Bemidji City Council Regular Meeting Agenda

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MEETING OF CITY COUNCIL BY TELEPHONE OR OTHER ELECTRONIC MEANS LINK AVAILABLE ON CITY WEBSITE www.ci.bemidji.mn.us/government/councilmeetinginformation BEMIDJI CITY COUNCIL REGULAR MEETING AGENDA Monday, May 2, 2022 Council Chambers City Hall – 317 4 th Street NW 6:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG AMENDMENTS TO AGENDA MINUTES Council Meeting: March 7, 2022 Work Session: March 14, 2022 CONSENT AGENDA #1 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. 1) Claims Submitted by Finance Officer in the Amount of $762,345.40 2) Claims Submitted by ASM Global for the Sanford Center in the Amount of $47,361.75 3) General Business License Approvals (2022) 4) Approve Special Event Permit for Sanford Health (June 23, 2022) 5) Approve Award of Quote for 2022 Alley Paving to Northern Paving ($38,000) 6) Approve Appointment of Patricia Heart to Library Board 7) Approve Use of ASM Promotional Funds 8) Resolution to Elect the Standard Allowance Available under the Revenue Loss Provision of the Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act 9) Resolution Supporting Local Government Aid Payment Appropriation in 2022 Legislative Session 10) Resolution to Not Waive the Monetary Limits on Tort Liability 11) Resolution Accepting Donation from North Country Snowmobile Club ($2,000) – Library and DARE 12) Approve Council Travel Authorization – CGMC Summer Conference (Red Wing) July 27-29, 2022 – Prince, Johnson, Thayer CONSENT AGENDA #2 13) Claims Submitted by Finance Officer for VisitBemidji in the Amount of $26,168.40 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. Individuals participating via Webex will also have an opportunity to speak during this time. 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. COMMENTS WILL BE TAKEN UNDER ADVISEMENT BY THE COUNCIL. NEW BUSINESS 14) Consider Resolution Supporting a Temporary Exception to Sections 14-32 and 20-4 (No Mow May) 15) Consider Quotes for Tourist Information Remodel Project 16) Consider Installation of Solar Panels for Phase 2 Water Treatment Plant 17) Consider Professional Services Agreement for Sanford Health Master Planning Traffic Study 18) Consider Award of Bid for 2022 Industrial Park Drive Reconstruction Project – City Project 22-05 19) Consider Joint Resolution Authorizing Revision of the Joint Airport Zoning Board 20) Consider City Hall Remodel and Planning

Transcript of Bemidji City Council Regular Meeting Agenda

MEETING OF CITY COUNCIL BY TELEPHONE OR OTHER ELECTRONIC MEANS LINK AVAILABLE ON CITY WEBSITE

www.ci.bemidji.mn.us/government/councilmeetinginformation

BEMIDJI CITY COUNCIL REGULAR MEETING AGENDA

Monday, May 2, 2022 Council Chambers City Hall – 317 4th Street NW 6:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG AMENDMENTS TO AGENDA MINUTES

Council Meeting: March 7, 2022 Work Session: March 14, 2022

CONSENT AGENDA #1 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.

1) Claims Submitted by Finance Officer in the Amount of $762,345.40 2) Claims Submitted by ASM Global for the Sanford Center in the Amount of $47,361.75 3) General Business License Approvals (2022) 4) Approve Special Event Permit for Sanford Health (June 23, 2022) 5) Approve Award of Quote for 2022 Alley Paving to Northern Paving ($38,000) 6) Approve Appointment of Patricia Heart to Library Board 7) Approve Use of ASM Promotional Funds 8) Resolution to Elect the Standard Allowance Available under the Revenue Loss Provision of the

Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act 9) Resolution Supporting Local Government Aid Payment Appropriation in 2022 Legislative Session 10) Resolution to Not Waive the Monetary Limits on Tort Liability 11) Resolution Accepting Donation from North Country Snowmobile Club ($2,000) – Library and DARE 12) Approve Council Travel Authorization – CGMC Summer Conference (Red Wing) July 27-29, 2022

– Prince, Johnson, Thayer

CONSENT AGENDA #2 13) Claims Submitted by Finance Officer for VisitBemidji in the Amount of $26,168.40

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. Individuals participating via Webex will also have an opportunity to speak during this time. 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. COMMENTS WILL BE TAKEN UNDER ADVISEMENT BY THE COUNCIL.

