Bemidji—Regional Center Amenities with Small Town Character

5:30 p.m. SPECIAL WORK SESSION – Fire Joint Powers Agreement

BEMIDJI CITY COUNCIL AGENDA-AMENDED

Monday, November 4, 2013 Council Chambers City Hall – 317 4th Street NW 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PROCLAMATION

* Hunger and Homelessness Awareness Week – November 17-23 AMENDMENTS TO AGENDA I. MINUTES 1) Council Meeting: October 21, 2013

II. CONSENT AGENDA Items in the Consent Agenda are approved with one motion without discussion/debate.

The Mayor will ask if any Council member wishes to remove an item. If no items are to be removed, the Mayor will then ask for a motion to approve the Consent Agenda.

2) Claims Submitted by Finance Officer in the amount of $507,834.44 3) Claims Submitted by VenuWorks for the Sanford Center in the amount of $56,917.96 4) Approving Miscellaneous Business License Renewals for 2014 5) Approve Wine and On Sale Beer License – DoubleTree Hotel (115 Lake Shore Dr NE) 6) Approve Liquor License – Café Novo (1602 Bemidji Avenue N) 7) Declare Surplus Equipment – 2006 Jeep Wrangler – Police Dept. 8) Purchase of Used Semi-Tractor for Wastewater Treatment Plant 9) Resolution Adopting Assessment Roll for Water/Sewer Deferred Assessment Fees

(Connections Completed in 2013) 10) Resolution Accepting Responsibility as Fiscal Agent on Behalf of the Greater Minnesota

Regional Park & Trail Commission 11) Reapportionment of a Special Assessment - Parcel #80.00362.02 (M. Ettesvold)

Council Agenda – November 4, 2013 2 of 2

III. CITIZENS WITH BUSINESS BEFORE THIS COUNCIL – NOT ON AGENDA Public Comment – Please give your name, address and state your concern/comment. Visitors may share their concerns with City Council on any issue, which is not already on the agenda. Each person will have 3 minutes to speak. The Mayor reserves the right to limit an individual’s presentation if it becomes redundant, repetitive, irrelevant, or overly argumentative. The Mayor may also limit the number of individual presentations on any issue to accommodate the scheduled agenda items. All comments will be taken under advisement by the Council. PLEASE BE ADVISED THAT THE COUNCIL WILL TAKE NO ACTION AT THIS TIME.

IV. REPORT(S)

• Bemidji Youth Advisory Commission • BSU Student Senate • Librarian’s Report

V. ORDINANCE(S)

12) First Reading of an Ordinance Amending an Uncoded Section of the Bemidji City Code Pertaining to Street Vacation (Portion of Link Street SW)

13) First Reading of an Ordinance Vacating a Portion of an Alley and Street (2nd Mill Park Addition)

14) First Reading of an Ordinance Amending Chapter 14 of the Bemidji City Code Adding Article IX Relating to enforcement of the Statutory Prohibition of the Use and Sale of Coal Tar Sealant Products

15) Public Hearing of an Ordinance Amending the Fee Schedule for 2014 - Second Reading

16) Public Hearing of an Ordinance Amending Chapter 12 of the Bemidji City Code entitled “Tobacco”, by amending provisions related to Licensing and Sale of Tobacco to Include Electronic Delivery, commonly referred to as E-Cigarettes - Second Reading

VI. UPCOMING COUNCIL MEETINGS • Tuesday, November 12 5:30 p.m. Work Session – South Shore Beach &

City Manager’s Performance Review • Monday, November 18 7:00 p.m. Council Meeting

VII. MAYOR AND COUNCIL REPORTS

Please limit your committee reports and comments to 4 minutes VIII. Close Meeting to Discuss Pending Litigation Concerning Bemidji Township IX. ADJOURN

REVISED

CITY COUNCIL PROCEEDINGS BEMIDJI, MINNESOTA

Regular Meeting – October 21, 2013 Pursuant to due call and notice, a regular meeting of the City Council of the City of Bemidji, Beltrami County, Minnesota, was held on Monday, October 21, 2013 at 7:00 p.m. in the Council Chambers of City Hall, Mayor Albrecht presiding. Upon roll call, the following Councilmembers were declared present: Albrecht, Meehlhause, Johnson, Hellquist, Olson, Erickson, Thompson Staff Present: City Manager John Chattin, Public Works Director/City Engineer Craig Gray,

City Clerk Kay Murphy AMENDMENTS TO AGENDA Mayor Albrecht called for any amendments to the agenda. Motion by Meehlhause, seconded by Thompson, to approve the agenda as presented. Motion carried by unanimous vote. MINUTES The following minutes were presented for approval: Council Meeting October 7, 2013 Work Session October 14, 2013 Motion by Johnson, seconded by Thompson, to approve the minutes as prepared. Motion carried by unanimous vote. CONSENT AGENDA The following Consent Agenda items were presented for approval. Motion by Meehlhause, seconded by Olson, to approve the Consent Agenda items as follows:

1. Claims Submitted by Finance Officer in the amount of $553,242.37 2. Claims Submitted by VenuWorks for the Sanford Center in the amount of $85,467.05 3. Approving Business License Renewals for 2014 4. Reapportionment of a Special Assessment – Lot Combination (Parcel No.

