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MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF MOORHEAD, MINNESOTA JUNE 7, 2004

Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Moorhead, Clay County, Minnesota, was duly held in the Council Chambers, City Hall, the 7th day of June, 2004, at 7:00 p.m. The following members were present for roll call: Mayor Voxland, Council Members Otto, Kelsven, Wray Williams, Rowell, Hunt, Winterfeldt-Shanks, Danielson, Lemke; and the following were absent: none. The following news media representatives were present: Jonathan Knutson, The Forum; Lisa Budeau, KXJB-TV. Citizens Addressing the Council Dr. Carl Bailey, Comstock Society, expressed his pleasure with the City of Moorhead assuming the management responsibilities for the Comstock House. He also conveyed his thanks to the Mayor and Council. Council Member Rowell moved, seconded by Council Member Wray Williams, to amend the agenda by adding the following items: #40-A Ordinance No. 2004-18 An Ordinance to Create and Enact Sections 1-4-4 and 3-3-7.D, and to Amend and Reenact Section 3-3-8 of the Moorhead City Code Relating to Administrative Citations and Civil and Criminal Penalties #40-B an update on a liquor license suspension. Which motion passed by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-A, seconded by Council Member Hunt: WHEREAS, the claims attributable to the Moorhead Public Service Department have been audited by their General Manager and approved by the Moorhead Public Service Commission; and WHEREAS, the claims against the City of Moorhead have been audited by the City Manager, distributed to the appropriate funds and are on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the claims be allowed, also that the Finance Director be instructed to draw warrants in payment of such claims from the respective funds as set forth, and Mayor and City Manager be instructed to countersign such warrants.

General Community Development Library $401,130.37 $3,804.90 $3,867.75

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

Park Heritage Hjemkomst Mass Transit Economic Development E D A Tax Levy Community Marketing Contribution Fund Pactiv Permanent Improvement 2001 Flood Disaster Capital Improvements Special Assessment Debt Service Permanent Improvement Revolving Storm Water Utility Wastewater Treatment Sanitation Municipal Airport Golf Courses Sports Center Forestry Pest Control Radio & Communications Computer Self Insurance Community Access Television Public Service Total $ $30,531.79 $11,727.20 $62,976.30 $13,569.15 $5,056.25 $1,087.24 $981.51 $500.00 $108,133.11 $24.68 $19,471.14 $986.12 $1,215,161.66 $50,227.71 $240,823.62 $90,871.84 $1,651.92 $37,724.35 $9,778.47 $23,742.97 $1,621.51 $334.74 $8,956.64 $1,041.16 $155.27 $857,461.15 3,203,400.52

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Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams moved, seconded by Council Member Hunt, to approve the following licenses/bonds: CIGARETTE/TOBACCO PRODUCTS LICENSE Jerry's 1 Stop Conv Store............................................................... $100.00 FIRE PREVENTION LICENSES Bowling Lanes All Star Bowl, 309 17th St N .............................................................. $25.00 Fireworks Sales and/or Storage and Temporary Membrane Structure B. J. Alan Company, Tent located at K-Mart, 3000 Hwy 10 E........ $125.00 Spray Painting/Undercoating/Other Chrome-It, 2207 29th St S................................................................. $25.00 Welding and Cutting Bledsoe Rail Service, Inc, 1828 23rd St S......................................... $25.00

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Welding/Spray Painting Fm Auto Body, 1715 1st Ave S ......................................................... $25.00 FOOD/BEVERAGE/LODGING LICENSES Lil Food Wagon .............................................................................. $100.00 MASSAGE THERAPIST LICENSE Rebekah Kay Onstad, 725 8th St N #3, Fargo ND ......................... $200.00 Which motion passed by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-B, seconded by Council Member Hunt: WHEREAS, the Moorhead City Council, as evidenced by Resolution #2004-101-D, adopted the schedule of regular Council meeting dates for calendar year 2004; and WHEREAS, following consideration of the aforementioned schedule, the Moorhead City Council finds the cancellation of a meeting would not conflict with the operation of the City; however, said cancellation requires Council approval of such. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the City Council does hereby approve the cancellation of regular meeting scheduled for August 16, 2004. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-C, seconded by Council Member Hunt: BE IT RESOLVED, by the City Council and City of Moorhead, Mayor and City Council are authorized to enter in and execute an agreement for and on behalf of the City of Moorhead with Lake Agassiz Arts Council in the amount of $2,000 to underwrite the Taste of the Valley Funds for Moorhead RiverArts activities during the period of June 8, 2004 through August 17, 2004; Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-D, seconded by Council Member Hunt: WHEREAS, the City Council of the City of Moorhead approved tax incentives to Sam Adams on July 7th, 2003; and WHEREAS, due to the death of Mr. Adams' father, construction of the new facility was not pursued in the 2003 construction season; and WHEREAS, Sam Adams has requested an extension of the incentives and the expansion of Moorhead business is beneficial to the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead to approve and extend the Property Tax exemption for the years 2006 and 2007 on parcel

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

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#58-721-0620 and approve and extend the Sales Tax Credit to be payable in 2004 up to a total of $6,000; and BE IT FURTHER RESOLVED by the City Council of the City of Moorhead to authorize the Mayor and City Manager to execute agreements and related documents. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced for first consideration, seconded by Council Member Hunt: ORDINANCE NO. 2004-16 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP IN ACCORDANCE WITH CHAPTER 3 OF TITLE 10 OF THE MOORHEAD CITY CODE REZONING ELISE'S FIRST ADDITION TO THE CITY OF MOORHEAD, CLAY COUNTY, MINNESOTA FROM TZ, TRANSITION, TO R3, LIMITED FAMILY RESIDENTIAL, AND R4, MULTI-FAMILY RESIDENTIAL Which ordinance passed first consideration by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-E, seconded by Council Member Hunt: WHEREAS, Charles East River Investments, LLC has requested preliminary and final plat approval of Elise's First Addition; and WHEREAS, the City of Moorhead Planning Commission held a public hearing regarding said request on May 4, 2004 and June 1, 2004 and recommended preliminary and final plat approval of Elise's First Addition; and WHEREAS, the City Council of the City of Moorhead finds the preliminary and final plat of Elise's First Addition, as amended, consistent with Section 11-3-3 of the Moorhead City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the preliminary and final plat of Elise's First Addition is hereby approved, contingent upon the following conditions: 1. 2. 3. Approval of the rezoning request from TZ to R3 and R4. Payment of cash in lieu of parkland dedication in the amount of $26,700. A Developer's Agreement being drafted and entered into between the developer and City, which would include provisions specifying the location and installation of sidewalk and boulevard trees, and would include a provision limiting total allowable density to 267 dwelling units within Elise's First Addition. The applicant obtaining necessary federal, state and local. Submission and approval of a Drainage Plan.