NEW BUSINESS 14) Consider Resolution Supporting a Temporary Exception to Sections 14-32 and 20-4 (No Mow May) 15) Consider Quotes for Tourist Information Remodel Project 16) Consider Installation of Solar Panels for Phase 2 Water Treatment Plant 17) Consider Professional Services Agreement for Sanford Health Master Planning Traffic Study 18) Consider Award of Bid for 2022 Industrial Park Drive Reconstruction Project – City Project 22-05 19) Consider Joint Resolution Authorizing Revision of the Joint Airport Zoning Board 20) Consider City Hall Remodel and Planning

Council Agenda – May 2, 2022 2 of 2

MEETING OF CITY COUNCIL BY TELEPHONE OR OTHER ELECTRONIC MEANS LINK AVAILABLE ON CITY WEBSITE

www.ci.bemidji.mn.us/government/councilmeetinginformation

ORDINANCES 21) First Reading of an Ordinance Authorizing the Sale of Real Property (Ettesvold) 22) Public Hearing of an Ordinance Amending Chapter 2, Article V, of the Bemidji City Code Relating

to Boards, Commissions and Committees, by Adding Division 12, Entitled Sustainability Commission

Second Reading of Said Ordinance

UPCOMING MEETINGS Monday, May 9 5:30 p.m. Work Session (Rental Committee/Rental Ordinance) Monday, May 16 5:00 p.m. Public Affairs Committee (VisitBemidji) Monday, May 16 6:00 p.m. Council Meeting Tuesday, May 17 5:30 p.m. Special Council Meeting (Railroad Corridor) Monday, May 23 5:30 p.m. Work Session (2023 FMP)

ADJOURN

CITY COUNCIL PROCEEDINGS BEMIDJI, MINNESOTA

Work Session – March 14, 2022

Pursuant to due call and notice, a work session of the City Council of the City of Bemidji, Beltrami County, Minnesota, was held on Monday, March 14, 2022, at 5:30 p.m. in the Council Chambers of City Hall, Mayor Prince presiding. Upon roll call, the following Councilmembers were declared present: Prince, Peterson, Rivera, Jourdain. Absent: Thayer, Johnson Staff Present: City Manager Nate Mathews, Parks and Recreation Director Marcia Larson, City Attorney

Al Felix, Deputy City Clerk Bobbi Karpinski. Mayor Prince stated that the purpose of the work session is to have a discussion with the Freedom Defenders Veterans Memorial Board. Discussion with the Freedom Defenders Veterans Memorial Board Mathews stated the City received a request from the Freedom Defenders Veterans Memorial Board to allow expansion and development of the current footprint of the memorial. President, Gary Guggenberger, and the board are aware of the potential development of the area are requesting the City protect a portion of the land for them as private development is considered. Felix explained the current signed agreement with Kraus-Anderson has an exclusivity clause the City is operating under; therefore, the City cannot make commitments to anyone else at this point in time regarding the use of the railroad corridor property. Felix suggested a project moves forward this information could be shared with the developer to see if there is room for accommodation. Mr. Guggenberger shared the Board’s discovery of the need to solidify a footprint in writing for the current memorial. He provided pictures and described ideas and possibilities for improvements and expansion to include memorials honoring the Purple Heart, a Gold Star, a Native American, a Disabled Veteran and a Medic. A new sign is needed and also the addition of benches, tables and a walking area. Mr. Guggenberger and the Board are seeking direction from the City of who should be their steward to approve these additions and initiatives. Marcia Larson stated over the years the Freedom Defenders and the Parks Department have work together when needed and will continue to do so until a larger project is considered. Councilor Rivera suggested conversations with the Public Arts Commission and the City’s Planning and Zoning Department would be beneficial. Felix’s understanding of the original MOU is that the Parks and Recreation Department is the steward of that piece of property and any changes would begin with the Parks and Recreation Commission. Prince noted while working under the current agreement with Krause-Anderson, the council will take this information into consideration if and when projects move forward. ADJOURN There being no further business, motion by Peterson seconded by Eaton, to adjourn the meeting. Motion carried. Meeting adjourned at 6:14 p.m. Respectfully submitted,

Bobbi Karpinski Deputy City Clerk

Check /Wire Vendor Amount

34564 - 34645 See Attached List 762,345.40 $762,345.40

TOTAL 762,345.40$

Bill List SummaryMay 2nd, 2022

User:

Printed: 04/27/2022 - 10:52AM

denisea

Blanket Voucher Approval Document

Accounts Payable

Warrant Request Date:

DAC Fund:

5/3/2022

Batch: 00403.05.2022

COUNCIL BILL LIST

Line Claimant Voucher No. Amount

1 A.M. Leonard 000034564 363.33

2 Acme Tools-Bemidji 000034565 2,151.97

3 Advanced Eng.& Environ.Serv., Inc. 000034566 835.00

4 Alex Air Apparatus, Inc 000034567 4,671.00

5 Amey,Jeffrey 000000000 127.00

6 Aramark 000000000 1,013.18

7 Artisan Beer Company 000034568 1,763.75

8 Auto Value Bemidji 000034569 65.94

9 Barr Engineering Company 000034570 71,142.23

10 Battery Wholesale Inc-Bemidji 000034571 126.15

11 Bellboy Corporation 000000000 8,356.10

12 Beltrami County Auditor/Treasurer 000034572 27.62

13 Beltrami County Dare Advisory 000034573 1,000.00

14 Beltrami County Recorder 000034574 92.00

15 Beltrami County Solid Waste 000034575 637.20

16 Bemidji Area Cross Country Ski Club 000034576 350.00

17 Bemidji Coca-Cola Bottling Co, Inc 000034577 571.30

18 Bemidji Paper Sales, Inc. 000000000 1,062.88

19 Bemidji Steel Company 000000000 167.85

20 Bernick's 000000000 12,785.66

21 Bessler Electric 000034578 6,499.63

22 Boyer Mechanical Services 000034579 190.00

23 Breakthru Beverage Minnesota Wine & Spirits, LLC 000034580 19,697.83

24 Brodart Co. 000034581 456.04

25 Campus Recreation 000034582 60.00

26 Cenex Fleetcard 000034583 29,797.54

27 City of Bemidji - ACH 000000000 50,808.40

28 Comm of MMB, Treas. Division 000034584 20.00

29 Core & Main 000034585 7,986.89

30 Custom Sprinklers, Inc 000034586 500.00

31 Dahlheimer Beverage Brainerd 000000000 1,528.97

32 Dan Enterprises Team, LLC 000034587 5,686.66

33 Davies,Reese 000000000 91.00

34 DEMCO 000000000 505.65

35 Dog Waste Depot 000034588 524.91

36 Dondelinger Chev-Buick, Inc 000034589 18.94

37 D-S Beverages 000034590 16,137.60

38 Edevold,Corinda 000034591 70.00

39 Fed Ex 000034592 229.78

40 Ferguson Waterworks #2516 000034593 125.44

41 FleetPride, Inc. 000034594 523.10

42 Forum Communications Company 000000000 76.56

43 Gaslin Garage Door 000034595 2,025.00

44 GESELL,MARY ANN 000034596 7.74

$250,877.84Page Total:

AP-Blanket Voucher Approval Document (04/27/2022 - 10:52 AM) Page 1

Line Claimant Voucher No. Amount

45 Grand Forks Fire Equipment LLC 000000000 121.50

46 Great River Rescue 000034597 300.00

47 Guardian Fleet Safety 000034598 10,203.65

48 Hawkins, Inc. 000034599 516.30

49 Headwaters Regional Development Commission 000034600 4,126.44

50 Hensley,Brad 000034601 500.00

51 Hildi Inc. 000034602 825.00

52 Hunt,Jon 000000000 1,436.75

53 Ink Spot Press 000034603 1,727.63

54 Innovative Office Solutions, LLC 000034604 174.87

55 Iverson Corner Drug, Inc. 000034605 12.98

56 Jim Hirt Trucking, Inc 000034606 3,341.24

57 Joe's Northwoods Pest Control 000034607 107.50

58 Johnson Bros., Inc. 000034608 64,395.89

59 Kelm,Travis 000000000 64.94

60 Kennedy & Graven Charter 000034609 253.50

61 Klockow Brewing Company 000034610 372.00

62 Kraus-Anderson Construction Co. 000034611 6,791.72

63 Krigbaum & Jones, Ltd. 000034612 500.00

64 Larry's Machine Shop 000034613 38.43

65 Lawson Products, Inc. 000034614 387.90

66 League of MN Insurance Trust 000034615 3,675.00

67 Locke,Ronald 000000000 91.00

68 Macqueen Equipment, Inc. 000000000 5,373.01

69 Maid In Bemidji, Inc. 000000000 600.00

70 Marco, Inc. 000000000 547.51

71 McKinnon Co., Inc. 000034616 8,682.99

72 McMaster-Carr Supply Co. 000000000 62.84

73 Menards-Bemidji 000000000 334.08

74 MJ Skid Steer 000034617 250.00

75 MN Dept of Revenue ACH 000000000 69,079.00

76 MN Energy Resources 000000000 4,119.77

77 MN Valley Testing Lab, Inc. 000000000 143.40

78 MoeCo Fire & Safety 000034618 131.95

79 NAPA Auto Parts 000000000 2,546.96

80 NCL of Wisconsin, Inc 000000000 116.56

81 Nei Bottling, Inc. 000034619 254.00

82 North Country Chevrolet 000034620 37,339.30

83 North Shore Analytical, Inc. 000034621 300.00

84 Northwest Iron Fireman Inc 000034622 2,242.00

85 Northwoods Ice, Inc. 000034623 130.35

86 O'Reilly Auto Parts 000034624 133.70

87 Otter Tail Power Company 000034625 62,582.55

88 Pendleton,Henry 000000000 127.00

89 Phillips Wine & Spirits 000034626 52,619.09

90 Port Consulting 000034627 125,367.52

91 Portable Welding 000034628 200.00

92 Postmaster 000034629 368.34

93 PowerPlan OIB 000034630 633.59

94 RIHM Kenworth 000034631 738.35

95 RMB Environmental Laboratories, Inc. 000034632 71.00

96 Roger's Two Way Radio, Inc. 000034633 1,258.08

97 Sherwin-Williams Co 000034634 309.01

98 Skips Tire and Auto 000034635 620.83

99 Southern Glazer's of MN 000034636 21,124.80

100 Southside Tow & Rec, Inc 000034637 429.73

101 Staples Advantage 000034638 1,610.74

$500,412.29Page Total:

AP-Blanket Voucher Approval Document (04/27/2022 - 10:52 AM) Page 2

Line Claimant Voucher No. Amount

102 True Brands 000034639 33.59

103 Valvoline Instant Oil Change 000034640 261.30

104 Vinocopia, Inc. 000000000 7,006.74

105 W.D. Larson Companies LTD, Inc. 000034641 166.14

106 Wes Plumbing & Heating 000034642 175.00

107 Wescom 000034643 714.00

108 Wicker,Joshua 000000000 127.00

109 Wine Merchants 000034644 1,846.00

110 Winebow 000034645 725.50

$11,055.27Page Total:

Grand Total: $762,345.40

$11,055.27Page Total:

AP-Blanket Voucher Approval Document (04/27/2022 - 10:52 AM) Page 3

Type Reference Invoice Amount

31.50

Vendor Invoice Nylon Nail & Misc. 31.50

624.83

Vendor Invoice Linen Rental 137.25

Vendor Invoice Linen Rental 75.43

Vendor Invoice Linen Rental 274.90

Vendor Invoice Linen Rental 137.25

21.58

Vendor Invoice Office Supplies 21.58

173.30

Time Clock 173.30

79.20

Past Due Statement Past Due Amount (30+ Days) 79.20

720.00

Vendor Invoice BSU Men's Hockey 720.00

8325.72

Vendor Invoice Gas Supply 8325.72

183.47

Vendor Invoice Supplies 183.47

2035.26

Vendor Invoice 2035.26

250.00

Vendor Invoice Boiler Inspection 250.00

4390.51

Vendor Invoice Cleaning Service 4390.51

157.50

Vendor Invoice EMS Shift Coverage 157.50

4641.66

Consultation Consultation 3000.00

Customer Receipt Expense Reimbursement 1641.66

574.61

Vendor Invoice Printer Lease and Ink 574.61

5325.92

Vendor Invoice Labor and Material 5325.92

131.89

Customer Receipt F&B Supplies 17.97

Customer Receipt F&B Supplies 57.47

Customer Receipt F&B Supplies 42.07

Customer Receipt F&B Supplies 14.38

845.00

Vendor Invoice AV Rental 197.50

Vendor Invoice AV Rental 647.50

14250.00

Vendor Invoice Consultation 14250.00

Hard Target Inc.

Jeff Hall

Marco Technologies, LLC

LakeRiver Electric LLC

Lueken's Village Foods- North

NLFX Professional

POV Sports Marketing LLC

Glacier Dry Ice Cleaning Inc.

The Sanford Center - Bills to Be Paid 5/02/2022

Athletica Sport Systems Inc.

Aramark

Arrow Printing Inc.

