLE OF SPECIAL ORDINANCES, CABLE FRANCHISE, BY AMENDING SUBD. 2.C ''GROSS REVENUE" DEFINITION AND DELETING SUBD. 2.D, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 10, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS

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Councilmember Sollom motioned, being seconded by councilmember Brown, to call for the first reading of an ordinance of the City of Thief River Falls, MiMesota, by amending city code chapter city code 293. 1 and 293.2, table of special ordinances, cable franchise, by amending subd. 2.c ':gross revenue" definition and deleting subd. 2.d, and adopting by reference city code chapter I 0, which, among other things, contain penalty provisions. The motion carried.

City Attorney Sparby read the proposed ordinance. No action was taken at this time and this ordinance will again be presented at the next council meeting.

RESOLUTION NO. 6-126-20: APPROVAL TO PROCEED WITH AN APPOINTMENT OF AN INTERIM POLICE CHIEF

A request for council action was reviewed. Following discussion, Councilmember Prudhomme introduced Resolution No. 6-126-20, being seconded by Councilmember Lorenson, that:

WHEREAS, the Public Safety Committee has requested that interested persons in the Thief River Falls Police Department submit letters of interest and a resume stating their interest in the interim position; and

WHEREAS, as in past practice, an interim's pay scale is an additional payment per month equal to the midpoint difference between the two positions being affected.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Safety Committee recommendation to proceed with an appointment of an Interim Police Chief.


RESOLUTION NO. 6-127-20: APPROVAL TO APPOINT MARISSA ADAMS AS INTERIM CHIEF OF POLICE

A request for council action was reviewed. Following discussion, Councilmember Sollom introduced Resolution No. 6-127-20, being seconded by Councilmember Brown, that:

WHEREAS, Police Chief, Dick Wittenberg, is retiring the end of June, 2020.; and

WHEREAS, per Resolution No. 6-126-20, to continue efficient operations of the Police Department, an interim will be hired until such time a Police Chief is determined.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Safety Committee recommendation to appoint Marissa Adam, Investigator, as the Interim Police Chief, effective July 1, 2020. Officer Adam shall receive additional compensation in the amount of $1,327.50 per month pay for the additional duties. Officer Adam wilt continue in her position as Investigator and work with the Deputy Chief in the duties set forth as the Chief of Police.

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BE IT FURTHER RESOLVED, by the City Council, being Officer Adam is a LELS union member that if, and until, a memo of understanding between the City and the LELS Union is

agreed upon that Officer Adam cannot perform certain managerial duties.


Discussion was had on the council, committee, department heads and a process to move forward. League of MN Cities training, department head reviews and the strategic plan was discussed.

FILLING THE CHIEF OF POLICE POSITION

Further discussion was had on filling the Chief of Police position. Following discussion, Councilmember Prudhomme motioned, being seconded by Councilmember Sollom, to create a memorandum of understanding with LELS and to revisit the hiring of Chief of Police at the August 18, 2020 Council meeting. On vote being taken, the motion passed by a seven to one vote with Holmer voting Nay.

COUNCIL BOARD AND COMMISSIONS REPORTS

• Howe reported on the Public Works Committee and that weed/grass checks includes weed eating. Also, for the public to not park their campers and boats on the streets.

• Howe reported there will be a ribbon cutting ceremony for Denver Air Friday June 19th. • Holmer reported on COVID- 19 funding.

LINE3

Mayor Holmer reported in support ofline 3. Following discussion, Councilmember Sollom motioned, being seconded by Councilmember Aarestad, for Mayor Holmer to sign a letter of support for Line 3. On vote being taken, the motion was unanimously approved.

UPCOMING MEETINGS/EVENTS

• Committee of the Whole-June 301h at 5:30 p.m. • City Council Meeting - July 7th at 5:30 p.m. • Utilities Committee Meeting - July 13th at 7:00 a.m. • Public Safety/Liquor Committee Meeting - July 13th at 4:30 p.m. • Administrative Services Committee Meeting-July l41h at 3:00 p.m. • Public Works Committee Meeting -July 151h at 4:30 p.m. • City Council Meeting - July 21st at 5:30 p.m.

INFORMATIONAL ITEMS

• Investment summary dated 5/3 l/20

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ADJOURNMENT

Council Proceedings June 16, 2020 Page 13of1 3

There being no further discussion, Councilmember Prudhomme moved, being seconded by Councilmember Lorenson to adjourn to the Committee of the Whole meeting on June 301h at 5:30 p.m. On vote being taken, the Chair declared the motion unanimously carried.

Brian D. Holmer, Mayor

Angela Philipp, City Administrator

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.03 I

RESOLUTION NO. : RESOLUTION EXTENDING THE STATE OF EME RGENCY FOR COVID-19 PANDEMIC THROUGH JULY 13, 2020

Presented as part of the Consent Agenda, Councilmember __ introduced Resolution No., being seconded by Councilmember that:

WHEREAS, a State of Emergency for the COVID-19 Pandemic Event was declared by the City of Thief River Falls originally per Resolution No. 3-55-20 on March 17, 2020; and

WHEREAS, the State of Emergency has been extended again.

NOW, THEREFORE, The City of Thief River Falls declares the City of Thief River Falls, Minnesota in a State of Emergency through July 13, 2020 or until circumstances no longer require a State of Emergency.

Presented at the July 7, 2020 Council Meeting

Introduced by: - - - - - - - - - --

Seconded by: __________ _

Roll Call (if required): Holmer Howe Soltom Lorenson Brown Prudhomme Aarestad Narverud

Notes: ------------------------~

16

CITY OF THIEF RIVER FALLS

Beer in the Park Permit ***(UP TO 3.2 MALT LIQUOR ONLY}"*"'

City Code Section 111.048

***Application must be presented to the City Council for approval prior to the event***

Applicant: Vfi.u rosr ~·T~ .3 (organization name if applicable)

Contact Person: __ ~--L\-------1 _,_W-=-k(--t----------

Address: la.3 ~~ ~ bJ ':tRF) fJt?9 5ta=ib I

Phone: ~ / <tf- [9ff/ ·-/~I/ -------='"---------------~

Date of Event: ~/I// tf'.,tJ &.-0 <?/t/ k> Park to be Use-d:--O""""-'•r--'4:._,,,__;;.~--d-/f;_{J11._f__ ______ _ __ ___;;;__..;....__.;.._ _ __;_ ___________ _ Hours: __ ...:.._/..:;....;<...._n...:.....:....trb~n_,__ __ to 5ptn

iln L d A J/1" 4.. r,~ L ( Type of Event: _ __._IL_"-'_R __ v---'"\A''--._..::. _ _ 'ir _ _,_~----'----'-J+--11'{2'---l Oz....;;.;;_;;-'-(--={J"'-----

Approximate number of persons attending: ___ 0_0 ______ _

Has the park been reserved with the Parks and Recreation Department? X. YES . ___ NO

I understand that no financial transaction may occur at this event for chargi11g, directly or indirectly, for the sale of 3.2 malt liquor (i.e. admission, cover charge) 'I. YES NO

I understand that the permit allows for the consumption of 3.2 malt liquor onlv. No strong beer, wine, or intoxicating liquor is allowed. -../. YES NO

Please, do not bring glass containers to the parks! Aluminum or plastic containers create less safety hazards. we ask that you put your garbage in the cans provided following your event. Help us keep our parks clean!!

Applicant understands that all information contained on this application is public data according to Chapter 13 of the Minnesota State Statute. Failure to provide the requested infonnation may result in the application being denied.

SIGNATURE OF APPLICANT: _ __cA~--=-~_:__-=::====;::;:::====~~=d==:::s~--For Office-Use Only:_ DATE .. Ai>PL(CAT(C>f':I RECEIVED ------ DATE ¢F·COVN9li A¢TION ____ _ 7


RESOLUTION NO. : APPROVAL OF BEER IN THE PARK PERMIT

I #7.04 I

Presented as part of the Consent Agenda, Councilmernber __ introduced Resolution No., being seconded by Councilmember _ _ , that:

RESOLVED, by the City Council, to grant the following a Beer in the Park Permit to allow for the consumption of 3.2% malt liquor in the park:

• VFW Post 27993 at Oakland Park from 12:00 p.m. until 5:00 p.m. on August 9, 2020


Introduced by:-----------


Roll Call (if required): _Holmer_Howe Sollom Lorenson Brown Prudhomme Aarestad

Narverud

Notes: ------------------------~

18

City of Thief River Falls I #7.as I

Police Department

102 West First Street, P.O. Box 413 Thief River Falls, MN 56701

PHONE: 218 681-6161 FAX: 218 683-7006

Request for Council Action

Date: July 7, 2020

Subject: Approve progression raise for Jaeger Bellows, Deputy Chief of Police

RECOMMENDATION: It is respectfully requested the Council consider the following:

Motion To: Accept the Public Safety Committee recommendation to grant Jaeger Bellows, Deputy Chief of Police, a progression raise. Deputy Chief Bellows shall progress to the top of the MAPS Grade Level 10 salary schedule for a new salary of $7,274 per month, effective June 26, 2020.

BACKGROUND: Officer Bellows has successfully completed his one-year probationary period as the Deputy Chief and is eligible for the progression raise.

FINANCIAL CONSIDERATION: This is a budgeted item for 2020.

DEPARTMENT/RESPONSIBLE PERSON: Dick Wittenberg, Chief of Police.

19


J #?.as I

RESOLUTION NO. : APPROVAL OF PROGRESSION RAISE FOR JAEGER BELLOWS, DEPUTY CHIEF OF POLICE

Presented as part of the Consent Agenda, Cotmcilmember _ _ introduced Resolution No. , being seconded by Councilmember , that:

WHEREAS, Officer Bellows has successfully completed his one-year probationary period as the Deputy Chief and is eligible for the progression raise.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Safety/Liquor Committee recommendation to grant Jaeger Bellows, Deputy Chief of Police, a progression raise. Deputy Chief Bellows shall progress to the top of the MAPS Grade Level 10 salary schedule for a new salary of $7,274 per month, effective June 26, 2020.



Roll Call (if requh·ed): Holmer_Howe Soll om Lorenson Brown Prudhomme Aarestad Narverud

Notes: ~-------------------------

20

Subject:

Recommendation:

Motion:

Background:

• • • • • • • • • • • • • • • • ••• • •

VenuWorks Request for Council Action

June 30, 2020

TRF Norskies Lease Agreement 2020-2021

It is respectfully requested that the Thief River Falls City Council consider the following:

To accept the 2020-2021 TRF Norskies lease and authorize the Executive Director of VenuWorks of TRF, MN and the City Administ rator to sign for approval. The TRF Norskies lease is renewable each year. The Committee of the Whole committee recommended the following after VenuWorks of TRF, MN LLC., presented on June 301

", 2020. • Team shall pay an inclusive rent of $1300.00 per home game for

regular, pre and post season games.

• Incremental Rebate (Share of food and beverage revenue)- $1.00 per person attending each TRF Norskie scheduled hockey game. There are 4 major "Group Nights" proposed to be scheduled: Textron, Digi-Key, St. Bernards and Sanford Health. The 4 designated "Group Nights", as defined, will include an additional $1 per person, equal ing $2 per person for the defined "Group Nights". If additional mega-groups are scheduled, both parties will mutually discuss the potential of adding said group to the MAJOR GROUP NIGHT category.