4. 5.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-F, seconded by Council Member Hunt:

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

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WHEREAS, East River Investments, LLC has requested preliminary and final plat approval of Elise's First Addition; and WHEREAS, the final plat of Elise's First Addition was approved by the City Council of the City of Moorhead on June 7, 2004; and WHEREAS, the City of Moorhead and East River Investments, LLC are desirous of executing agreements stipulating the terms and conditions regarding the development of Elise's First Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the Mayor and City Manager are hereby authorized and directed to execute on behalf of the City of Moorhead a developers agreement stipulating the terms and conditions for development South Elise's First Addition. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-G, seconded by Council Member Hunt: WHEREAS, Homeland Developers, Inc. has requested a planned unit development by conditional use permit to allow flexibility in the application of side yard setback requirements, which property is legally described as: Lots 2-5, Block 2 and Lot 10, Block 1, Elder's Second Addition to the City of Moorhead, Clay County, Minnesota WHEREAS, the Moorhead Planning Commission held a public hearing on June 1, 2004 and has recommended approval of the planned unit development by conditional use permit request; and WHEREAS, the City Council of the City of Moorhead concurs with the recommendation of the Planning Commission finding the planned unit development is consistent with Sections 10-4-3E and 10-28-1 of the Moorhead Zoning Ordinance and the goals of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the request of Homeland Developers, Inc. for a planned unit development by conditional use permit to allow flexibility in the application of side yard setback standards, is approved, subject to the following provisions: No structure may be located closer than 3-feet from an interior side yard lot line. No exception to any street side yard setback will be allowed. The primary structure may be located up to 3-feet from the property line provided that portion of the structure is used for accessory purposes and not as living quarters. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-H, seconded by Council Member Hunt:

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

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WHEREAS, Eid-Co has requested preliminary and final plat approval of Belsly's Fourth Addition, a replat of Lots 5-11, Block 1 of Belsly's Third Addition; and WHEREAS, the City of Moorhead Planning Commission held a public hearing regarding said request on June 1, 2004 and recommended preliminary and final plat approval of Belsly's Fourth Addition; and WHEREAS, the City Council of the City of Moorhead finds the final plat of Belsly's Fourth Addition consistent with Section 11-3-3 of the Moorhead City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the preliminary and final plat of Belsly's Fourth Addition is hereby approved, subject to application of the provisions of the Belsly's Third Addition Developer's Agreement. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-I, seconded by Council Member Hunt: WHEREAS, Erickson Contracting has requested preliminary and final plat approval of Erickson First Addition, a replat of Part of Lot 14, Block 1, Moorhead Industrial Park Seventh Addition; and WHEREAS, the City of Moorhead Planning Commission held a public hearing regarding said request on June 1, 2004 and recommended preliminary and final plat approval of Erickson First Addition; and WHEREAS, the City Council of the City of Moorhead finds the preliminary and final plat of Erickson First Addition consistent with Section 11-3-3 of the Moorhead City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the preliminary and final plat of Erickson First Addition is hereby approved, provided that boulevard trees are planted as required by Section 11-5-10 of the Moorhead Subdivision Ordinance. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-J, seconded by Council Member Hunt: WHEREAS, Proffutt LP has requested a Comprehensive Plan Amendment to designate property legally described as South Elementary School Second Addition to the City of Moorhead, Clay County, Minnesota, as Medium Density Residential Use and High Density Residential Use, as found upon the Future Land Use Map of the City of Moorhead's 1997 Comprehensive Plan; and WHEREAS, the Moorhead Planning Commission held a public hearing on June 1, 2004 and has recommended approval of the Comprehensive Plan Amendment; and WHEREAS, the City Council of the City of Moorhead concurs with the recommendation of the Planning Commission finding the amendment does correct a mistake in the Comprehensive Plan or reflect changes in the community or issues that were not

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

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anticipated by the Plan, is compatible with surrounding land uses and is consistent with the goals and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Moorhead that the request of Proffutt LP for a Comprehensive Plan Amendment to designate property legally described as South Elementary School Second Addition to the City of Moorhead, Clay County, Minnesota, as Medium Density Residential Use, as found upon the Future Land Use Map of the City of Moorhead's 1997 Comprehensive Plan, is approved. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced for first consideration, seconded by Council Member Hunt: ORDINANCE NO. 2004-17 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP IN ACCORDANCE WITH CHAPTER 3 OF TITLE 10 OF THE MOORHEAD CITY CODE REZONING SOUTH ELEMENTARY SCHOOL SECOND ADDITION TO THE CITY OF MOORHEAD, CLAY COUNTY, MINNESOTA, FROM TZ, TRANSITION, TO R1, SINGLE FAMILY RESIDENTIAL, R2, SINGLE AND TWO-FAMILY RESIDENTIAL, AND R4, MULTI-FAMILY RESIDENTIAL Which ordinance passed first consideration by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-K, seconded by Council Member Hunt: WHEREAS, Proffutt LP has requested preliminary and final plat approval of South Elementary School Second Addition; and WHEREAS, the City of Moorhead Planning Commission held a public hearing regarding said request on June1, 2004 and recommended preliminary and final plat approval of Southfield Addition; and WHEREAS, the City Council of the City of Moorhead finds the final plat of South Elementary School Second Addition consistent with Section 11-3-3 of the Moorhead City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the preliminary and final plat of South Elementary School Second Addition is hereby approved, subject to the following conditions: 1. 2. 3. 4. 5. Approval of the Comprehensive Plan amendment and rezoning request. The applicant obtaining necessary federal, state and local permits. Dedication of and 20-foot easement from the 41st Avenue South right-of-way to the actual stormwater retention pond. Submission and approval of a Drainage Plan. A Developer's Agreement being drafted and entered into between the developer and City, which would include provisions specifying the location and installation of sidewalk and boulevard trees, specify the conditions of parkland dedication, and would include a provision limiting total allowable density upon Lots 6 and 7, Block 1 to 70 total dwelling units.

Which resolution was declared duly adopted by unanimous vote.

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

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Council Member Wray Williams introduced the following resolution #2004-601-L, seconded by Council Member Hunt: WHEREAS, Proffutt LP has requested preliminary and final plat approval of South Elementary School Second Addition; and WHEREAS, the final plat of South Elementary School Second Addition was approved by the City Council of the City of Moorhead on June 7, 2004; and WHEREAS, the City of Moorhead and Proffutt LP are desirous of executing agreements stipulating the terms and conditions regarding the development of South Elementary School Second Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the Mayor and City Manager are hereby authorized and directed to execute on behalf of the City of Moorhead a developers agreement stipulating the terms and conditions for development South Elementary School Second Addition. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-M, seconded by Council Member Hunt: JOINT RESOLUTION BETWEEN THE TOWN OF MOORHEAD AND THE CITY OF MOORHEAD DESIGNATING AN AREA FOR ORDERLY ANNEXATION PURSUANT TO MINNESOTA STATUTE 414.0325 South Half of the Northwest Quarter of Section 28, Moorhead Township, Clay County, Minnesota (Vette) BE IT RESOLVED by the Town of Moorhead, hereinafter referred to as "the Town", by and through its Board of Supervisors; and the City of Moorhead, hereinafter referred to as "the City", by and through its City Council, that the Town and City do hereby jointly agree to the following: I. Definitions For the purposes of this Joint Resolution the following definitions will mean: 1. City. Will mean the City of Moorhead, Minnesota, a municipal corporation duly organized and existing under the laws of the State of Minnesota, except whenever in the provisions of this document reference is made to water or electrical services, then and in that case, "City" will include within its meaning both the City of Moorhead and the Moorhead Public Service Commission, a board to which the control, management and operation of all City water and electrical systems have been committed by Section 12.02 of the Moorhead City Charter. 2. County. Will mean the County of Clay, Minnesota, a body corporate and politic duly organized and existing under the laws of the State of Minnesota. 3. Effective Date of Annexation. Will mean the date Minnesota Department of Administration ­ Municipal Boundary Adjustment issues its order approving the

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 annexation contemplated in the initiating Resolution.