Ascentis Corporation

Beltrami County Solid Waste

Bemidji Community Arena Corporation

Constellation

Dacotah Paper Co.

Dakota Supply Group

Dennis Noska

936.34

Customer Receipt Expense Reimbursement 936.34

940.68

Vendor Invoice F&B Supplies 940.68

1299.07

Vendor Invoice F&B Supplies 1299.07

1423.71

Vendor Invoice Dumpster Service 1423.71

47,361.75$ Grand Total

Sheila Murphy

Stittsworth Smokehouse Co.

M.D. Stittsworth meats

Waste Management

GENERAL BUSINESS LICENSES - 2022

Type of License Business Name Business Location Fee Paid

Cigarette/Tobacco ProductsDOLLAR GENERAL STORE #23743 2021 DIVISION ST WEST $95.00

Commercial Solid Waste CollectionAMERICAN DISPOSAL WITHIN BEMIDJI CITY LIMITS $350.00

2018 Kenworth

Friday, April 29, 2022 Page 1 of 1

COUNCIL AGENDA ITEM

Meeting Date: May 2, 2022 Action Requested: Appointment to City Library Board Prepared By: Michelle R. Miller, City Clerk Reviewed By: Nate Mathews, City Manager

There is currently one vacancy on the City Library Board (outside city limits). Summary of City Library Board Members Pursuant to Minnesota Statutes Section 134.09, Subd. 1. Appointment.

When public library service is established…the mayor of the city, with the approval of the council for a city library board, shall appoint a board of five, seven or nine members from among the residents of the city or county. If the city library is a branch or a member of a regional public library system, as defined in section 134.001, the mayor, with the approval of the city council, may appoint to the city library board, residents of the county, provided that the county is participating in the regional public library system and that the majority of the member of the city library board are residents of the City.

Pursuant to City Code pertaining to the Public Library Board, the city established a board of seven members, whereby up to three members can be residents of the county. The current membership of the library board is three inside city limits and three in the county. An application was received from Patricia Heart and the board has no objections to the appointment of Ms. Heart to the library board. Recommendation: Appoint Patricia Heart to the City Library Board (term ending 1/31/2025).

RESOLUTION NO.

A RESOLUTION TO ELECT THE STANDARD ALLOWANCE AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE

CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT

WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (“ARPA”) which included $65 billion in recovery funds for cities across the country. WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses. WHEREAS, The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to States and territories which will distribute the funds to nonentitlement units of local government (NEUs). WHEREAS, The ARPA requires that States and territories allocate funding to NEUs in an amount that bears the same proportion as the population of the NEU bears to the total population of all NEUs in the State or territory. WHEREAS, $1.7 million has been allocated to the City of Bemidji (“City”) pursuant to the ARPA. WHEREAS, The Coronavirus State and Local Fiscal Recovery Funds ensures that governments have the resources needed to fight the pandemic and support families and businesses struggling with its public health and economic impacts, maintain vital public services, even amid declines in revenue, and build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. WHEREAS, In May 2021, the US Department of Treasury (“Treasury”) published the Interim Final Rule describing eligible and ineligible uses of funds as well as other program provisions, sought feedback from the public on these program rules, and began to distribute funds. WHEREAS, on January 6, 2022, Treasury issued the final rule. The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. WHEREAS, the final rule offers a standard allowance for revenue loss of up to $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. WHEREAS, recipients that select the standard allowance may use that amount, in many cases their full award, for government services, with streamlined reporting requirements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEMIDJI, MINNESOTA, THE CITY ELECTS THE STANDARD ALLOWANCE AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE AMERICAN RESCUE PLAN ACE IN THE AMOUNT OF $1.7 MILLION TO BE USED FOR THE GENERAL PROVISION OF GOVERNMENT SERVICES.

The foregoing resolution was offered by Councilmember , who moved its adoption, and on due second by Councilmember , was passed by the following vote: Yeas: Nays: Absent: Passed: ATTEST: APPROVED: Michelle R. Miller, City Clerk Jorge S. Prince, Mayor

CITY OF BEMIDJI

RESOLUTION NO.