80.01953.00) 5. RESOLUTION NO. 5857: Designating the Boys & Girls Club Community Room as

the Official Polling Place for Ward 3 6. Transfer of Liquor License – 128 1st Street to Joanna Barboza dba Senor Patron 7. Purchase of Three (3) Marked Patrol Vehicles – Nelson Auto Center, Fergus Falls

($28,160.61/each or $84,481.83/Total) 8. Declared Surplus Equipment – 2006 Chevrolet Impala (Police Dept.) 9. Waive Various City Permit Fees totaling $1,284 for Habitat for Humanity – 2609

Irvine Avenue NW 10. Authorize Entering into Interim Non-Disturbance Agreement with Residents of 213

Shevlin Avenue SW 11. Travel Authorization – 2013 CGMC Fall Conference – November 13-15; Alexandria -

Johnson, Mayor Albrecht

City Council Proceedings – October 21, 2013 Page 2 of 3

Motion carried by unanimous vote. CITIZENS NOT ON AGENDA No one appeared. COMMITTEE REPORTS Bemidji Youth Advisory Commission – Kali Wilson, BYA representative, reported on Commission upcoming events. BSU Student Senate – No report. NEW BUSINESS 2013 Street Renewal Project (City Project #13-01) Pursuant to mailed and published notice a public hearing was held regarding input on Proposed Assessments for the 2013 Street Renewal Project (City Project 13-01). Mayor Albrecht opened the Public Hearing at 7:10 p.m. City Engineer Gray stated that the project consisted of underground utility replacement, sidewalks, concrete curb and gutter and street pavement on ten street segments within the City. Assessments to benefitting properties are proposed for the work that was completed and therefore the project was undertaken as a Chapter 429 Special Assessment project. He noted that the average assessment is approximately $3,800 which would amount to an approximate annual payment of $340 ($28/month). Gray stated that it was his opinion that each parcel on the assessment roll has benefitted from the project in an amount greater than or equal to the proposed assessment. There being no further comments, Mayor Albrecht closed the Public Hearing at 7:20 p.m. RESOLUTION NO. 5858: Adopting Assessment Rolls for City Project #13-01 - 2013 Street Renewal Project was offered by Councilmember Thompson, who moved its adoption, and upon due second by Councilmember Johnson was passed by unanimous vote. 2013 Wellfield & Water Treatment Facility Improvements (City Project #13-07) Gray stated that that the five-year Capital Improvement Plan (CIP) for the City’s water utility includes $580,000 for improvements to the City’s wellfield and water treatment facility. Bids received on October 15 were higher than the engineer’s estimate. Therefore, staff recommended the City Council reject all bids and staff will re-bid the project in January and also look at other options to reduce the project scope. Motion by Erickson, seconded by Meehlhause, rejecting all bids for the 2013 Wellfield & Water Treatment Facility Improvements (City Project #13-07). Motion carried unanimously. OLD BUSINESS Councilor Erickson questioned the risk for the City in the event of a default. Mayor Albrecht responded that there is a checklist from the State of Minnesota and if fail to do one or more of those things, it could be considered a default. She further stated that the risk is limited because our partner, Northern, as well as city staff are going to fulfill the requirements of the grant.

City Council Proceedings – October 21, 2013 Page 3 of 3

Chattin stated that the operative word is “uncured” default. If there is something that the State feels that we have done incorrectly, or need to remedy, they will tell us what needs to be repaired. RESOLUTION NO. 5859: Memorializing the Governmental Program for the Bemidji Regional Public Television Facility and Authorizing Entering into Development and Construction Agreement, Ground Lease/Use Agreement, et al, for the Project was offered by Councilmember Erickson, who moved its adoption, and upon due second by Councilmember Olson was passed by the following vote: Ayes: Hellquist, Albrecht, Erickson, Meehlhause, Olson, Thompson. Nays: None. Abstain: Johnson. ORDINANCES AN ORDINANCE Amending the Fee Schedule for 2014 was given a first reading. AN ORDINANCE Amending Chapter 12 of the Bemidji City Code entitled “Tobacco”, by amending provisions related to Licensing and Sale of Tobacco to Include Electronic Delivery, commonly referred to as E-Cigarettes was given a first reading. Councilor Olson raised concerns about the proposed ordinance; in particular, he felt that the proposed language made carrying an e-cigarette “criminal”. Discussion continued regarding the second reading and public hearing of the proposed Amendment. Staff will review the language with the City Attorney for further discussion at the second reading. ORDINANCE NO. 92, 3RD SERIES, AN ORDINANCE Vacating/Revoking Ordinance No. 90, 3rd Series, and Amending an Uncoded Section of Bemidji City Code Pertaining to Alley Vacation was given a final reading and passed by unanimous vote.

Motion by Hellquist, seconded by Meehlhause, approving publication of a summary of Ordinance No. 92, 3rd Series. Motion carried unanimously.

UPCOMING COUNCIL MEETINGS

• Monday, November 4 7:00 p.m. Council Meeting • Tuesday, November 12 5:30 p.m. Work Session – South Shore Beach &

Mgr’s Performance Review COUNCIL/STAFF REPORT • Council members provided updates on current events and meetings. ADJOURN There being no further business, motion by Thompson, seconded by Hellquist, to adjourn the meeting. Motion carried. Meeting adjourned at 8:19 p.m. Respectfully submitted, Kay M. Murphy City Clerk