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4. Effective Date of this Joint Resolution. Will mean the date Minnesota Department of Administration ­ Municipal Boundary Adjustment accepts this Joint Resolution for filing. 5. Initiating Resolution. Will mean this Joint Resolution adopted by the City and filed with Minnesota Department of Administration ­ Municipal Boundary Adjustment. 6. Joint Resolution. Will mean the Joint Resolution between the Town and the City designating an area for orderly annexation pursuant to Minnesota Statute Section 414.0325. 7. Minnesota Department of Administration ­ Municipal Boundary Adjustment. Will mean Minnesota Department of Administration ­ Municipal Boundary Adjustment, which is created by Minnesota Statute Section 414.01. 8. Orderly Annexation Area. Will mean that area of the Town of Moorhead, Clay County, Minnesota, legally described as: PARCEL 1 ­ (Vette - R21.028.2700) S ½, NW ¼ , Less 5.163 acres and road and railroad right-of-way, Less 6.21 Acres of Section 28, T139N, R48W of the Fifth Principal Meridian, Clay County, Minnesota, Less any area already within City Limits, containing 72.15 acres more or less. and a map of which is attached as Exhibit A. 9. Town of Moorhead. Will mean the Town of Moorhead, a body corporate and politic, duly organized under the laws of the State of Minnesota. II. Population The population of the Orderly Annexation Area is zero and the population of the City of Moorhead will not increase as a result of annexation. Reason for Annexation It is specifically found that: 1. Certain Properties Urban or Suburban. Certain areas within the Town abutting upon the City are presently or are about to become urban or suburban in nature. 2. City Capable of Providing Services. City has provided or is capable of providing wastewater collection services and water distribution and is capable of providing additional municipal service to this property to adequately protect the public health, safety, and general welfare of the property. IV. Annexation Date All property within the Orderly Annexation Area will be annexed to the City upon the date that Minnesota Department of Administration ­ Municipal Boundary Adjustment issues its order approving annexation following Minnesota Department of Administration ­ Municipal Boundary Adjustment acceptance of this Joint Resolution.

III.

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 V.

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Zoning/Subdivision/Land Use Control Regulations Upon the effective date of annexation, the Orderly Annexation Area will be zoned TZ, Transitional Zone, so that the entire Orderly Annexation Area will be governed by the City's comprehensive land use plan and subdivision regulations as such plan and regulations may be amended, modified or replaced from time to time. Electric Service The provisions of electric service vests with the Moorhead Public Service Commission, a board to which the control, management, and operation of the City's electrical system has been committed by Section 12.02 of the Moorhead City Charter. The policy of the Moorhead Public Service Commission and the City of Moorhead is to have the Moorhead Public Service Department provide electric service to all property located within the City of Moorhead. No Referendum As all of the conditions for annexation are contained within and have been mutually agreed upon by the Town and City, at the time of annexation of the Orderly Annexation Area no referendum will be conducted. Modifying/Amending Joint Resolution The parties to this agreement concur that this agreement will not be modified or amended, nor will the stated boundaries be altered unless mutually agreed to through resolution of each party and acceptance by Minnesota Department of Administration ­ Municipal Boundary Adjustment. Ordering in of Annexation Upon receipt of an Initiating Resolution under this Joint Resolution, Minnesota Department of Administration ­ Municipal Boundary Adjustment may review and comment but will, within 30 days, order the annexation in accordance with the terms of this Joint Resolution. Town/City Cooperation The Town and City resolve to fully cooperate with Minnesota Department of Administration ­ Municipal Boundary Adjustment in connection with this Joint Resolution and its agreements.

VI.

VII.

VIII.

IX.

X.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-N, seconded by Council Member Hunt: WHEREAS, pursuant to an advertisement for bids for construction of Curb, Gutter and Paving in Evergreen Meadows 1st Addition, Eng. No. 04-A2-3, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Aggregate Industries Sherbrooke Asphalt Northern Improvement Central Specialties Border States Paving Engineer's Estimate $244,129.35 $261,373.21 $263,545.80 $276,098.45 $295,831.00 $273,861.00

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, Minnesota that: 1. It is found, determined and declared that the lowest responsible bid with respect to the proposed improvement was received from Aggregate Industries of Moorhead, MN. Said bid is in all respects in accordance with the plans and specifications heretofore approved by the City Council. Thus, said bid is hereby in all things approved and accepted. Funding for this project shall be funded through the PIR fund and assessed to the benefiting property owners. The Mayor and City Manager are hereby authorized and directed to enter into a Contract with Aggregate Industries of Moorhead, MN for construction of Curb, Gutter and Paving in Evergreen Meadows 1st Addition, Eng. No. 04-A2-3, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed.

2.

3.

4.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-0, seconded by Council Member Hunt: WHEREAS, pursuant to an advertisement for bids for construction of a Storm Water Lift Station in Evergreen Meadows 1st Addition, Eng. No. 04-A5-4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Wanzek Construction G & G Farms Geo. E. Haggart Kindred Plumbing Municipal Industrial Contracting Ellingson Companies Landwehr Construction Construction Engineers Engineer's Estimate $247,140.00 $249,962.58 $253,435.00 $258,821.80 $264,050.00 $275,367.00 $277,282.50 $387,873.00 $206,240.00

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, Minnesota that: 1. It is found, determined and declared that the lowest responsible bid with respect to the proposed improvement was received from Wanzek Construction of Fargo, ND. Said bid is in all respects in accordance with the plans and specifications heretofore approved by the City Council. Thus, said bid is hereby in all things approved and accepted. Funding for this project shall be funded through the PIR fund and assessed to the

2.

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 benefiting property owners. 3.

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The Mayor and City Manager are hereby authorized and directed to enter into a Contract with Wanzek Construction of Fargo, ND for construction of a Storm Water Lift Station in Evergreen Meadows 1st Addition, Eng. No. 04-A5-4, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed.

4.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-P, seconded by Council Member Hunt: WHEREAS, plans and specifications for construction of Underground Utilities and Street Paving in MCCARA 3rd Addition, Eng. No. 03-A6-1 have been prepared and are available for review in the Engineering office; and WHEREAS, the City has received final approval of the plans and specifications by the MN Department of Commerce Economic Development Authority (EDA) and bids will be advertised as required by law and in accordance with EDA requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead as follows: 1. Such plans and specifications, a copy of which is on file in the office the City Clerk, are hereby approved. The City Clerk shall prepare and cause to be inserted in the legal paper an advertisement for bids for the making of such improvements under such approved plans and specifications. The advertisement shall be published four times with the first advertisement appearing a minimum of 30 days before the scheduled bid opening, and the advertisements will state the time and place that bids will be opened. The ad shall also state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for ten percent (10%) of the amount of such bid.