• Payment terms set within agreement 10% per annum for late payments.

• Team shall utilize Managers national ticketing contract with Ticket

Master for the sale, promotion and reconciliation of all game t icket sales. oversite and management for said sales. will provide ticket sellers at the rate of $16.00 per hour with a three (3) hour minimum.

• Team would be allowed to sell advertising at approved locations on dasher boards (Team shall be responsible for the cost of Lexan on dasher boards) in ice and at other areas located within the arenas available for the placement of advertising. VenuWorks of TRF also

21

Financial Considerations:

Responsible Person(s):

retains the ab ility to sell sponsorships and signage. Team shall guarantee and pay to VenuWorks of TRF each year a base payment in the amount of $35,000.00 together with 5% of the gross advertising revenues collected above said $35,000.00 base payment. Said base payment shall be due by July 31st.

• Promotional Activities: Team may request that VenuWorks of TRF

prepare and execute "fan experience" events during intermissions to

enhance overall game atmosphere. VenuWorks of TRF will provide

fan experience team members at a rate of $16.00 per hour with a three (3) hour minimum.

• Other items are also included in the lease agreement.

The lease was negotiated in good faith, keeping in mind the economic impact that it has on our overall business and residents of Thief River

Falls, MN.

Nicole Gebeck, Executive Director, VenuWorks ofTRF, LlC., and Angie Philipp, Qty Administrator.

VenuWorks Thief River Falls MN, LLC Ralph Engelstad Arena and Huck Olson Memorial Civic Center

525 Brooks Avenue North Thief River Falls, MN 56701

22

THlEF RIVER FALLS, MN RALPH ENGELSTAD ARENA

HOCKEY TENANT LEASE AGREEMENT

THIS HOCKEY TENANT LEASE AGREEMENT ("Agreement") is made and entered into as of the 301h day of June, 2020, by and between the following parties:

MANAGEMENT COJ'\llPANY:

CONTACT PERSON:

ADDRESS:

TELEPHONE NUMBER:

TEAM:

CONTACT PERSON:

ADDRESS :

TELEPHONE NUMBER:

VenuWorks ofTRF, MN, LLC (hereinafter "Manager")

Nicole Gebeck Executive Director

Ralph Engelstad Arena 525 Brooks Avenue North Thief River Falls, MN 5670l

(218) 681-2183

STOKED, LLC., a Minnesota Limited Liability Company which owns and operates the TRF Norskies Hockey franchise of the Superior International Junior Hockey League. (hereinafter the "Team").

David Beito, Owner

PO Box 528 Thief River Falls, .l'v1N S 6701

218-683-7629

WHEREAS, The City of Thief River Falls, Ralph Engelstad Arena, is managed by VenuWorks of TRF, MN LLC an Arena located in Thief Ri ver Falls, Minnesota , currently known as the "Ralph Engelstad Arena" (the " Arena"); and

WHEREAS, Team is desirous of using portions of the Arena for the purpose of conducting hockey games and other non-hockey related events; and

NOW, THEREFORE, in consideration of the covenants and agreements herein expressed and of the faithful perfonnance of all such covenants and agreements, VenuWorks of TRF, l.\1N LLC and Team hereby agree as follows:

! . Lease. VenuWorks of TRF, MN LLC hereby leases the use of the Ralph Engelstad Arena and Huck Olson Memorial Civic Center (as defined in Section 3 below) by the Team during the Hockey Season each year during the Term (as defined in Section 4

Page I

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below) upon the terms and conditions contained herein. For the purpose of this Agreement, «Hockey Season" means a period of approximately eight (8) consecutive calendar months commencing on or about September lst and ending on or about April 30th.

2. Purpose. During the Term of this Agreement, Team shall be granted to use the Ralph Engelstad Arena for the purpose of presenting Superior International Junior Hockey League hockey games. Both the Manager and Team agree to collaborate and work coHectively in creating a better "in arena" fan experience while driving and maximizing overall revenues.

3. The Ralph Engelstad Arena and Huck Olson Memorial Civic Center. Notwithstanding anything herein to the contrary, the Ralph Engelstad Arena is limited and defined to include only that portion of the Arenas described as follows:

The Ralph Engelstad Arena Aoor, including the associated temporary and permanent seating in the Arena, the necessary entrances, lobbies, exits and sidewalks for foot traffic configured for hockey games and support spaces consisting of locker rooms, coach's office, , storage closet, box office, and such other space within the Arena which is required to support hockey games and which is agreed to in writing by Manager (as defined in Section 9 below).

4 . Term of Agreement. The Term of this Agreement shall commence on July l, 2020 and expire on May 31, 2021 (the "Initial Term"), and shall replace and supersede all former agreements between Team and Owner (City of Thief River Falls) and Team and Manager.

A. Renewal Team shall have the right to annually renew this lease upon mutually agreed terms and rate for a period of five (5) successive years. Successive terms shall run from June p t to the following May 3 p t_ Notice of renewal shall be given to the Team in writing prior to June l51 of each renewal year. Both parties agree to meet annually and negotiate any revised rates in good faith, beginning on or before February JS' of the contract term. Any revised rate increase shall not exceed l0% annually unless agreed to by Team. B. Termination Team may terminate this agreement at the end of each lease term by giving written notice to VenuWorks of TRF at least 30 days prior to May 3 pt end of the lease term. The lease and its terms shall also terminate if Team no longer is using arena for junior ice hockey practice and games. The Team agrees that it will not terminate the lease agreement in order to bring in another competing junior ice hockey team. VenuWorks of TRF may not terminate this lease without cause prior to May 31~•, 2022. Therefore, VenuWorks of TRF reserves the right to terminate the lease agreement with or without cause, but any termination without cause shall require a six (6) months' notice to Team. Cause shall be defined as a material violation of the lease terms by the Team.

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5. Rental Fee. Team shall pay to Manager rental fees as per the following schedule:

Team shall pay an inclusive rent of $1300.00 per home game for regular, pre and post season games.

This rent shall include: • Team shall receive two (2) hours of daily ice time for team practice at no cost

based on a mutually agreeable schedule between Team and Manager, on the primary ice sheet (if available).

• Team shall receive one (1) hour of game day pre skate. • Players will additionally be permitted to free skate during Adult Open Hockey

hours with no ice cut when Arena is open. • Team shall receive up to twenty five (25) hours offree ice time for tryout camp.

Manager requests notice of such camp and to be given at least forty five ( 45) days prior to their start in order to coordinate ice scheduling with other user groups.

• Monthly locker room rental • Complimentary printing of200 color copy home game day programs. • Game day Event Labor includes: Zamboni drivers, net movers, security/crowd

control, ticket takers and clean up staffing. o Excluded from inclusive fee would be: VenuWorks ticket sellers and fan

experience related staffing mutually agreed upon by Team and Manager.

Incremental Rebate -Liquor License held by, VenuWorks of Thief River Falls, LLC, agrees to pay Team the defined share of food and beverage revenue for the 2020·202 l season.

• $1.00 per person attending each TRF Norskie scheduled hockey game. There are 4 major "Group Nights" proposed to be scheduled : Textron, Digi-Key, St. Bernards and Sanford Health. The 4 designated "Group Nights", as defined, will include an additional $1 per person, equaling $2 per person for the defined "Group Nights". ff additional mega-groups are scheduled, both parties will mutually discuss the potential of adding said group to the MAJOR GROUP NIGHT category.

• Attendance based upon drop count from the Ticket Master reporting tool. • Payment to Team from Manager will be completed in the game settlement by the

end of the 2nd business day after the completion of each home hockey game.

6. Reimbursable Expenses. In addition to the other amounts provided in this Agreement, Team shall pay Manager the following amounts deemed reimbursable expenses:

A. Labor and staffing services not otherwise covered by this Agreement and requested by the Team to be provided by Manager shall be reimbursed to Manager by Team. Team shall request these services from Manager at least five (5) business days prior to the start time for the services. Manager and Team wiU negotiate the fees in advance of the service being provided.

B. All damages to the building, structure, premises, and its appurtenances caused by Team, its employees, agents, players, or visiting team players, shall be paid by

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25

Team at the actual cost of repair or replacement plus a ten percent (I 0%) charge for overhead provided. Any reimbursement for damages to the building, structure, premises, and it appurtenances caused by patrons, customers or invitees shall be limited to the amount the Team obtains from any insurance policy then in place. Team agrees to cooperate with the Manager and use its best efforts to process any and all such claims as quickly as possible.

7. Team Expenses. Team shall provide, at its sole cost and expense, a ll applicable Team items and personnel expenses, including but not limited to all necessary equipment and supplies and other item(s) that may be necessary for the proper presentation of a hockey game including, but not limited to the following:

Officials/Referees Timekeeper Team medical personnel and equipment Public Address Announcer Spotlight operators Music/Video operator

8. Payment A. All amounts which Team or Manager assumes or agrees to pay pursuant to this

Abrreement shall be paid in lawful money of the United States to Team or Manager on a monthly basis within five (5) b~siness days fo llowing the last day of the month. Team or Manager shall pay all amounts promptly when due without notice or demand and without any abatement, deduction or set off for any reason whatsoever, except as may be expressly provided in this Agreement. If Team or Manager makes any payment by check, it shall be the check of Team or Manager, and Manager or Team shall not be required to accept the check of any other person. Any check received by Manager or Team shall be deemed received subjel.1 to collection. rf Team or Manager mails any check, such check will be received on or before the date when payment is due. Team or Manager shalt assume the risk of lateness or failure of delivery of the mails, and no lateness or failure of the mails will excuse Team or Manager from its obligation to have made the payment in question when required under this Agreement.

B . No payment by Team or Manager or receipt or acceptance by Manager or Team of a lesser amount than the correct payment due shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Manager or Team may accept such check or payment without prejudice to Manager's or Team's right to recover the balance or pursue any other remedy provided in this Agreement or at law or in equity.

C. If Team is in arrears in the payment of any amounts due hereunder, (i) Team waives Team's right, if any, to designate the items to which any payments made by Team are to be credited, and Manager may apply any payments made by Team to such items as Manager sees fit, irrespective of and notwithstanding any designation or request by Team as to the items to which any such payments shall be credited; and (ii) Manager shall have the right to set-off any such amounts

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against any fund owed by Manager or any contractor or agent of Manager to Team.

D. All amounts that Team and/or Manager assumes or agrees to pay pursuant to this Agreement which are not paid when due, will incur a finance charge of 10% per annum from the date due until paid

9. Faci lities and Services Provided by Manager. All services provided by VenuWorks of TRF, lVIN or Manager to the Team shall be consistent with all standards set by the league the Team is competing in. VenuWorks of TRF, l\1N and Manager shall consult with Team when requested by Team regarding all such services and shall make all reasonable efforts to accommodate Team's need and desire to provide a quality customer experience for its customers.

Manager, in consideration of the payment to it of the sums set forth herein, will provide the equipment in the Arena as listed below:

A. All seating facilities including press box suite to accommodate spectators at hockey games. The Ralph Engelstad Arena will also provide the use of the existing press box area.