2.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-Q, seconded by Council Member Hunt: BE IT RESOLVED, by the City Council of the City of Moorhead as follows: 1. Certain petitions requesting the construction of Water Main Replacements and Street Construction at 4th Street and 2nd Avenue South, Eng. No. 04-A8-1, are hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes,

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 Section 429.035. 2.

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The proposed improvements are hereby referred to the City Engineer. He is instructed to report and advise to the Council, with all convenient speed, in a preliminary way, as to whether the proposed improvement is feasible, should be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-R, seconded by Council Member Hunt: WHEREAS, pursuant to a resolution of the Council adopted June 7, 2004, a report has been prepared by the City Engineering Office with reference to water main replacement at 4th Street and 2nd Avenue South, Eng. No. 04-A8-1; and WHEREAS the Council received this report on June 7, 2004. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead as follows: 1. Such improvements are hereby ordered as proposed in the Council Resolution adopted June 7, 2004. Moore Engineering is hereby designated as the engineer for these improvements and shall prepare plans and specifications for the making of such improvements.

2.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-S, seconded by Council Member Hunt: WHEREAS, plans and specifications for construction of Water Main Replacements and Street Construction at 4th Street and 2nd Avenue South, Eng. No. 04-A8-1 have been prepared and are available for review in the Engineering office; and WHEREAS, Moore Engineering has prepared the plans and specifications for the construction of Water Main Replacements and Street Construction at 4th Street and 2nd Avenue South, Eng. No. 04-A8-1; and WHEREAS, City Engineering staff has reviewed the plans; which are available for review in the Engineering Office; and WHEREAS, bids for this project will be advertised as required by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead as follows: 1. Such plans and specifications, a copy of which is on file in the office the City Clerk, are hereby approved.

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 2.

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The City Clerk shall prepare and cause to be inserted in the legal paper an advertisement for bids for the making of such improvements under such approved plans and specifications. The advertisement shall be published twice with the first advertisement appearing a minimum of 21 days before the scheduled bid opening, and the advertisements will state the time and place that bids will be opened. The ad shall also state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for ten percent (10%) of the amount of such bid.

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-T, seconded by Council Member Hunt: WHEREAS, Moore Engineering, on behalf of the developer, has prepared plans and specifications for water main replacements and street construction at 4th Street and 2nd Avenue South, Eng. No. 04-A8-1, under a private contract; and WHEREAS, the Developer has requested the engineering services be contracted to the City of Moorhead and assessed to the benefiting properties as outlined in the developer's agreement; and WHEREAS, at the request of city staff, Moore Engineering submitted a proposal to perform design and construction services for these improvements for a lump sum fee of $46,000; and WHEREAS, costs for these services will be funded by PIR. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, Minnesota that the proposed agreement is approved and the Mayor and City Manager are authorized to enter into the agreement with Moore Engineering for design and construction engineering services for water main replacements and street construction at 4th Street and 2nd Avenue South, Eng. No. 04-A8-1. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-U, seconded by Council Member Hunt: BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Moorhead to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 86622", SP # 144-128-10, M.P. SPTX 1405(097), Eng. No. 01-13-10-P3 for the reconstruction of TH 75 and 30th Avenue South in Moorhead, MN, a copy of which said agreement was before the City Council and which is made a part hereof by reference.

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 Which resolution was declared duly adopted by unanimous vote.

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Council Member Wray Williams introduced the following resolution #2004-601-V, seconded by Council Member Hunt: BE IT RESOLVED by the City Council of the City of Moorhead, that the following classifications of liquor licenses be recommended for approval for renewal for the year 2004-2005, contingent upon those license holders making payment of their taxes, appropriate license fees and provision of the necessary liability insurance to the City Clerk; said classifications are: 3.2 Percent Malt Liquor (On-Sale) Licenses All Star Bowl 309 17th Street North Res Mgr: Robert Swenson Petty Enterprises dba: Gio's Pizzeria 420 Center Avenue Res Mgr: Rebecca Davis Merand, Inc. dba: Speak Easy on the Green (Village Green) 3420 Village Green Blvd Res Mgr: Jim Mercil 3.2 Percent Sunday Malt Liquor (On-Sale) Licenses All Star Bowl Duane's House of Pizza 309 17th Street North 2223 Hwy 10 East Res Mgr: Robert Swenson Res Mgr: Harold Schultz Petty Enterprises dba: Gio's Pizzeria 420 Center Avenue Res Mgr: Rebecca Davis Merand, Inc. dba: Speak Easy on the Green (Village Green) 3420 Village Green Blvd Res Mgr: Jim Mercil NPC International Inc. dba: Pizza Hut 2902 Hwy 10 East Res Mgr: John Donahue

Duane's House of Pizza 2223 Hwy 10 East Res Mgr: Harold Schultz NPC International Inc. dba: Pizza Hut 2902 Hwy 10 East Res Mgr: John Donahue

Wine On-Sale Liquor License Red River Valley Center/Moorhead Inc. dba: Heritage Hjemkomst Int. Center 202 1st Ave North Res Mgr: Dean Sather

Malt Liquor (On-Sale) License Red River Valley Center/Moorhead Inc. Dba: Heritage Hjemkomst Int. Center

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 202 1st Ave North Res Mgr: Dean Sather

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Club On-Sale Liquor Licenses Melvin E. Hearl, Post #21 dba: American Legion 303 30th Street North Res Mgr: Mike Carney Moorhead Country Club, Inc. dba: Moorhead Country Club 2101 North River Drive Res Mgr: Larry Murphy

Columbia Club of Moorhead, Inc. dba: Knights of Columbus 915 Main Avenue Res Mgr: Joseph Johanneck

On-Sale Intoxicating Liquor Licenses Sterling Restaurant Mgmt Group LLC dba: Bennigan's Grill & Tavern 3333 Hwy 10 East Res Mgr: Christopher Korfe JT Investments, Inc. dba: Coach's Sports Pub & Buffet 617 Center Avenue Res Mgr: Andrew Johnson PC Hotels LLC dba: Days Inn & Conf Center Moorhead 600 30th Avenue South Res Mgr: Vickie Swenson I-Beam Corp. dba: I-Beam 1021 Center Avenue Res Mgr: Mark Amon Merand, Inc. dba: Speak Easy on the Green (Meadows) 401- 34th Street South Res Mgr: Jim Mercil O'Leary's of Moorhead, Inc. dba: O'Leary's Pub 800-808 30th Avenue So. Res Mgr: Michael O'Leary Ralph's Corner, Inc. dba: Ralph's Corner 23 South 4th Street Res Mgr: Donald R. Wood

J.C. Chumley's Inc. dba: J.C. Chumley's 1608 Main Avenue Res Mgr: Gary Peterson Moorhead Hospitality Limited Partnership dba: Courtyard by Marriott 1080 28th Avenue South Res Mgr: Jennifer Seifert-Brenna Imperial Entertainment, Inc dba: Foxes 123 21st Street South Res Mgr: Jeremy Miller Jerry's Bar, Inc. dba: Jerry's Steakhouse & Lounge 1500 11th Street North Res Mgr: Sherry Keogh Kragtree Inc. dba: Mick's Office 10 South 8th Street Res Mgr: Terry Kragero Yellow Rose Inc. dba: Pistol Pete's 3108 9th Street So Res Mgr: Peter Iverson TBG Associates LLC dba: Red Bear Grill & Tavern 700 1st Avenue North Res Mgr: Roger Erickson

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 Sarello's Inc. dba: Sarello's 28 North 4th Street Res Mgr: Anthony Nasello Strike Inc. dba: Sunset Lanes 620 Hwy 75 North Res Mgr: Michael Letness Fergen, Inc. dba: Vic's Lounge 420 Center Avenue Res Mgr: Douglas Fergen 2 A.M. On-Sale Licenses J.C. Chumley's Inc. dba: J.C. Chumley's 1608 Main Avenue Res Mgr: Gary Peterson Imperial Entertainment, Inc dba: Foxes 123 21st Street South Res Mgr: Jeremy Miller Kragtree Inc. dba: Mick's Office 10 South 8th Street Res Mgr: Terry Kragero Yellow Rose Inc. dba: Pistol Pete's 3108 9th Street So Res Mgr: Peter Iverson Veterans of Foreign Wars Post #1223 dba: VFW #1223 2201 1st Avenue North Res Mgr: Donald Myers On-Sale Sunday Intoxicating Liquor Licenses Melvin E. Hearl, Post #21 dba: American Legion 303 30th Street North Res Mgr: Mike Carney Moorhead Country Club 2101 North River Drive Res Mgr: Larry Murphy JT Investments, Inc. dba: Coach's Sports Pub & Buffet 617 Center Avenue Res Mgr: Andrew Johnson I-Beam Corp. dba: I-Beam 1021 Center Avenue Res Mgr: Mark Amon O'Leary's of Moorhead, Inc dba: O'Leary's Pub 800-808 30th Avenue So Res Mgr: Michael O'Leary Ralph's Corner, Inc. dba: Ralph's Corner 23 South 4th Street Res Mgr: Donald R. Wood Fergen, Inc. dba: Vic's Lounge 420 Center Avenue Res Mgr: Douglas Fergen Merand Inc. dba: Speak Easy 1001 30th Avenue So Res Mgr: Jim Mercil

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Veterans of Foreign Wars Post #1223 dba: VFW #1223 2201 1st Avenue North Res Mgr: Donald Myers

Columbia Club of Moorhead, Inc. dba: Knights of Columbus 915 Main Avenue Res Mgr: Joseph Johanneck

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 Sterling Restaurant Mgmt Group LLC dba: Bennigan's Grill & Tavern 3333 Hwy 10 East Res Mgr: Christopher Korfe JT Investments, Inc. dba: Coach's Sports Pub & Buffet 617 Center Avenue Res Mgr: Andrew Johnson PC Hotels LLC dba: Days Inn & Conf Center Moorhead 600 30th Avenue South Res Mgr: Vickie Swenson Jerry's Bar, Inc. dba: Jerry's Steakhouse & Lounge 1500 11th Street North Res Mgr: Sherry Keogh Kragtree Inc. dba: Mick's Office 10 South 8th Street Res Mgr: Terry Kragero Yellow Rose Inc. dba: Pistol Pete's 3108 9th Street So Res Mgr: Peter Iverson TBG Associates LLC dba: Red Bear Grill & Tavern 700 1st Avenue North Res Mgr: Roger Erickson Merand Inc. dba: Speak Easy 1001 30th Avenue So Res Mgr: James Mercil Veterans of Foreign Wars Post #1223 dba: VFW #1223 2201 1st Avenue North Res Mgr: Donald Myers Off-Sale 3.2 Percent Malt Liquor Licenses Jerry's Bar, Inc. dba: Jerry's Steakhouse & Lounge 1500 11th Street North Res Mgr: Sherry Keogh J.C. Chumley's Inc. dba: J.C. Chumley's 1608 Main Avenue Res Mgr: Gary Peterson

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Moorhead Hospitality Limited Partnership dba: Courtyard by Marriott 1080 28th Avenue South Res Mgr: Jennifer Seifert-Brenna I-Beam Corp. dba: I-Beam 1021 Center Avenue Res Mgr: Mark Amon Merand, Inc. dba: Speak Easy on the Green (Meadows) 401 34th Street South Res Mgr: Jim Mercil O'Leary's of Moorhead, Inc. dba: O'Leary's Pub 800-808 30th Avenue So. Res Mgr: Michael O'Leary Ralph's Corner, Inc. dba: Ralph's Corner 23 South 4th Street Res Mgr: Donald R. Wood Sarello's, Inc. dba: Sarello's 28 4th Street North Res Mgr: Anthony Nasello Strike, Inc. dba: Sunset Lanes 620 Hwy 75 North Res Mgr: Michael Letness Fergen, Inc. dba: Vic's Lounge 420 Center Avenue Res Mgr: Douglas Fergen

Jerry's One Stop dba: Jerry's One Stop 1500 11th Street North Res Mgr: Michele Keogh

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 Off-Sale Intoxicating Liquor Licenses Bernie's Liquors, Inc. dba: Bernie's Wines & Liquors 124 11th Street North Res Mgr: Bernice Chesnick Brookdale Liquors, Inc. dba: Brookdale Liquors 2519 8th Street South Res Mgr: Jacqueline Rheault Coborn's Inc. dba: Cash Wise Liquors 3310 Hwy 10 East Res Mgr: Thomas Sorenson David L. Ambuehl Dba: 94 Liquors 2511 12th Avenue So Res Mgr: David Ambuehl

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Swanson Enterprises dba: Bottle Barn Liquors 1314 1st Avenue North Res Mgr: Eric Upton American Drugstores (Osco Drug #5022) dba: Case N Bottle 820 30th Avenue South Res Mgr: Randy Westrum Kragtree, Inc. dba: Mick's Office 10 South 8th Street Res Mgr: Terry Kragero Ralph's Corner, Inc. dba: Ralph's Corner 23 South 4th Street Res Mgr: Donald R. Wood

Sherry's Sugar Shack dba: Sherry's Sugar Shack 1500 11th Street N Res Mgr: Sherry Keogh W. D. Liquor Inc. dba: Walgreens 110 11th Street South Res Mgr: Paul Quarve