B. All other public facilities in the Arena (such as public rest and toilet facilities; first aid facilities, etc.) normally available to the public at games or events in the Arena.

C. The special mechanical facilities in the Ralph Engelstad Arena as are nonnally used to conduct Superior International Junior Hockey League hockey games, including the scoreboards, the timekeeping equipment, the basic sound and lighting system, and the public address system. This equipment shall be in reasonable working order subject to Section 24 of this Agreement. If needed, Manager may request the usage of the items owned by Team for events other than Team Games (as defined in Section 11) or Team Events. Manager and Team will negotiate in advance the rates charged for use of items owned by the Team.

D. The one large team locker room located in the West side of the Ralph Engelstad Arena for the home hockey team, one locker room (Locker room #3) for the visiting hockey team and a room to serve as officials' locker room. The l\llanager shall use its best effort to provide a suitable locker room for any entertainment acts that the Team hires to entertain during Team Games. Subject to the conditions provided herein, on each day on which a hockey game has been scheduled under this Agreement, the home team and the visiting hockey team shall be entitled to the use of the locker rooms for their respective teams. The home team and the visiting hockey team shall have the use of their respective locker rooms during such hockey games and for a reasonable time before and after each such hockey game.

E. Except as otherwise set out herein, Manager shall furnish only the facilities described herein, and the responsibility for the cost of stafling the Arena shall be as set out in Sections 2 and 6 {B) of this Agreement

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lO. Use of the Arena. Team agrees and covenants that with respect to Team's use of or occupancy of the Arenas: A. Except as otherwise provided in this Agreement, and subject to availability and

approval by Manager, Team shall be entitled to occupy or use the Ralph Engelstad Arena and Huck Olson Memorial Civic Center on the occasions wherein this Agreement provides for Team to present junior hockey Team Games . For all Team Games, the Team will compensate the Manager as per Sections 5, and 6, of this Agreement.

B. VenuWorks of TRF, .MN, shall maintain an up-to-date book of scheduled events that will be made available to Team upon their request. Team shall have the right, after consultation with Manager, to book any event, hockey-related or other (a "Team Event") on any day not booked and recorded in the schedule. Team shall have exclusive use of such portions of the Arena required by Team for the Team Event for the time scheduled by Team for the Team Event (including time before and after the event). Arena rental rates for a Team Event will be negotiated in advance by Team and Manager. Team may utilize the lobby area of the Arena for any Team Game or Team Event on a non-exclusive basis at no cost to the Team. If Team desires services from Manager (which services shall include but not be limited to set-up, cleaning, tables and chairs, pipe and drape) in conjunction with Team's use of the lobby area, Team shall pay Owner a fee for Manager's services at a rate negotiated in advance by Team and Manager. Team must reserve the use of the lobby area which reservation may be done no more than thirty (30) days in advance.

C. Team shall comply with all Legal Requirements (as defined herein) which shall, in respect of the Arena or the use and occupation thereof, or the abatement of any nuisance in, on or about the Arena, impose any violation, order or duty on Owner, Manager or Team; and Team shall pay all costs, expenses, fines. penalties and damages which may be imposed upon Owner or Manager by reason of or ari sing out of Team's failure to fully and promptly comply with and observe the provisions of this Section. "Legal Requirements" shall mean laws and ordinances of all federal, state and city governments, and rules, regulations, orders, directives, permits, licenses and regulatory approvals of all departments, subdivisions, bureaus, agencies or offices thereof, and of any other governmental , public or quasi-public authorities, whether now or hereafter in force.

D. Team shall not cause or permit any Hazardous Material (as defined herein) to be used, stored or generated on, or transported to or from the Arena. "Hazardous Material" shall mean without limitation (1) those substances included within the definitions of "hazardous substances," " hazardous materials,'' "toxic substances," or "solid waste" in any environmental law; (2) those substances listed in the United States Department of Transportation Table (49 CRF I 72. l O I and amendments thereto) or designated by the Environmental Protection Agency (or any successor agency) as hazardous substances (40 CRF Part 302 and amendments thereto); (3) any materials, waste or substance wruch is (A) petroleum; (B) asbestos; (C) polychlorinated biphenyls; (D) flammable explosives and/or liquids; (E) radioactive materials; (F) pyrotechnic material and/of flash powder; and (G) compressed and/or pressurized gasses; and (4) such other substances, materials, and wastes which are or become regulated or controlled under any environmental law.

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E. Team shall not cause or permit beer, wine or liquors of any kind to be sold, given away, or used at the Arena except upon written permission of Manager, which permission shall not be unreasonably withheld. Manager must be able to make available for sale beer and other alcoholic beverages at all Team Games and Team Events. subject to any restrictions arising at any time under Section 10 (B) or which Manager may reasonably impose.

F. No materials or equipment belonging to Manager shall be used or operated by Team or any agent, employee or guest of Team without the prior written approval of Manager.

G . No portion of any passageway or exit shall be blocked or obstructed in any manner whatsoever, and no exit door or any exit shall be locked, blocked or bolted while the Arena is in use. Moreover, all designated exit ways shall be maintained in such manner as to be visible at all times. Manager shall not be liable to Team for any damages resulting from cancellation or disruption of a Team Game or Team Event as a result of the enforcement of the provisions herein or any other Legal Requirements. Any of the above-prohibited activities shall be sufficient and adequate cause for cancellation of the Team Game or Team Event

H. No performance, exhibition, promotion, or entertainment shaH be given or held in the Arena that would be considered in violation of any City of Thief River Falls ordinance. Completion or partial completion of one or more of such performances or exhibitions shall not constitute a waiver of this provision. Manager agrees that junior hockey games are not objectionable. Notwithstanding anything herein to the contrary, Manager reserves the right throughout the Term to control the operation and management of the Arena. Manager and its employees shall have and reserve the right to enter the Ralph Engelstad Arena at any time, for any purpose, including removal of any person who, in the sole discretion of Manager, is, or is likely to be a disruptive or dangerous or obstructive to the proper and safe operation and management of the Arena. Team expressly waives any rights to damages for or arising out of such removal.

I. Team shall not admit to the Ralph Engelstad Arena and Huck Olson Memorial Civic Center a greater number of persons than the capacity that has been approved by the Thief River Falls Fire Marshall, or that can safely or freely move about in the areas subject to this Agreement, and the decision of Manager in this respect shall be final . Manager reserves the right to require Team to open the doors of the Ralph Engelstad Arena for the admission of patrons up to one and one-half (1 \t'2) hours prior to the commencement of any Team Game or Team Event if, in the opinion of Manager, such action is in the best interest of Manager. Manager agrees to open the doors of the Arena for the admission of patrons a minimum of one (1) hour prior to the commencement of any Team Game or Team Event unless Manager and Team mutually agree otherwise for a specific Team Game or Team Event. If Manager determines that doors must open one and one-half ( 1 l/2) hours prior to commencement of any Team Game or Team Event, Team will be given Ralph Engelstad Arena access at least twenty (20) minutes prior to doors opening to the general public.

J. Team shall have exclusive use of the following areas of the Ralph Engelstad Arena twelve (12) months of the year. On the rare occasion of scheduling a

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major event, Manager would have access to the Team Locker room with an advanced 2·week notice.

Team Locker Room Coach's Office Team Storage Closet

11 . Scheduling of Hockey Games.

A. Team is a primary tenant of the Arena and shall have first right to schedule dates in the Ralph Engelstad Arena for the hockey season.

B. Manager shall provide to Team a list of at least sixty (50) available dates (the "Available Dates") during each regular season, of which not less than thirty (30) shall be a Friday or Saturday. The list of available dates shall be given to Team by June 1st of each year with the dates held open until May 15t1t of such year. Dates given shall correspond to the League's quarterly block schedule system.

C. No later than August 15th of each year, Team shall submit a written schedule ("the Schedule") setting forth the dates selected by Team ("Scheduled Dates"). The schedule shall be for a minimum of thirty (28) (or such lesser number of home games as dictated by the league the Team is a member of) and a maximum of thirty-two (32) regular season home games per Hockey Season, plus such additional pre-season and post season games (regular season, pre.season and post season hockey games collectively referred to as .. Team Games") . Team shat! have the exclusive right to the Ralph Engelstad Arena for all such Scheduled Dates for two (2) hours prior to the start of the game and continuing for eight (8) hours.

D. During the time period between the date the Team is given the Available Dates and the date Team submits its Schedule to Manager, Manager may book other events on the Available Dates, provided however, Manager must notify Team within four (4) business days thereof and provide an alternative Available Date to Team. Alternative dates shall be on the same day and same time as the original dates. Team will use its best efforts to exchange dates as requested by the Manager. Likewise, the Team, during the scheduling period, may ask for alternative dates from the Manager. The Manager will use its best efforts to exchange dates as requested by the Team. The Manager may hold other events at the Arena if such events do not unreasonably interfere with Team Games and the established practice schedule.

E. Team agrees to conduct junior hockey games in the Ralph Engelstad Arena on al l Scheduled Dates and Manager agrees it will make the Ralph Engelstad Arena available to Team for its use on the terms and conditions provided herein on all Scheduled Dates

F. The game times for all Scheduled Dates and playoff games shall be as detennined by Team, consistent with league scheduling parameters. Subject to the preceding sentence, Team understands and agrees that Manager must also accommodate the needs of other licensees, and that two events may be scheduled on the same day (e.g., youth hockey in the afternoon and hockey in the evening) .

G. Six (6) weeks prior to the end of the season, Manager shall su bmit to Team a list of dates (the "Playoff List'') available for use by Team for the period following the regular season for hockey playoff games (the "Playoff Period"). Manager

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agrees that the Playoff List shall include not less than four (4) weekend dates during the Playoff Period (approximately in April and May). So long as the Team has remaining playoff games to play, Manager agrees to make the Ralph Engelstad Arena available to Team for its use on the terms and conditions provided herein for each and every date selected by Team from the Playoff List, provided Team selects such date by notifying Manager at least one (l) week prior to such date. Team agrees to use the Ralph Engelstad Arena on the dates so selected, provided, however if such playoff game is not played because either the Team or its opponent have been eliminated from the playoff series, then the Team will be relieved from using the Ralph Engelstad Arena on any such date. Any such date will be deemed to be automatically released by Team at such time that it becomes statistically impossible for the Team to participate in the playoffs. Every effort will be made by the Manager to have the available dates for each projected playoff game and a reasonable amount of weekend nights.

12. Practice Sessions. As per Section 5, Team shall be allowed to practice two (2) hours daily based on a mutually agreeable schedule between Team and Manager, and one (1) hour for game day pre-skate at the Ralph Engelstad Arena at no cost to the Team provided that such practice does not conflict with any other events scheduled at the Arena. Additional practice time may be reserved in advance and will be charged to Team based on Manager's Rate Card. lndividual current players may be pem1itted to free skate during business hours on the Ralph Engelstad ice at no additional cost and with no ice cut as long as there is no scheduled programming at that time. A. Opposing team on Game Days will have access to l hour of pre-skate at no

charge

13. Tickets and Ticket Office. Team acknowledges that at the time of the signing of the Agreement, VenuWorks of TRF, MN has full control and direction of the ticket office, ticket personnel, ticket office hours and Team ticket sales revenue

A. Team shall utilize Managers national ticketing contract with Ticket Master for the sale, promotion, and reconciliation of all game ticket sales, with no "per ticket charge" to the Team. There shall be no charge to Team for the utilization of Ticket Master with regards to ticket printing or equipment. Manager will provide Ticket Office oversite and management for said sales. Team may provide ticket sellers for training to Manager if desired; otherwise Manager will provide ticket sellers at the rate of $16.00 per hour with a three (3) hour minimum.

14. Insurance. Waiver of Subrogation and Indemnity.

A. Team shall obtain and retain throughout the Term, insurance coverage of and for all claims arising out of or resulting from Team 's use of the Arena, which coverage shall include the following:

(i) Team shall be responsible for insuring its own personal property within the premises and Management Company nor City of Thief River Falls

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shall have no responsibi lity for any damage to, loss of. Or theft of Team 's or any of Team's invitee's personal property.

(ii) Team shall, during the term of this lease, at its expense, maintain a policy or policies of public liability insurance with respect to the premises in which Team and Management Company shall be covered by being named as additional insured parties under reasonable limits of liability of not less than $1,500,000.00 for injury or death to any one person. $1,500,000.00 for injury or death to more than one person, and $1,500,000.00 with respect to damages to property, including the building on the premises.

(iii) Team shall not do anything in or able the premises which will in any way impair or invalidate the obligation of the insurer under the above policy or policies of insurance.

(iv) The insurance which Team is required to maintain shall be insurance by an insurance company licensed to do business in the State of Minnesota and acceptable to Management Company and City of Thief River Falls. The insurance policy shalt provide for not less than ten (10) days written notice to the Management Company before cancellation, non-renewal , termination or change in coverage and Team shall deliver to the VenuWorks of TRF, MN a duplicate original or certificate of such insurance policy or policies.

(v) Team hereby waives and releases any claims, liabilities, and causes of action against VenuWorks of TRF, the City of Thief River Falls elected officials, agents and employees for loss or damage to or destruction of any of the personal property whether that of Team, invitees, guests, patrons or others in, upon or about the premises resulting from fire, explosion or other perils, whether include or not included in standard extended coverage insurance, whether caused by the negligence of any said person or otherwise.

15 . Building Access and Control. Manager, its members, officers, agents, servants, and employees, engaged in the operation and maintenance of the Arena shall, at all times, have free access to the Ralph Engelstad Arena and Huck Olson Memorial Civic Center. Manager reserves the right to deny access to the Arena to any person or eject any person admitted to the Arena. Manager may, at its sole discretion, enforce all rules and regulations of the Arena and make any decision Manager deems necessary to maintain public safety. Manager will make available one (I) building key to Team. All other requests for building keys will be at the discretion of the Manager. Manager will not unreasonably deny additional key requests from Team if such key is necessary for Team to conduct normal business.

l 6. Concessions. Catering, Liquor Sales and Vending Machines. VenuWorks of TRF, l\tIN at direction of Owner, City of Thief River Falls, at all times shall retain control of all liquor, catering and concession stands providing food and beverage services. Manager shall retain 100% of all revenues associated with food and beverage or catering.

Page 10

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A. Team will be allowed designated kiosks to be used or placed in the arena to be used by game day sponsors. For game day sponsors that give away or sell food or beverages, there would be a negotiated rate agreed upon by the Team and VenuWorks of TRF five (5) days prior to the event. No more than two (2) kiosks shall be allowed per game.

17. Promotional Activities. All promotional activities that take place inside the Arena in conjunction with any use of said facility by Team shall not violate any City of Thief River Falls ordinance. Any promotional activity that may have a negative impact on the quality or integrity of the playing surface must be pre-approved by Manager. Such approval will not be unreasonably withheld. Team may request that VenuWorks of TRF prepare and execute "fan experience" events during intermissions to enhance overall game atmosphere. VenuWorks of TRF will provide fan experience team members at a rate of $16.00 per hour with a three (3) hour minimum.

18. Advertising and Signage.

A. Advertising shall include both the Ralph Engelstad Arena and Huck Olson Memorial Civic Center with the exception of any naming rights of the arena or campus. Team would be allowed to sell advertising at approved locations on dasher boards (Team shall be responsible for the cost of Lexan on dasher boards) in ice and at other areas located within the arenas available for the placement of advertising. The content, design and location or placement of any advertising shall be subject to the approval of VenuWorks of TRF, prior to placement or installation. Team shall be responsible for all costs and expense of placement, installation, or removal of said advertising, subject to the supervision by arena staff. Team shall be permitted to sell sponsorship and advertising sales to be placed within the arenas and collection of the same. VenuWorks of TRF also retains the ability to sell sponsorships and signage. Team shall guarantee and pay to VenuWorks of TRF each year a base payment in the amount of $35,000.00 together with 5% of the gross advertising revenues collected above said $35,000.00 base payment. Said base payment shall be due by July 3 pt_ Percentage payment to be paid on or before May 3 pt or as otherwise agreed to by the parties.

Banners

B. Team shall of the right to hang banners evidencing league participation and any championship banners. Said banners shall be subject to review and approval by VenuWorks of TRF as to size, number and location of display.

C. Pouring Rights Manager shall maintain exclusive rights to negotiate for pouring rights in the venue. Manager shall retain all funds received in any pouring rights agreements

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l 9. Suites. The Ra! ph Engelstad Arena contains one ( l) suite or two (2) if press box suite is divided down the middle. Team shall retain the right to sell the suites Team Games during the Term. Team retains suite rental of generally $300.00 per game/per suite. Price does not include any food, beverage or game day tickets .. The Manager (VenuWorks of TRF) will exclusively retain food and beverage revenue generated at the suite level. The Manager shall receive the exclusive use of one ( I) suite for ten ( l 0) regular season games per season Team plays in the Ralph Engelstad Arena. Additional usage may be requested based on availability.

20. Broadcasting and Video Signal. During the Term of this Agreement, Manager upon written request of Team, will pennit Team to contract with any radio station or television station to broadcast, or televise, Team Games in the Ralph Engelstad Arena and in consideration therefore, Team agrees to pay Manager any and all increases in direct costs of Manager attributable to such radio or television coverage. All broadcast rights for transmission outside the RaJph Engelstad Arena shall be lega!ly controlled by the Team. Manager shall have the right to use such broadcast signals inside the RaJph Engelstad Arena, e.g. concession stands and suites.

2 l. Default and Remedies.

A. An event of default of this Agreement shall include, but not be limited to, the

(i) failure to pay any amount due under this Agreement or failure to otherwise comply with the material terms of this Agreement; (ii) loss of Team's League franchise without the substitution of an equivalent professional hockey franchise of equal or greater value within sixty (60) days thereafter; (iii) breach of any rules or regulations promulgated by Manager, provided Manager furnishes Team with advance notice of any modifications to existing rules and regulations and a thirty (3 0) day period of time to cure any such breach; or (iv) Team's dissolution or ceasing to do business as a going concern, making

an assignment for the benefit of creditors, or becoming insolvent or bankrupt.

B. [fa monetary default occurs under this Agreement and continues for thirty (30) days after notice is served upon the Team. Manager, at its option may:

(i) Declare all license fees and other payments due under this Agreement to be immediately due and payable.

(ii) Declare the lease granted under this Agreement terminated.

C. Manager and Team reserve the right to any other remedies each may have by contract or at law or in equity, and the above listing is not intended to be a listing of exclusive remedies available to either party for any breach by the other. Election by either party to pursue any remedy available to it shall not operate as

Page 12

34

an election of remedies, and any remedy available to a party may be exercised at its sole discretion, and such actions shall not serve to preclude it from taking any other action availabte to it under this Agreement or at law or in equity. Remedies are cumulative and shall survive the termination of this Agreement.

22. Force Majeure.

A. If it shall become impossible on account of Force Majeure (as defined herein) for Manager or Team to fulfill its obligations under this Agreement, Manager and Team shall be excused from the performance of said obligation for the period said performance is impossible.

B. The term "Force Majeure" as used in this Section shall include: (a) fire, earthquake, flood, tornado, weather conditions, act of God, strike or other labor disturbance beyond the reasonable (including hostility, with or without formal declaration of war); and (b) any law, regulation or order of any government authority prohibiting the presentation of a hockey game.

C. The parties agree that they will use and continue to use their best efforts to remove, change, correct, repair, or remediate the condition of Force Majeure preventing performance hereunder, in order to make perfonnance under this Agreement once again possible.

D. Client acknowledges that the COVID-19 pandemic is an ongoing and unpredictable health emergency, which could impact the licensed premises. Should unforeseen impacts of the COVID-19 pandemic prevent Arena from performing its obligations under this agreement, the Team's obligation to pay the rental fees and any other obligations under this agreement shall be excused, and the Managers sole remedy shall be a refund in full of any advance renta1 fees or deposits paid. The Manager thus assumes all risks of such impacts in entering this agreement and hereby releases and waives any claims against the Arena for any losses, costs, or incidental and consequential damages sustained or incurred by the Team as a result of COVID-19 related closures or delays. Decisions as to whether licenses premises are available with respect to health and COVID-19 issues are up to the sole discretion of the Arena.

23 . Non-Competition. During the Term, unless the Ralph Engelstad Arena is damaged and unavailable for play, Team agrees that it shall not, directly or indirectly, rent, license or otherwise enter into any agreement allowing or permitting Team to occupy any other arena or facility for the purpose of playing a junior hockey game, without the express written consent of Owner. Likewise, duri ng the Term, Owner shall not rent, license or otherwise allow any other junior hockey team to occupy the Ralph Engelstad Arena or any facility or location owned, leased, operated, licensed, permitted or controlled by Owner or any subdivision or instrumentality thereof (including, without limitation, any sports commission associated with Owner) for the purpose of playing a junior, semiprofessional or professional or non-recreational league hockey game, without the express written consent of Team. This non-competition clause shall remain in effect for the Term and shaH survive and stand alone if the team defaults and the remaining portions of the agreement are terminated.

24. Waiver. The fai lure of Owner, Manager or Team to insist, in any one or more instances, upon a strict performance of any of the covenants of this Agreement, shall not be

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35

construed as a waiver, or a relinquishment for the future of such covenant, but the same shall continue and remain in full force and effect. It is agreed by the parties hereto that either party shall be entitled to receive and retain any payments provided herein with knowledge of the breach of any covenant hereot: that such shall not be deemed a waiver of any breach, and that no waiver by either party of any provisions hereof shall be deemed to have been made unless expressed in writing and signed by the other party.

25 . Assignment. Each and every transfer or assignment of this Agreement or any interest therein by Team, including without limitation Team's consolidation with or merger into another entity, shall be null and void, unless written consent of Owner is obtained prior thereto, and any violation hereof is agreed and understood to constitute a substantial and material breach of condition of this Agreement with all of the rights thereunto pertaining as in the case of default or any other cause hereunder. No permitted assignment by Team shall relieve Team of its obligations under this Agreement, and consent by the Owner to one assignment shall not be deemed a consent to any subsequent assignment. Owner and Manager may freely assign its rights and delegate its obl igations under this Agreement. Owner shall not unreasonably withhold permission to allow Team to assign its rights and delegate is obligations under this Agreement.