Fergen, Inc. dba: Vic's Lounge 420 Center Avenue Res Mgr: Douglas Fergen

Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-W, seconded by Council Member Hunt: WHEREAS, the State of Minnesota through Minnesota Statue 352.98 has authorized the Minnesota State Retirement System to establish and administer a Post Retirement Health Care Savings plan; and WHEREAS, the City of Moorhead Fire Fighters, Local 1323, through a majority vote of its members, has expressed their desire to participate in the plan that will allow employees to save money to cover post retirement health care costs after termination of public service; and WHEREAS, the Moorhead City Council finds employees within the Fire Fighters, Local 1323 would participate in this mandatory program based on retirement as outlined below: All employees covered by the Moorhead Fire Fighters; Local 1323 are required to participate in the plan at the following levels. Employees hired on or prior to December 31, 1984 shall upon retirement contribute the cash value of all unused

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

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sick leave and unused vacation time in accordance with MS 352.98 to the plan. All employees hired after December 31, 1984 shall make no contributions to the plan. WHEREAS, the participation of the Fire Fighters Local 1323 in this program is at no cost to the City of Moorhead; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the City Council does hereby authorize implementation of the aforementioned program for the City of Moorhead Fire Fighters, Local 1323, effective immediately. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced for third consideration, seconded by Council Member Hunt: ORDINANCE NO. 2004-12 AN ORDINANCE TO AMEND AND REENACT SECTION 2-3-5 OF THE MOORHEAD CITY CODE RELATING TO LIQUOR LICENSE FEES Which ordinance passed third consideration by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-X, seconded by Council Member Hunt: WHEREAS, the City Council of the City of Moorhead did pass Ordinance No. 2004-12, An Ordinance to Amend and Reenact Section 2-3-5 of the Moorhead City Code Relating to Liquor License Fees; and WHEREAS, a title and summary for publication of the above Ordinance was submitted to the City Council for its review in accordance with Section 3.08 of the Moorhead City Charter; and WHEREAS, the City Council has reviewed the title and summary for said Ordinance for approval and has determined that the title and summary informs the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Moorhead hereby approves the title and summary of Ordinance No. 2004-12, An Ordinance to Amend and Reenact Section 2-3-5 of the Moorhead City Code Relating to Liquor License Fees. A copy of said title and summary was before the City Council and is now of record and on file in the office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Moorhead that the City Clerk is authorized and directed to publish said title and summary in accordance with Section 3.08 of the Moorhead City Charter. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced for third consideration, seconded by Council Member Hunt:

MOORHEAD CITY COUNCIL MINUTES June 7, 2004

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ORDINANCE NO. 2004-14 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP IN ACCORDANCE WITH CHAPTER 3 OF TITLE 10 OF THE MOORHEAD CITY CODE REZONING SOUTHFIELD ADDITION FROM TZ, TRANSITION, TO R1A, SINGLE-AND LIMITED TWO-FAMILY RESIDENTIAL, AND R2, SINGLE AND TWO-FAMILY RESIDENTIAL, AND R4, MULTI-FAMILY RESIDENTIAL Which ordinance passed third consideration by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-601-Y, seconded by Council Member Hunt: WHEREAS, the City Council of the City of Moorhead did pass Ordinance No. 2004-14, An Ordinance Amending the Official Zoning Map in Accordance with Chapter 3 of Title 10 of the Moorhead City Code Rezoning Southfield Addition from TZ, Transition, to R1A, Single- and Limited Two-Family Residential, and R2, Single and Two-Family Residential, and R4, MultiFamily Residential; and WHEREAS, a title and summary for publication of the above Ordinance was submitted to the City Council for its review in accordance with Section 3.08 of the Moorhead City Charter; and WHEREAS, the City Council has reviewed the title and summary for said Ordinance for approval and has determined that the title and summary informs the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Moorhead hereby approves the title and summary of Ordinance No. 2004-14, An Ordinance Amending the Official Zoning Map in Accordance with Chapter 3 of Title 10 of the Moorhead City Code Rezoning Southfield Addition from TZ, Transition, to R1A, Single- and Limited Two-Family Residential, and R2, Single and Two-Family Residential, and R4, Multi-Family Residential. A copy of said title and summary was before the City Council and is now of record and on file in the office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Moorhead that the City Clerk is authorized and directed to publish said title and summary in accordance with Section 3.08 of the Moorhead City Charter. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced for third consideration, seconded by Council Member Hunt: ORDINANCE NO. 2004-15 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP IN ACCORDANCE WITH CHAPTER 3 OF TITLE 10 OF THE MOORHEAD CITY CODE REZONING THAT TRACT OF LAND DESCRIBED AS PART OF THE NORTHEAST QUARTER, EAST OF THE RAILROAD, LESS DITCH AND 4 ACRES, SECTION 22, MOORHEAD TOWNSHIP, CLAY COUNTY, MINNESOTA, FROM TZ, TRANSITION, TO I3, HEAVY INDUSTRIAL Which ordinance passed third consideration by unanimous vote.

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Council Member Wray Williams introduced the following resolution #2004-601-Z, seconded by Council Member Hunt: WHEREAS, the City Council of the City of Moorhead did pass Ordinance No.2004-15, An Ordinance Amending the Official Zoning Map in Accordance with Chapter 3 of Title 10 of the Moorhead City Code Rezoning that tract of land described as: Part of the Northeast Quarter, East of the Railroad, Less Ditch and 4 acres, Section 22, Moorhead Township, Clay County, Minnesota from TZ, Transition, to I3, Heavy Industrial.; and WHEREAS, a title and summary for publication of the above Ordinance was submitted to the City Council for its review in accordance with Section 3.08 of the Moorhead City Charter; and WHEREAS, the City Council has reviewed the title and summary for said Ordinance for approval and has determined that the title and summary informs the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Moorhead hereby approves the title and summary of Ordinance No. 2004-15, An Ordinance Amending the Official Zoning Map in Accordance with Chapter 3 of Title 10 of the Moorhead City Code Rezoning that tract of land described as: Part of the Northeast Quarter, East of the Railroad, Less Ditch and 4 acres, Section 22, Moorhead Township, Clay County, Minnesota from TZ, Transition, to I3, Heavy Industrial. A copy of said title and summary was before the City Council and is now of record and on file in the office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Moorhead that the City Clerk is authorized and directed to publish said title and summary in accordance with Section 3.08 of the Moorhead City Charter. Which resolution was declared duly adopted by unanimous vote. Council Member Rowell introduced a resolution #2004-602, seconded by Council Member Winterfeldt-Shanks, authorizing entering into a management agreement with the Minnesota Historical Society for the Comstock House. John Clemedtson, 6827 Sunnyside Drive, Horace, ND, (grandson of the original homeowner) expressed, on his behalf and family members, their sincere gratitude to Mr. & Mrs. Loeffler for their management assistance over the years. Mr. Clemedtson encouraged Mayor and Council to support the proposed agreement. Resolution #2004-602 reads as follows: WHEREAS, the Comstock House has long held historical significance to the City of Moorhead, and also serves as a valued educational and tourist destination; and WHEREAS, site manager Bob Loeffler is retiring June 1, 2004, leaving Minnesota Historical Society in need of a local organization to take over management of the Comstock House July 1st, 2004; and WHEREAS, Minnesota Historical Society will provide a $32,000 budget which City staff believe will be sufficient to operate the house; and