26. [nvalidity. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the same shall be reduced in scope and coverage to the extent necessary to render the same valid, and, if that is not possible, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

27. Binding Effect. The covenants and agreements herein contained shall be binding upon and insure to the benefit of the respective parties hereto, their legal representatives, successors, and assigns (subject to the restrictions against assignment as set forth above).

28. Terminology:. All personal pronouns used in this Agreement, whether used in the masculine, feminine or neuter gender, shall include all other geoders; and the singular shall include the plural and the plural shalt include the singular. Titles of Articles, Sections, Subsections and Paragraphs in this Agreement are for convenience only and neither limit nor amplify the provisions of this Agreement. All references in this Agreement to Articles, Sections, Subsections or Paragraphs of this Agreement shall refer to the corresponding Articles, Sections, Subsections or Paragraphs of this Agreement unless specific reference is made to the articles, sections or other subdivisions of another document or instrument.

29. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of a party by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or dictated such provision. ff any words or phrases in the Agreement shall have been stricken or otherwise eliminated, whether or not any other words or phrases have been added, this Agreement shall be construed as if the words or phrases so stricken or eliminated were never

Page l4

36

included in this Agreement and no implication or reference shall be drawn from the fact that said words or phrases were so stricken or otherwise eliminated.

30. Entire Agreement and Modifications. No representation, promise, inducement or statement of intention has been made by Owner, Manager or Team which is not embodied in this Agreement or in the written statements, certificates, schedules, exhibits, or other documents delivered pursuant hereto or in connection with the transactions contemplated hereby, and neither Owner, Manager nor Team shall be bound by or liable for any alleged representation, promise, inducement, or statement of intention not so set forth. This Agreement may be modified or amended only by a written instrument signed by each of the parties hereto. All prior agreements between the parties are hereby superseded in their entirety.

3 l. Governing Law. Irrespective of the place of execution, it is the intention of the parties that the laws of the State of Iowa shall govern the validity of this Agreement, the construction of its terms and the interpretation of the right and duties of the parties, and that venue shall be restricted to Thief River Falls, MN.

32. Counterparts. This Agreement may be executed in any number of counterparts, each of which counterpart shall be deemed to be an original, and all collectively but one instrument, and shall for all purposes be sufficiently proved by any such counterpart.

33 . Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to be duly given if (i) delivered in person or by delivery service, or (ii) sent by telecopy and confirmation of transmission is obtained, or (iii) if mailed by certified or registered mail, with postage prepaid and return receipt requested, to the parties at their addresses as set forth on the first page of this Agreement, and

In the case of Manager, with a copy to:

Name Address

Telephone Email

Nicole Gebeck, Executive Director Ralph Engelstad Arena 525 Brooks Ave N Thief River Falls, MN 56701 (218) 681-2183 [email protected]

ln the case of Team to:

Name Address

Telephone Email

David Beito, Owner STOKED. LLC PO Box 528 Thief River Falls, MN 5670 I (218) 683-7629 [email protected]

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With copy to the Owner:

Name Address

Telephone Email

Angie Philipp, City Administrator City Hall 405 3rd Street East Thief Rj ver Falls, MN 56701 (218) 681-2943 [email protected]

Or to such other address as any party may provide to the other in writing.

34. Legal Fees. [n the event any party to this Agreement brings suit to construe or enforce its terms, or raises this Agreement as a defense in a suit brought by the other party, or this Agreement becomes the subject of arbitration proceedings, the prevailing party, as determined by the court or the arbitrator, shall be entitled to recover its reasonable attorneys' fees and expenses.

35 . Relationship Between the Parties. Team's relationship to Owner and Manager at all times shall be that of a tenant. Team shall not at any time be considered as an employee, agent or partner of Manager, shall not be entitled to participate in or receive any benefits extended to the regular employees of Manager and shall not incur any benefit, debt or liability of any kind in the name of Manager or Owner.

36. Subordination Atonement and Non-Disturbance. Team agrees that its license interest in the Arena is subordinate to the interest of the Owner in the Arena. Team further agrees that upon delivery to it by the Owner of a non-disturbance letter, this Agreement and Team's interest in this Agreement shall be subordinated to any mortgage; deed of trust or other method of financing or refinancing now or hereafter encumbering the Arena, the land underlying the Arena, and to all renewal s, modifications, replacements, consolidations and extension thereof. Team further agrees that it will execute and deliver any and all documents necessary to evidence the subordination of its rights under this Agreement as aforesaid.

The non-disturbance letter referred to above shall be a letter from Owner to the effect that in the event of foreclosure, termination of Manager' s rights under Manager' s agreement with Owner or other similar action, that this Agreement and the rights and obligations of the Team hereunder shall not be disturbed, diminished, or interfered with, but shall continue in full force and effect so long as Team shall not be in default hereunder.

T eam shall, in the event of any termination of Manager' s rights by Owner and following Owner's repossession of the Arena for any reason, attorn to Owner and thi s Agreement shall be considered to have been fully assigned to the Owner by Manager.

IN WITNESS WHEREOF, each of the undersigned has hereunto set its signature and seal or has caused this instrument to be executed (and its seal to be affixed hereto) by its officer(s), manager(s) or partner(s) thereunto duly authorized, as of the day and date first above written.

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OWNER/MANAGE:MENT COMPANY: CITY OF THIEF RIVER FALLS/VENUWORKS OF TRF, MN

By: _____________ _ Date: --------By: _____________ _ Date: --------

TEAM: STOKED, LLC

By: _________ ____ ~ Date: --------

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I #?.as I

RESOLUTION NO. : APPROVAL OF 2020 - 2021 NORSKIES LEASE BETWEEN CITY OF THIEF RIVER F ALLSNENUWORKS OF TRF AND STOKED, LLC

Presented as part of the Consent Agenda, Councilmember _ _ introduced Resolution No., being seconded by Councilmember , that:

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Committee of the Whole recommendation to approve the 2020-2021 TRF Norskies lease and authorize the Director of VenuWorks ofTRF, the Mayor and City Administrator to sign for approval.


Introduced by:-----------

Seconded by: -----------

Roll Call (if required): Holmer Howe Sollom _ Lorenson Brown Prudhomme _ Aarestad Narverud

Notes: ------------------------~

40

ORDINANCE NO. , 3rd SERIES ---

AN ORDINANCE OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER CITY CODE 293. l and 293.2, TABLE OF SPECIAL ORDINANCES, CABLE FRANCHISE, BY AMENDING SUBD. 2.C "GROSS REVENUE" DEFINITION AND DELETING SUBD. 2.D, AND ADOPTING BY REFERENCE CITY CODE CHAPTER l 0, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.

THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS:

Section 1. City Code Chapters 293. l and 293.2, Table of Special Ordinances are hereby amended as follows:

293. l and 293.2, Subdivision 2. C. are hereby amended to read as follows:

(C) "Gross Revenues" means all revenues derived directly or indirectly by the Franchisee or any Affiliate of the Franchisee from the operation of the Cable System to provide Cable Services in the City. Gross revenues shall include, without limitation, the following: (i) fees charged to subscribers for basic service, cable programming service, premium service, pay-per-view programming, video-on-demand programming, a la carte programming, or other Cable Service~ (ii) installation, disconnection, reconnection and change-in-service fees~ (iii) late fees; (iv) charges for the rental or sales of converters and other equipment to subscribers; Gross revenues shall be calculated in accordance with generally accepted accounting principles, but shall not include any refunds or credits made to subscribers or any taxes imposed on the services furnished by Grantee.

Section 2. 293.1 and 293.2, Subdivision 2.D. is hereby deleted.

Section 3. City Code Chapter 10 entitled "General Provisions" 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.

Passed by the City Council of Th ief River Falls, Minnesota, on the 16th day of June, 2020, by the following vote:

VOTE t.orenson Soll um Narverud [(owe Brown Prudhomme Aarestad Holmer

Aye D 0 D 0 D 0 0 0

Nay D 0 D D 0 0 0 0

Abstain D 0 D D 0 0 0 0

Absent D 0 0 D 0 0 0 0

41

Mayor ATIEST:

City Administrator

Acceptance by cable franchisee:

Sjoberg's Inc.

Acceptance by cable franchisee:

Garden Valley Telephone Company

Published in The Times newspaper on the __ day of July, 2020.

42

City of Thief River falls D!RECTO!l OF PUBLIC WORKS

405 Third Street C:ast • PO Box 528 Thief River Falls MN 56701-0528

DATE: June 16, 2020


SUBJECT: MTH of Bemidji, LLC - Conditional Use Penn it and Variance Requests

#8.02

PHONE: 2 I 8-681-8506 FAX: 218-681-8507

email: mborseth@citytrfnct www.citytrf.net

RECOMMENDATION: It is respectfully requested that the Council consider the following Planning Commission recommendation:

Motion to: Approve a Conditional Use Pe1TI1it for up to 60% impervious area and Approve Variances for 114 parking spaces and resulting lot area requirement for MTH of Bemidji, LLC for property located at 1301 First Street West. This recommendation is subject to the owner including language in their lease restricting renters to one car.

BACKGROUND: MTH of Bemidji, LLC completed a 26-unit market rate apartment building in 201 9 comprised of 10 one-bedroom units and 16 studio units. They are proposing to build two more buildings, each with 18 one-bedroom units and 8 studio units. City code requires a maximum of 40% impervious area or up to 60% impervious area with a Conditional Use Permit. City code also requires two parking spaces per unit and lot area of 3,000 S.F. for the first four units and 2,000 S.F. for each unit after that.

KEV ISSUES: MTH of Bemidji, LLC has applied for a Conditional Use Permit to allow 51 % impervious area. This is the area of all roofs, sidewalks and parking lots . They have also applied for Variances to allow l.25 parking spaces per unit and to allow a reduction of 3 l ,81 0 S.F. in required lot area. The request for variances is because the units are either one-bedroom or studio apartments which require less parking and the reduction in area requirement would be tied to the reduced number of parking spaces. To maximize the number of units, allow room for a storm water treatment pond and make the project economically feasible this Conditional Use Permit and Variances are necessary. The Planning Commission recommended approval of the CUP up to 60% and recommended denying the variance requests. The applicant was unable to attend the public hearing due to a change in address and resulting failure to receive the notice . The C ity Council referred the request back to the Planning Commission to allow testimony by the applicant. A special Planning Commission was held on Tuesday, June 23 for this purpose. The Planning Commission is now recommending approval of the variance requiring 114 parking spaces and resulting lot area. This solution was a compromise between the current requirement and the parking space used for a similar building in another community that more closely matches the parking spaces to the number of bedrooms. The recommendation is subject to the owner including language in their lease restricting renters to one car.

FINANCIAL CONSIDERA TlONS: Costs associated with the Conditional Use Perm it and Variances are paid by the property owner.

LEGAL CONSIDERATION: A Public Hearing was held by the Planning Commission to review this request.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director

Encl: (8)

43

D REZONING (Fee $150.00)

D VARIANCE (Fee $150.00)

Applicatjon To Planning Commission/BOZA City of Thief River Falls

Community Services 405 3rd Street East- P.O. Box 528

Thief River Falls, MN 56701 218-681 -8506

D APPEALS (Fee $50.00)

o LAND SUBDIVISION (Fee $300.00)

'~CONDITIONAL USE PERMIT (Fee $150.00) ,,

Address

A Address

110 Present Zoning Classification

- 1..

Phone# t-C.. Z./<( - J6!&, ~ 3 J/ z...

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Phone_# __

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Action Taken By Commission

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City Council Resolution I Ordinance Number

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44

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"'Ji<VARIANCE (Fee $150.00)

Appljcatioo To Planning Commissjon/BOZA City of Thief River Falls

Community Services 405 3rd Street East - P.O. Box 528

Thief River Falls, MN 56701 218-681-8506

-------- ----,

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D LAND SUBDIVISION (Fee $300.00)

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State Zip

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Achon Taken By Commission·

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City Council Resolutio11 I Ordinance Number

Fee Paid

45

I D REZONING (Fee $150.00)

Applicatjon To Planning Commjssjon/BOZA City of Thief River Falls

Community Services 405 3rd Street East- P.O. Box 528

Thief River Falls, MN 56701 218-681 -8506

o APPEALS (Fee $50.00)

I ~ARIANCE (Fee $150.00)

o LANO SUBDIVISION (Fee $300.00)

D CONDITIONAL USE PERMIT (Fee$150.00)

Address

A roxlmate Location of Pro Address

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re-" Description of Request

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Phone#

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Action Taken By Commission.

Action Taken By Crty Council:

City Council Resolution I Ordinance Number

Fee Paid

46

NOTICE OF HEARING PLANNING COMMISSION

CITY OF THIEF RJVER FALLS

Notice is hereby given pursuant to Chapter 152 of the Thief River Falls ("City") City Code that MTH of Bemidji, LLC., 4005 Waville Road NE, Bemidji, NIN 5660l , has applied for a Conditional Use Pennit to allow 51 % impervious area over three multi-family building sites; a Variance from 2 parking spaces to 1.25 parking spaces per unit; and a Variance of 3 l,810 square feet to the minimum lot area requirement. The real property is legally described as fo llows:

Lots I ·8, Block 1, Nopers Third Addition to Thief River Falls, Minnesota, and all of vacated Noper Avenue.

Notice is fu1ther given that the Planning Commission will conduct a Hearing on the Conditional Use Permit and Variance Requests at 5:00 P.M. on Tuesday, June 9, 2020, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN 56701 . All persons wishing to comment on the Conditional Use Permit or Variance Requests 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 Public Works Director, City Hall, P. 0 . Box 528, Thief River Falls, l.\.1N 56701, or telephone 2 18· 681·8506.

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 22nd day of May 2020

CITY OF THIEF RIVER FAJ,T.S

Isl Mark Borseth Mark Borseth Public Works Director & Zoning Administrator

Published in the Wednesday, May 27t0, 2020, edition of The Times.

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CHECKLIST FOR CONDITIONAL USE REQUEST

1. Applicant (Name/Address/Tel: MTH of Bemidji, LLC, 4005 Waville Road NE, Bemidji, MN 56601, 218-766-3112.

2. General location of the request: 1301 First Street West

3. Proposed use and/or zoning: The owner is proposing to construct two additional 26-unit multifami ly apartment buildings. They are requesting a Conditional Use Permit to exceed the maximum impervious coverage of 40%. Impervious coverage may be up to 60% with a Conditional Use Permit. The proposed project has a total impervious coverage of 51%.

4. Dimension of the request: Frontage - 219' Depth - 580'

5. Area of property in request: Sq. Feet - 128, 190 Acres-2.94

6. Existing characteristics: Zoning - Multi-Family Residentia l (R-4) Use: Multi-Family

Conforming • Yes Non-Conforming - No

7. Adjacent land use: The existing property has one 26-unit apartment building that was constructed in 2019. The location borders West River Falls Estates Apartments to the west, Summerfield Place Apartments to the east, Fleet Supply to the north, Countryside Manufactured Home Park and vacant property to the south .

8. Adjacent zoning districts: The location borders General Business District (C-2) to the north, MultiFamily Residential District (R-4) to the east and west, and High Density Residential District (R-3) and Agricultural District (AG) to the south.

9. 9. Characteristics of soils: According to the ''Pennington County Soil Survey," soils are predominately Clearwater. Clearwater consists of poorly drained, slowly permeable soils in plane or slightly concave basins on glacial take plains.

10. Can the property be adequately serviced by: A. Storm and sanitary sewer? Yes B. Water and electrical? Yes C. Easement size? As Platted

rs the proposed Special Use consistent with the Comprehensive Plan? Yes

11. Have other pertinent segments of the Comprehensive Plan been considered? Yes. This property is served by First Street West. This is a 9-ton collector street.

13. Does the property provide, either now or potentially, enough area for adequate off-street parking? No. This project has requirements of two parking stalls per unit which will require 156 parking stalls. The proposed plan has 107 surface parking stalls. The developer has applied for a variance to the parking requirement. There are no garages.

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A . Will off-street parking be located in the side yard area or the rear yard area? Side yard.

B. Will off-street parking be suitably screened from view? Screening is not required.

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? NIA

15. Should screening be provided along the boundaries of this property? NIA

16. Are screened storage and trash areas provided? Yes

17. Are vehicular accessways adequate? Yes

18. WiJI the use impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district? No. The proposed use is consistent with the comprehensive plan.

19. Can it be found that there is a public necessity for the Special Use? Currently Thief River Falls has a housing shortage. This project will be a great benefit to address this shortage.

20. What is the general character of the neighborhood? The area has commercial property to the north. There are apartment bui ldings to the east and west; and anticipated future apartment buildings to the south adjacent to Countryside Manufactured Home Park.

21. Are Wetlands or Shore land impacted by this request? No

COMMENTS: See RCA, Application, Notice of Hearing, Checklist, Zoning Code, and Site Plan.

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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 publ ic 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.

50

CHECKLIST FOR VARIANCE REQUESTS

1. Applicant (Name/Address/Tel.): MTH of Bemidji, LLC, 4005 Waville Road NE, Bemidji, MN 56601 , 218-766-3112.

2. General location of the request: 1301 First Street West.

3. Legal description of the location: lots 1-9, Block 1, Nopers Third Addition to Thief River Falls, and vacated Noper Avenue.

4. This request is for a Variance to City Code, Sec. 152.027 (2) (a), lot area and Sec. 152.069 (0) Off Street Parking Requirements.

5. Adjacent land use: The existing property has one 26-unit apartment building that was constructed in 2019. The location borders West River Falls Estates Apartments to the west, Summerfield Place Apartments to the east, Fleet Supply to the north, Countryside Manufactured Home Park and vacant property to the south.

6. Adjacent zoning districts: The location borders General Business District (C-2) to the north, MultiFamily Residential District (R-4) to the east and west, and High Density Residential District (R-3) and Agricultural District (AG) to the south.

7. Is this a personal hardship? The developer feels this is necessary for a this to be a viable project.

8. Is this a unique situation? Yes, the existing apartment building is a 26-unit market rate apartment building in 2019 comprised of 10 one-bedroom units and 16 studio units. They are proposing to build twc more buildings, each with 18 one-bedroom units and 8 studio units. City code requires a maximum of 40% impervious area or up to 60% impervious area with a Conditional Use Permit City code also requires two parking spac·es per unit and lot area of 3,000 S . F. for the first four units and 2,000 S. F. for each unit after that.

9. Is this a self-created problem? Yes.

10. Will the Variance create undo hardship on:

A. The ne;ghborhood? No.

B. The Comprehensive Plan? No.

C. The Zoning Ordinance? No.

11. Are Wetlands or ShoreJands impacted by this request? No.

12. Is this a non-.conforming use? No.

13. Is this a "use" Variance? No.

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14. Without the Variance, is there a viable economic return? No.

15. Is there a site plan? Yes - attached.

COMMENTS

See RCA. Notice of Hearing , Application, CUP Checklist, Location Map and City Code.

CRITERIA FOR GRANTING VARIANCES

"Practical difficulties'' is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practica difficulties, all three factors of the test must be satisfied.

1. Reasonableness The first factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example, if the variance application is for a building too close to a lot line or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable.

2. Uniqueness The second factor is that the landowner's problem is due to circumstances unique to the property not caused by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land and not personal characteristics or preferences of the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees.

3. Essential character The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. For example, when thinking about the variance for an encroachment into a setback, the focus is how the particular building will look closer to a lot line and if that fits in with the character of the area.

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65 Zoning Code § 152.027

11. Signs: 5 feet.

12. Storage buildings : 30 feet.

(e) A water-oriented accessory structure may be located on the lot at less setback in conformance with this Chapter; and,

(t) Lot area: not less than 6,000 square feet for each dwelling unit in a multiplefamily structure having four dweJling units or less and an additional 750 square feet for each dwelling unit over four dwelling units.

(F) Additional restricJions. Perfonnance standards and supplemental restrictions are set forth in this Chapter.

§ 152.027 MULTl~FAMTLY RESfrOENTIAL DISTRICT (R-4)

(A) P11rpose. The purpose of this District is to allow areas of multi-family use at higher densities of nine to 19 dwelling units per acre for both permanent and transient families. It is appropriate only in areas served by adequate public utilities, immediate accessibility to arterial or collector streets, and public services .

(B) Permitted uses.

(1) Health. Convalescent homes, nursing homes, orphanages and retirement hom~s.

(2) Residential. Apartments, condominiums, cooperatives, dupkxi:s and townhouses.

(C) Conditional uses.

(l) General. All conditional uses of the R-2 District.

(2) Residential. Single-family and two-family dwellings.

(D) Accessory uses. All acc~s.sory uses of the R-2 District.

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§ 152.027 Thief River Falls - L~nd Usage

(E) Yard req1dremellts.

(1) General yard requiremetits.

One Two Multi Accessory All Other Family Family Family Buildings Uses

Lot area, minimum sq. ft. 7,000 12,000 18,000 14,000

Lot frontage, minimum at 50 fe~t 75 feet 75 feet 75 foet front yard setback

Lot frontage for shoreland, minimum at front yard setback

Sewered lots 75 feet 115 feet 175 foct 75 feet Unsewered Jots 100 fot:l 150 feet 225 feet 100 feet

Front yard setback 25 feet 25 feet 25 feet 25 feet 25 feet

Rear yard setback 35 feet 35 feet 35 feet 5 feet 35 feet

Side yard setback Interior 7 feet 10 feet 10 feet 7 feet Attached 10 feet

3 feet Detached Comer I 0 feet 15 feet 15 feet 10 feet Attached 15 feet

l 0 feet Detached

Shoreland setback Sewered lots 50 feet 50 feet 50 feet 30 feet 50 feet Unsewered lots 100 feet 100 feet 100 feet 30 feet 100 feet Sewage treatment 75 feet system

(2) Nmrgeneral yard requirements. The above general yard requirements shall apply, except as follows:

(a) Lot area: Not less than 3,000 square feet for each of the first four dwelling units and 2,000 square feel for each dwelling un.it thereafter in a multi~famiiy structure. This is subject to the minimum 18,000 square feet requirement set forth.in paragraph (I) General Yard Requirements above. All lots with multi-family dwe\1ing units shall have a maximum impervious coverage of 40% or up to 60% with a Conditional Use Permit.