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that they do hereby authorize the City Manager to enter into a 1-year management agreement with Minnesota Historical Society to operate the Comstock House. BE IT FURTHER RESOLVED by the City Council of the City of Moorhead that Dr. Loeffler be publicly thanked for his long-term voluntary service to the community in managing the Comstock House. Which resolution was declared duly adopted by unanimous vote. Council Member Otto introduced resolution #2004-603, seconded by Council Member Danielson: WHEREAS, the Engineering Office has received requests for the installation of traffic signs, signals and/or pavement markings in various locations throughout the City of Moorhead; and WHEREAS, to ensure compliance with traffic engineering laws, criteria and principles, Ulteig Engineers was retained to provide professional traffic engineering services and has reviewed and studied the various requests and recommends the following signage changes be made: Install stop sign and stop ahead sign at Dale Avenue, south of Brook Avenue. Install crosswalk signs and crosswalk markings at 13th Street South, north of 14th Avenue. Install pavement stop bars at 2nd Avenue South, east and west of 11th Street. Install crosswalk markings at 2nd Avenue South, east and west of 11th Street and at 11th Street, south of 2nd Avenue. Install advanced warning bike crossing sign at southbound 11th Street, north of 2nd Avenue. Install yield signs at 15th Street South, both sides of 3rd Avenue South. Install stop signs at 19th and 20th Streets, both sides of 5th Avenue North. Remove yield sign at 4th Avenue North at 30th Street. Install stop signs on 4th Avenue North, both sides of 30th Street. WHEREAS, the cost of sign installation shall be funded through the Operations budget with a transfer from Mayor and Council Discretionary Fund in the amount of $1,900.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, Minnesota that the City Council does hereby authorize the installation of the aforementioned traffic signs and pavement markings. Which resolution was declared duly adopted by unanimous vote. Council Member Danielson introduced for first consideration, seconded by Council Member Otto:

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ORDINANCE NO. 2004-18 AN ORDINANCE TO CREATE AND ENACT SECTIONS 1-4-4 AND 3-3-7-D, AND TO AMEND AND REENACT SECTION 3-3-8 OF THE MOORHEAD CITY CODE RELATING TO ADMINISTRATIVE CITATIONS AND CIVIL AND CRIMINAL PENALTIES Which ordinance passed first consideration by unanimous vote. Council Member Wray Williams moved, seconded by Council Member Otto, to open the public hearing to consider the conveyance of land to Community Capital Services, Inc., which motion passed by unanimous vote. Lisa Vatnsdal, Community Development Planner, explained the purpose of the public hearing, which is to consider the sale of city-owned land to Community Capital Financial Advisory Services for the construction of Easten Townhomes, the Moorhead Public Housing Agency replacement housing development (located north of 4th Avenue between 28th & 30th Streets North). No one else wished to speak regarding this hearing. Council Member Wray Williams moved, seconded by Council Member Otto, to close the public hearing, which motion passed by unanimous vote. Council Member Rowell introduced the following resolution #2004-604, seconded by Council Member Wray Williams: WHEREAS, the City of Moorhead is the owner of a tract of land located north of 4th Avenue North between 28th Street North and 30th Street North; a 5.04-acre tract legally described as: All of Block 2 of Eastgate First Addition to the City of Moorhead, Clay County, Minnesota together with that part of the south half of Section 3, Township 139 North, Range 48 West of the Fifth Principal Meridian, Clay County, Minnesota described as follows: Commencing at the NW corner of Lot 1, Block 1 of the Replat of Eastgate Second Addition to the City of Moorhead; thence N 00°04'31" W (assumed bearing), along the easterly Rightof-Way line of 30th Street north in the City of Moorhead, for a distance of 237.85 feet to a point of intersection with the northerly Right-of-Way line of 4th Avenue North in the City of Moorhead; thence N 89°55'03" W, along said northerly Right-of-Way line, for a distance of 7.00 feet to the true point of beginning, thence continue N 89°55'03"W, along said northerly Right-of-Way line for a distance of 143.00 feet to the east line of Block 2, Eastgate First Addition, thence N 00°04'31" W, along said east line of block 2 for a distance of 274.75 feet to a point of intersection with the northerly line of the south half of the southwest quarter of said Section 3; thence N 89°51'41" E, along said northerly line, for a distance of 143.00 feet to a point of intersection with the easterly Right-of-Way line of said 30th Street North in the City of Moorhead; thence S 00°04'31" E, along said easterly Right-of-Way line, for a distance of 274.82 feet, more or less, to the point of true beginning. Said tract of land contains 5.036 acres, more or less. WHEREAS, Community Capital Financial Advisory Services desires to purchase said property for the purpose of constructing 30 rental townhomes, which will replace existing rental units owned by Moorhead Public Housing Agency slated for demolition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that,

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subject to a public hearing and consideration of comments received at said hearing, the Mayor and City Manager are herein authorized and directed to execute any and all documents necessary to sell the subject property to Community Capital Financial Advisory Services at a sales price of $155,000. Which resolution was declared duly adopted by unanimous vote. Council Member Danielson introduced the following resolution #2004-605, seconded by Council Member Wray Williams: WHEREAS, Charles Riesenberg has requested preliminary and final plat approval of Easten Townhomes Addition; and WHEREAS, the City of Moorhead Planning Commission held a public hearing regarding said request on June 1, 2004 and recommended preliminary and final plat approval of Easten Townhomes Addition; and WHEREAS, the City Council of the City of Moorhead finds the preliminary and final plat of Easten Townhomes Addition consistent with Section 11-3-3 of the Moorhead City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that the preliminary and final plat of Easten Townhomes Addition is hereby approved, provided that: 1. Boulevard trees are planted as required by Section 11-5-10 of the Moorhead Subdivision Ordinance. 2. Sidewalks are installed as required by Section 11-5-9 of the Moorhead Subdivision Ordinance. 3. Payment of cash in lieu of parkland dedication in the amount of $700 is made prior to the recording of the plat. 4. The applicant obtain necessary federal, state and local permits. Which resolution was declared duly adopted by unanimous vote. Council Member Winterfeldt-Shanks moved, seconded by Council Member Hunt, to open the public hearing to consider MH Properties LLC/Paragon Development LLC, 1001 Center Avenue, for tax incentives on a professional/office/retail building project at 805 and 819 30th Avenue South, which motion passed by unanimous vote. Beth Grosen, Business Development Specialist, explained the purpose of this hearing, which is to consider approval of property tax and sales tax incentives to MH Properties/Paragon Development LLC to construct a two-story office building and a food court facility at 805 and 819 30th Avenue South. No one else wished to speak regarding this hearing. Council Member Wray Williams moved, seconded by Council Member Otto, to close the public hearing, which motion passed by unanimous vote. Council Member Otto introduced the following resolution #2004-606, seconded by Council Member Wray Williams:

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WHEREAS, MH Properties, LLC and Paragon Development LLC (hereinafter the "Project Operator"), is engaged in office and retail leasing; and WHEREAS, the Project Operator, desires to establish its business within the City of Moorhead on certain project property which is legally described as: Lot 1 & 2 less the south 25 ft, Block 3,Belsly's First Addition of the City of Moorhead with Tax Parcel ID numbers of 58-060-0140 and 58-060-0150; and WHEREAS, the City of Moorhead, pursuant to 1998 Laws of Minnesota, Chapter 389, Article 12, Section 9, has authority to grant a partial or complete exemption from property taxation of all buildings, structures, fixtures, and improvements used in or necessary to a qualifying business; and WHEREAS, the City of Moorhead, pursuant to 1998 Laws of Minnesota, Chapter 389, Article 12, Section 9, has authority to grant a partial or complete credit from sales taxes imposed under chapter 297A to a qualifying business; and WHEREAS, the City of Moorhead has received a completed application form for tax incentive(s) filed in accordance with applicable City procedures, policy and guidelines from the Project Operator requesting the following tax incentive(s): exemption from property taxation and sales tax credit; and WHEREAS, the application form filed with the City and all associated documentation are complete and have been reviewed and evaluated by City staff; and WHEREAS, proper notice to competitors pursuant to 1998 Laws of Minnesota, Chapter 389, Article 12, Section 9, Subdivision 7, was published twice in the City's official newspaper on May 15, 2004 and May 22, 2004, respectively; and WHEREAS, the Project Operator is a qualifying business as defined in 1998 Laws of Minnesota, Chapter 389, Article 12, Section 9, Subdivision 2; and WHEREAS, the City of Moorhead has adopted a Business Subsidy Policy that establishes that businesses receiving public subsidies shall compensate all employees at least $7.50 per hour exclusive of benefits, except in cases where job creation is only incidental to other public purposes; and WHEREAS, the Project Operator will be constructing one office building which will involve job creation meeting the wage floor and a second retail facility with two or more food and beverage businesses will involve job creation not meeting the wage floor; and WHEREAS, major redevelopment at the intersection of Highway 75 and 30th Avenue S. is an important public purpose and the 30 full time jobs created by the Project will pay considerably more than $7.50 per hour; and WHEREAS, granting the requested tax incentive(s) is necessary to enable the Project Operator to incur significant redevelopment costs while providing an attractive lease rate for the speculative high-end office and food court facilities to compete with southwest Fargo; WHEREAS, granting the requested tax incentive(s) to the Project Operator is in the best interest of the City of Moorhead because the project redevelops a key corner in south

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Moorhead, it increases the tax base, retains and creates employment, and will spur additional restaurant options for visitors and Moorhead residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, Clay County, Minnesota, that: 1. The City Council of the City of Moorhead hereby finds that granting an exemption from property taxation and sales tax credit to the Project Operator is necessary to enable the Project Operator to locate in the City of Moorhead and is in the best interest of the City of Moorhead. 2. The City of Moorhead hereby finds that job creation is incidental to the City's public purposes and agrees to deviate, in this case, from the wage floor established in the Business Subsidy Policy for the City. 3. The City Council of the City of Moorhead hereby grants the tax incentive(s) contained herein subject to the terms and conditions contained in this resolution, the corresponding Tax Incentive Agreement and 1998 Laws of Minnesota, Article 12. 4. The City of Moorhead hereby approves and grants the application of the Project Operator for an exemption from property taxation for building improvement value, provided the total combined building improvement value is at least $ 2 million on the two parcels, over 5 years beginning in 2006 and extending through 2010 in accordance with the following schedule: Year 2006 2007 2008 2009 2010 Percentage Exempt 100% 100% 100% 100% 100%

The City of Moorhead hereby approves and grants payments in lieu of ad valorem taxes for 5 years; beginning in 2011, in accordance with the following schedule on Tax Parcel 58-060-0140 and 58-060-0150: Year 2011 2012 2013 2014 2015 Percentage Exempt 99% 99% 99% 99% 99%

5. City of Moorhead hereby grants the application of the Project Operator for a $25,000 credit from sales taxes on machinery and equipment and repair parts and construction materials which may be claimed in 2004 and 2005, in accordance with the following sales tax credit schedule. A Project Operator may file up to two claims for refund with the Minnesota Department of Revenue in accordance with the following sales tax credit schedule: Year Maximum Amount of Exemption

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 2004 2005 $ 25,000 Total $ 25,000 Total

Page 28

6. The Mayor and City Manager are hereby authorized and directed to execute the attached Tax Incentive Agreement by and between the City of Moorhead and the Project Operator. 7. The City Clerk is hereby authorized and directed to certify this grant of exemption from property taxation to the city assessor and county assessor contingent upon the Project Operator and City executing the attached Tax Incentive Agreement. 8. The City Clerk is hereby authorized and directed to complete and issue a tax credit certificate certifying this grant of the sales tax credit to the Minnesota Department of Revenue contingent upon the Project Operator and City executing the attached Tax Incentive Agreement. Which resolution was declared duly adopted by unanimous vote. Council Member Wray Williams introduced the following resolution #2004-607, seconded by Council Member Winterfeldt-Shanks: WHEREAS, the Moorhead City Council has received and reviewed a report on recent and ongoing problems associated with Coach's Sports Pub & Buffet; and WHEREAS, the Moorhead City Council finds several violations of Minnesota State Law, State Fire Code and Moorhead City Code, as set forth in said report; and WHEREAS, pursuant to Minnesota State Law 340A.501 and Moorhead City Code 2-3-9, responsibility for such violations clearly resides with J.T. Investment Inc. (d.b.a. Coach's Sports Pub & Buffet) and its assigned officers, managers and employees; and WHEREAS, the Moorhead City Council possesses both the legal authority and responsibility to enforce such provisions, as delineated in the Moorhead City Code Sections 2-1-10 and 2-3-20; and WHEREAS, the Moorhead City Council did pass Resolution #2004-553 on May 24, 2004, wherein they approved the suspension of the On-Sale Intoxicating Liquor License issued to J.T. Investments (dba: Coach's Sports Pub & Buffet) for a period not to exceed seven (7) days commencing July 1, 2004; and WHEREAS, the license holder was notified of their right, under Moorhead City Code 2-1-10: B, to appeal this action within 10 (ten) days following receipt of the notice of such suspension; and WHEREAS, the Moorhead City Council finds, subsequent to this, City officials and representatives of Coach's conferred and reached an amicable understanding/agreement, which provides for a revised period of suspension. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that, based upon the aforementioned understanding/agreement, the On-Sale/Sunday On-Sale Intoxicating Liquor License issued to J.T. Investments (dba: Coach's Sports Pub & Buffet), 617 Center Avenue, Moorhead, Minnesota, be suspended for a period of five (5) days

MOORHEAD CITY COUNCIL MINUTES June 7, 2004 commencing July 2, 2004 at 2:00 a.m. and ending July 7, 2004 at 2:00 a.m. Which resolution was declared duly adopted by unanimous vote. Meeting adjourned at 8:01 p.m. to 5:30 p.m. on June 14, 2004. APPROVED:

Page 29

_____________________________________ MARK VOXLAND, Mayor ATTEST:

_______________________________ KAYE BUCHHOLZ, City Clerk

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