(b) Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is one adjacent structure, the minimum front yard setback shall be the average of the adjacent structure and the required setback. ln no case shall the front yard setback be less than 15;

Ordinance 83. 3 rd Series (10119115)

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(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 in this Chapter;

(e) Setbacks for the following uses located within the shoreland shall not be less than:

I. Boat docks: 0 feet.

2. Boathouses: 10 feet.

3. Detached decks: 10 feet.

4. Fences: 0 feet

s. Gazebos: 10 feet.

6. Parking lots: 30 feet.

7. Pumphouses: 5 feet.

8. Recreational equipment: 10 feet.

9. Satellite dishes: 30 feet.

10. Screen houses: 10 feet.

11. Signs: 5 feet.

12. Storage buildings: 30 feet.

(e) A water-oriented accessory structure may be located on the lot at less setback in conformance with this Chapter.

(F) A ddilional restrictions. Performance standards and supplemental restrictions are set forth in this Chapter.

§ 152.028 PERFORMANCE STANDARDS FOR ALL RESIDENTIAL DISTRICTS.

(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.

55

§ 152.028 Thie( River Falls - Land Usage

A Conditional Use Permit may be requested to exceed the above height limitations provided that:

(I ) The Fire Chief and Building Official have approved;

(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.

(BJ Minimum Dwelling Size.

(l) Single-family and two-family dwellings located in the R-1 , R-2, and R-4 Districts shall provide not less than 950 square feet of gross floor area per dwelling unit, shall be not Jess than 20 feet wide at the narrowest point, and shall be affixed to a permanent foundation as defined in the State Building Code. In addition to the requirements of the State Building Code, the permanent foundation, whether masonry, concrete, or treated wood, shall be constructed as continuous walls, which walls shall not have any openings except as required by the State Building Code or for windows.

(2) Single-family and two-family dwellings located in R-3 District shall provide 720 square feet of gross floor area per dwelling unit and shall be 12 feet wide at the narrowest point.

(3) Multi-family dwellings having four or more units shall provide a minimum of 330 square feet of gross floor area per living unit.

(C) Accessory b11ildings.

(l) Maximum floor area. The combined max imum floor area of all accessory buildings shall not exceed l,500 square feet in R-1, R-2, and R-3 Districts.

(2) Maximum side wall height. Maximum side wall height shall be 11 feet in height. It shall be allowable to have one accessory building of up to a maximum of775 square feet in floor area which may have side walls of up to 12 feet in height There shall be no home occupation or commercial business in any accessory building with side walls in excess of 11 feet in height.

(D) Multiple-family .standards (apartments, condominiums, cooperatives, and townhouses).

(1) Shall be located on arterial or collector streets or in areas specifically designed for high density development.

(2) May be placed as buffers in appropriate zoning districts between less dense residential uses and nonresidential uses.

Amended Ordinance 68, 3rd Series {911612014) & Ordinance 78, 3rd Series (71712015) & Ordinance JOO, 3rd Series (715117)

68

56

69 Zoning Code §•152.028

(3) Each multiple-family development containing four or more dwelling units shall have a recreation area. The size and equipment provided shall be determined with the assistance of the Parks and Recreation Division.

( 4) Sidewalks shall be p rovided from parking areas, trash collection areas, and recreation areas to a principal building.

(5) A multiple-famHy development shall have a front yard setback on any abutting street.

(E) Supplemental lot regulation.r;.

(1) A single-family dwelling may be erected on a lot in the R-1 District having less than the minimum required area and width, provided the lot existed by virtue of a recorded plat or deed existing prior to September 26, 1967. [n no event shall a single-family dwelling be erected on a lot less than 7,000 square feet in area or less than 50 feet in width measured at front building line.

(2) A single-family dwelling may be erected on a lot in the R-2 District having less than the minimum required area and width, provided the lot existed by virtue of a recorded plat or deed existing prior to September 26, 1967. In no event shall a single-family dwelling be erected on a lot less than 5,000 square feet in area or Jess than 40 feet in width measured at front building line.

(F) Lighting. Lighting used to illuminate a nonresidential use or sign sha!J be arranged so as to deflect light away from adjoining residential property.

(G) Planned unit development (residential). The placing of residential dwelling wiits into compact groupings may be permitted in any Residential District following the completion and approval of a Preliminary and Final Plat for a planned unit development.

(1) Common open space may be preserved as open recreation space for recreational facilities or for preservation of natural or scenic resources.

(2) Except for height limitations for the district in which the development is proposed, altered dimensional standards may be allowed as exceptions to this Chapter for a planned unit development, provided that:

(a) The planned unit development shall not increase the overall density as regulated by the requirement" of the district in which it is located;

(b) A minimum of 40% of the site shall be kept in its natural state or utilized for recreation; and,

(c) Planned unit developments shall be two continuous acres or more in area.

57

§ 152.028 Thief River Falls - Land Usage

(H) Bed and breakfast inns.

(l) Prior to applying for a Conditional Use Permit for a bed and breakfast inn, an applicant shall cause the Fire Marshal to inspect the premises and the Fire Marshal's report shall accompany the application for a Conditional Use Permit.

(2) The location and operation of the bed and breakfast nm shall comply with the following:

(a) The inn shall be licensed for a specific number of guest rooms not to exceed four in number;

(b) The inn shall be a owner occupied single-family dwelling having a min imum of 2,000 square feet of residential floor area. The owner must reside on the premises and be the operator of the inn;

(c) No cooking facilities shall be permitted in any guest room and meals provided by the operator shall be served only to registered overnight guests, subject to Subsection (i) below;

(d) Off-stree t parking shall be provided in accordance with the parking requirements of this Chapter; provided, that in no event shall there be less than one off-street parking space per guest room, subject to Subsection (i) below;

(e) There shall be a rninimwn distance of 350 feet between each inn as measured between the nearest lot lines;

(f) An on-premises sign advertising an inn located in any zoning district shall be limited to three square feet in area, shall be located on the building, shall be consistent with the character of the building, and shall be limited to identifying not more than the name and address of the inn. There shall be only one such sign per inn which may not be illuminated;

(g) All inns shall comply with applicable State Health and Building Code requirements;

(h) No other commercial enterprise, including a home occupation, shall be operated in the inn, subject to Subsection (i) below; and, ·

(i) An inn shall be allowed to serve meals to other than registered overnight guests upon the following conditions:

1. The Conditional Use Permit shall specifically allow this use and set parameters consistent with this Subsection;

2. Meals are served only to those who have advanced reservations~

3. No more than ten persons may be seated for meals at any one time; and,

70

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4. One parking stall for every two dining seats shall be provided on site, in addition to the parking required by Subsection (d) above.

§ l52.029 NONRESIDENTIAL DISTRICTS.

The purpose of the Nonresidential Districts is as follows:

(A) Group compatible commercial and industrial land uses;

(B) Promote quality commercial and industrial development that will minimize land use, traffic, and environmental conflicts;

(C) Encourage the development of commercial and industrial sites that produce an attractive image through architecture and landscaping; and,

(D) Encourage commercial and industrial developers to provide for the capital improvements necessary to service the development.

§ 152.030 NEIGHBORHOOD BUSINESS DISTRICT (C-1).

(A) Purpose. The Neighborhood Business District is intended for business establishments for use by persons residing in adjacent residential areas. Uses within the district shall not attract community-wide consumer traffic.

(B) Permitted uses. Retail: barber or beauty shops, grocery stores without gas pumps . All uses shall not exceed 3,000 square feet in gross floor area.

(C) Conditional uses.

(1) Retail : barber or beauty shops, grocery stores with or without gasoline sales, and office buildings. All uses shall not exceed 5,000 square feet in gross floor area.

Ordinance No. 19, JY'1 Series

(2) Signs: freestanding business sign8.

(D) Accessory 11se."f.

(1) Accessory buildings.

(2) Essential services.

(3) Fences.

(4) Parking lots.

59

§ 152.068 Thief River Falls - Land Usage

§ 152.068 DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS.

(A) Off-street parking areas shall be designed, laid out, and maintained as set forth in

Appendix C.

(B) The minimum curb cut for driveways at the right-of-way line shall be 16 feet

(C) It shall be the joint and several respons ibil ity of the operator and owner of the principal use or building to maintain in a neat and adequate manner the parking area, driveways, landscaping, and screening.

(D) In order to be counted as a parking stall, the parking stall shall have direct accesss to a driving lane.

§ 152.069 OFF-STREET PARKING REQUIREMENTS.

(A} Single-family. Two stalls per dwelling unit and one stall per accessory apartment, subject to specific uses set forth in Di visions (J) through (T) of this Section.

(B) Duplex. Two stalls per dwelling unit, subject to specific uses set forth in Divisions (J) through (T) of this Section.

(C) Tow11/iouses and condominiums. Two stalls per dwelling unit, subject to specific uses set forth in Divisions (J) through (T) of this Section.

(D) Mu ti-family. Two stalls per dwcHing unit . sub}i:ct to specific uses set forth in Divisions (J) through (T) of this St:otion. A garage stal' shall equal one half of a arkiog staU in d'etermining the, number of parking stalls ruvailable.

(E) Neigllborhood Business District. One stall per 200 square feet of sales floor area, plus one stall per employee on maximum shift, subject to specific uses set forth in Divisions (J) through (T) of this Section.

(.F') General Business Districl One stall per 400 square foet of sales floor area, p lus one staH per employee on maximum shift, subject to specific uses set forth in Divisions (J) through (T) of this Section.

(G) Central Bu.'finess District. One stall per 1,000 square feet of sales floor area, plus one stall per employee on maximum shift, subject to specific uses set forth in Divisions (J) through (T) of this Section.

(H) Downtown Fringe District. One stall per 200 square feet of sales floor area, plus one stall per employee on maximum ~hift, subject to specific uses set forth in Divisions (J) through (T) of this Section.

(I) Industrial Di.lf;trict. One stall p~r two employees on maximum shift and one stall per commercial vehicle, subject to specific uses set forth in Divisions (J) through (T) of this Section.

94

60

95 Thief River Falls - Land Usage § 152.069

(J) Bar. One stall per three seats based on the design capacity of the establishment.

(K) Ca/es, restaurants, at1d clubs. One stall per 30 square feet of dining area and one stall per two employees on maximum shift.

(L) Theaters. for the first 100 stalls, one stall per three fixed seats, after the first lOO stalls, one stall per six fixed seats.

(M) Profes~;ional offices. One stall per 400 square feet of gross floor area, and one stall per two employees.

(N) Motels a11d hotels. One stall per rental unit and five stalls.

(0) Home occupt1tion. One stall for every 300 square feet of home occupation area.

(P) Schools.

(1) College and high school. Three stalls per classroom and one stall per employee.

(2) Junior high and elementary. One stall per employee.

(Q) Federal, State, City and County bui/di11gs. Ten stalls and one stall per two employees.

(R) Elderly housing. One stall per three dwelling units.

(S) Hospitals, rest homes, and nursing homes. Two stalls per 1,000 square feet of gross floor area.

(T) Churches, auditol'iums, and mortuaries. One stall per six seats.

(Ord. No. 11, 3rd Series - adopted 08124/04) (Ord. No. 60, 3rd Series - adopted 7123113)

§ 152.070 PARKING ASSESSMENT DISTRICT (PAD).

(A) In the Central Business District and the Downtown Fringe District, off-street parking requirements may be satisfied if the commercial use is included within a PAD and has been assessed pursuant to that PAD. Should the commercial use change, after the establishment and assessment of the PAD requiring an increase in off-street parking requirements, the commercial use shall be required to meet the additional off-street parking requirements or be assessed pursuant to the PAD assessment formula for the additional off-street parking requirements.

(B) Should a participant within a PAD have received credit for providing a certain number of off-street parking stalls, and should those parking stalls later be converted to another use or become unavailable for use by that participant, that participant, or the participant's successors or assigns, shall reimburse the City for the credit received in the PAD for those parking stalls that become unavailable for use. This shall not apply where parking stalls are lost due to establishment of a Ci ty utility easement. Any reimbursement received by the City shall be held for those uses allowed pursuant to M .S. § 459.14.

6 1

Mark Borseth

From: Sent: To: Cc: Subject:

Hi Matt and Mark,

Casey Mai <[email protected]> Tuesday, June 16, 2020 12:50 PM m [email protected] Mark Borseth RE: Parking Standards for Multi-Family Dwellings

Sorry I am just getting back to you on this now, I have been in and out of meetings all morning and it has been completely hectic here. Hopefully this email makes it in time prior to todays meeting.

So as you have indicated, when Mr. Whelan constructed his first efficiency apartment building in 2015, the Ordinance per Section 1009 required one space per bedroom plus an additional one space per unit for guest, whereas, today the Ordinance only requires one space per unit plus an additional 0.25 space per unit. What we were finding out from the original Ordinance, there was too much additional parking being required and constructed, ultimately leaving these properties with a sea of pavement that was not being used. One thing we did add to the Ordinance, was allowing the Applicant/Developer to submit proof of parking of what is actually needed.

Since we have modified the Ordinance, we have approved three multi-family projects with this new standard, with only one completing construction to-date. From what we can see, it seems to be improvement as we are now gathering more green space and a lot less sea of pavement that just sits empty, especially on the efficiency apartments. We do think this new ratio works and is much improved. I do think for efficiency apartments, it could even be less yet as it seems the type of people who are leasing these units don't all have vehicles and some just use means of transportation such as bikes or walking. So in all honesty, I could see the 0.25 being eliminated for efficiencies, but I guess that's why we incorporated the proof of parking so developers can get a reduction in parking for unneeded spaces. We would definitely recommend this to any other community who may have stricter requirements.

Hopefully this is what you are looking for and is helpful.

Let us know if you have any additional questions. Good luck!

Thanks

Casey Mai

Planning Director City of Bemidji Greater Bemidji Arca Joint Planning Board 317 4c1i Street NW Bemidji, MN 5660 I Oftice Phone: (2 LS)-759-3594 Fax: (218)-759-3591 casey. [email protected]. us

62

Scaremenr; of Confictentialicv The information in this email message, including attachments, is legally privileged and confidential information intended only for the use of the addressee listed above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. lfyou have received chis electronic transmission in error, please notify t:he sender by replying to this message, and then delete it from your system immediately.

From: mm [email protected] <[email protected]>

Sent: Monday, June 15, 2020 11:59 PM To: Casey Mai <[email protected]>

Cc: 'Mark Borseth' <[email protected]> Subject: Parking Standards for Multi-Family Dwellings

[EXTERNAL]

Hi Casey:

I copied Mark Borseth, City of Thief River Falls Public Works Director, on this email.

As the Planning Director for the Greater Bemidji Area Joint Planning Board, I was wondering if you would be willing to comment on the parking standards for Multi-Family Dwellings. We are working on a one bedroom/efficiency apartment project in Thief River Falls, which is similar to the apartments constructed by Whelan along Norton Ave (site plans attached). As you may be familiar, there was some legwork done for Mr. Whelan's first structure, which resulted in a

parking requirement of 1.25 stalls per unit (for efficiency's). The parking standards under the Joint Planning Board's Ordinance is now 1 stall per bedroom, plus 0.25 additional space per dwelling unit for guest parking.

Based on any information that you have at this time, and any information that has been presented at public hearings, is there any known parking shortfalls associated with the 1.25 parking stall ratio when applied to the efficiency or one bedroom apartments constructed by Whelan along Norton Ave?

Lastly, can you comment generally on how the 1 stall per bedroom, plus 0.25 additional space per dwelling unit has been working out on other projects? Do you think the ratio works, or should adjustments be made for other types of multifamily dwelling units?

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considering the information Tuesday afternoon.

Thank you in advance for your time.

Matt

Matt Murray

Licensed Land Surveyor Murray Surveying, Inc. 304 Third Street NW

Bemidji, MN 56601 Mobile: 218-368-4647 Office: 218-751-5898 Fax: 218-444-9611

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City

Detroit Lakes

Bemidji

Moorhead

Fergus Falls

Thief R;ver Falls

Studio/1 bedroom

1.5 per unit

1 per bedroom + .25 per unit 1.25

1.5 per efficiency unit

1.5 per unit

2 per unit

Parking Requirements

2 Bedrooms 3 +Bedrooms Other Info

2 per unit 2.5 per unit

Requirements changed in 2018.

The previous ordinance

1 per bedroom + .25 per unit 1 per bedroom + .25 per unit was 1 per bedroom + 1 per unit 2.25 3.25

City planner stated that the ir

efficiency requirement is outdated

2 per unit 2.5 per unit and they dropped the requirement to

(1 & 2 bedrooms) 1 space per efficiency unit.

1.5 per unit 1.5 per unit

2 per unit 2 per unit

PROPERTY DESCRIPTION Lois 1·8 Block 1, NOPERS THIRD ADDITION. and Vltealed NOPER AVENUE.

PARCEL INFORMATION Parcel No 2505400110

SHE INFORMATION Zoning: Multi -Family Residential Di•trict (R-4)

l~llotSii• Lot Wl<ll~ F1ont Sotbtel< l•U••ll S1•e Selbaci< Rear Sttl>ack

Number ot parking Spscts Dwoll111g Unit Density

l!!Oltll>!!I ¥u•1iltmfy S1r..o.u14

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REQUJf!EI) PROPOSED 56,000Sq Fl Ill>""") I 1?8, 190. Sq Fl (2 !IC AcrHj 7> 218 a

10 14

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SITE PLAN Application for CUP & Vari.ances

1301 1st ST W Thief River Falls, MN

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#8.02

RESOLUTION NO. : APPROVAL OF CONDITIONAL USE PERMIT AND VARIAN CE FOR MTH OF BEMIDJI, LLC

A request for council action was reviewed. Following discussion, Councilmember __ introduced Resolution No. , being seconded by Councilmernber _ _ , that:

WHEREAS, MTH of Bemidji, LLC completed a 26-unit market rate apartment building in 2019 comprised of l 0 one·bedroorn units and 16 studio units. They are proposing to build two more buildings, each with 18 one-bedroom units and 8 studio units. City code requires a maximum of 40% impervious area or up to 60% impervious area with a Conditional Use Permit. City code also requires two parking spaces per unit and lot area of 3,000 S.F. for the first four units and 2,000 S.F. for each unit after that; and

WHEREAS, MTH of Bemidji, LLC has applied for a Conditional Use Permit to allow 51 % impervious area This is the area of all roofs, sidewalks and parking lots. They have also applied for Variances to allow 1.25 parking spaces per unit and to allow a reduction of 31,810 S.F. in required lot area. The request for variances is because the units are either onebedroom or studio apartments which require less parking and the reduction in area requirement would be tied to the reduced number of parking spaces. To maximize the number of units, allow room for a storm water treatment pond and make the project economically feasible this Conditional Use Permit and Variances are necessary. The Planning Commission recommended approval of the CUP up to 60% and recommended denying the variance requests. The applicant was unable to attend the public hearing due to a change in address and resulting failure to receive the notice. The City Council referred the request back to the Planning Commission to allow testimony by the applicant. A special Planning Commission was held on Tuesday, June 23 for this purpose. The Planning Commission is now recommending approval of the variance requiring 1 14 parking spaces and resulting lot area. This solution was a compromise between the current requirement and the parking space used for a similar building in another community that more closely matches the parking spaces to the number of bedrooms. The recommendation is subject to the owner including language in their lease restricting renters to one car; and


THEREFORE, BE IT RESOLVED, by the City Council, to accept the Planning Commission recommendation to Approve a Conditional Use Permit for up to 60% impervious area and Approve Variances for 114 parking spaces and resulting lot area requirement for MTH of Bemidji, LLC for property located at 1301 First Street West. This recommendation is subject to the owner including language in their lease restricting renters to one car.


Introduced by: -----------~

Seconded by: - - ----------

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad - -

_ Narverud 66

City of Thief River Falls I #a.03 I

Police Department

!02 West First Street, P.O. Box 413 Thief River Falls, MN 5670 I

PHONE: 218 681-6161 FAX: 218 683-7006


Date: July 7, 2020

Subject: Approval to Begin Process to Fill Position of Patrol Officer

Recommendation: It is respectfully requested the Council consider the following:

Motion To: Accept the Committee of the Whole recommendation to begin the process of filling the position of Patrol Officer. The position is a LELS Union Grade Level 6 non-exempt position. The Patrol Officer vacancy will be opened to the public for filling.

Background: Due to the resignation of Ryan Basset, effective July 26, 2020, the position is vacant and has been determined to fill the position to continue the efficiency of the department.

Financial Consideration: This is a budgeted item for 2020.

Department Head: Marissa Adam, Interim Chief of Police

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I #a.03 I

RESOLUTION NO. : APPROVAL TO BEGIN PROCESS TO FILL POSITION OF PATROL OFFICER

A request for collllcil action was reviewed. Following discussion, Collllcilmember __ introduced Resolution No. , being seconded by Councilmember _ _ , that:

WHEREAS, due to the resignation of Ryan Basset, effective July 26, 2020, the position is vacant and has been determined to fill the position to continue the efficiency of the department.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Committee of the Whole recommendation to begin the process of filling the position of Patrol Officer. The position is a LELS Union Grade Leve l 6 non-exempt position. The Patrol Officer vacancy will be opened to the public for filling.


Introduced by: -----------

Seconded by: -----------

Roll Call (if required): Holmer Howe Sollom Lorenson Brown Prudhomme Aarestad Narverud

Notes: -------------------------~

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June 24, 2020

Brian Holmer, Mayor, City of Thief River falls City Hall P.O. Box 528 Thief River Falls, MN 56701

Mayor Holmer:

I am resigning from my position on the City of Thief River Falls Planning Commission effective immediately. My hearing has deteriorated to the point where even with hearing aids I feel I cannot participate effectively in the business of the Planning Commission.

I thank you and previous Mayors and City Councils for the privilege of serving on the Planning Commission. I have enjoyed working with past and present Commission members and staff.

Sincerely,

CC: Richard Sjoberg, Chairman, Pfanning Commission

Mark Borseth, Administrator, Planning Commission

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THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY - JULY 7, …F0A915C0... · This money will go back...

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Transcript of THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY - JULY 7, …F0A915C0... · This money will go back...