RESOLUTION SUPPORTING LOCAL GOVERNMENT AID PAYMENT

APPROPRIATION IN 2022 LEGISLATIVE SESSION

WHEREAS, Local Government Aid (LGA) is an essential aid program to Minnesota cities, helping restrain local property taxes; and, WHEREAS, LGA helps cities pay for critical needs and services such as public safety, street maintenance & repairs, libraries, parks and trails, economic development and housing; and, WHEREAS, the LGA formula is reviewed and updated approximately every ten years after the completion of the decennial census; and WHEREAS, organizations representing cities have worked together to produce a formula update that they agree on; and, WHEREAS, the LGA formula proposal included in SF 3971/HF 4064 provides a much needed update to the formula to better reflect city needs and changes in our communities since the last major revision to the formula in 2013; and WHEREAS, the cost of providing city services continues to rise due to a significant increase in

inflation; from 2009 to 2022, inflation has grown 41%, while LGA has only grown by 18%; and,

WHEREAS, the share of the state general fund spent on LGA has decreased to just 2.12%; and,

WHEREAS a $90 million increase to the LGA appropriation is essential to fund the formula and

is modest compared to the $9.3 billion state budget surplus; and,

WHEREAS, LGA directly assists the City of Bemidji to offset its tax levy, increase public infrastructure improvements, and maintain reliable public safety and public service delivery in a growing Regional Center that has a significant tax exempt property base; and, BE IT RESOLVED that the City Council of the City of Bemidji, Minnesota urges, through this Resolution to its lawmakers, that the state pass the LGA formula proposal and to increase the LGA appropriation by $90 million; and, BE IT FURTHER RESOLVED that this resolution be transmitted to Representative Matt Bliss, Senator Justin Eichorn, Speaker of the House Melissa Hortman, Senate Majority Leader Jeremy Miller, House Minority Leader Kurt Daudt, Senate Minority Leader Melissa López Franzen, and Governor Tim Walz. The foregoing resolution was offered by Councilmember _____________, and upon due second by Councilmember _____________, was passed by the following vote: Yeas:

Nays: Absent: Passed: ATTEST: APPROVED: Michelle R. Miller, City Clerk Jorge S. Prince, Mayor

RESOLUTION NO.

A RESOLUTION OF THE BEMIDJI CITY COUNCIL TO NOT WAIVE THE MONETARY LIMITS ON TORT LIABILITY

ESTABLISHED BY M.S. 466.04 AND APPOINTING INSURANCE AGENT OF RECORD

WHEREAS, the City of Bemidji reviewed their excess liability insurance coverage with the League of Minnesota Cities Insurance Trust effective June 1, 2022. In doing so, the City Council is required to exercise the option of either waiving or not waiving the monetary limits on tort liability established by Minnesota Statutes 466.04. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bemidji that the City does not waive the monetary limit on tort liability coverage established by Minnesota Statutes 466.04. BE IT FURTHER RESOLVED, the City Council appoints Insure Forward of Bemidji, Minnesota, as the insurance agency of record. The foregoing resolution was offered by Councilmember , who moved its adoption, and on due second by Councilmember , was passed by the following vote: Yeas: Nays: Absent: Passed: ATTEST: APPROVED: Michelle R. Miller, City Clerk Jorge S. Prince, Mayor

RESOLUTION NO.

A RESOLUTION ACCEPTING DONATION (North Country Snowmobile Club)

WHEREAS, the City Council of the City of Bemidji encourages public donations to help defray the costs to the general public of providing services and improving the quality of life in the City of Bemidji; and WHEREAS, North Country Snowmobile Club has offered to donate $2,000 to be used for the DARE program ($1,000) and the Bemidji Public Library ($1,000); and WHEREAS, Minnesota Statutes 465.03, requires that all gifts and donations of real or personal property, including money, be accepted by adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bemidji, Beltrami County, Minnesota, that this donation is hereby accepted for the use it was intended. BE IT FURTHER RESOLVED that the City sincerely thanks North Country Snowmobile Club for its gracious and generous donation. The foregoing resolution was offered by Councilmember _________ who moved its adoption, and on due second by Councilmember _______________ was passed by the following vote: Yeas: Nays: Absent: Passed: ATTEST: APPROVED: Michelle R. Miller, City Clerk Jorge S. Prince, Mayor

Red Wing, MN July 27-29

Unless otherwise indicated on theagenda, conference activities will beheld at the St. James Hotel, 406 MainStreet, Red Wing, MN 55066.

Venue

Register now at greatermncities.org/events/summer2022

The CGMC has reserved a block of hotelrooms at the St. James at a nightly rateof $129 + tax. Call 651-388-2846 or clickhere to book before June 27 to makereservations under the CGMC block.

Coalition of Greater MN Cities Summer Conference 2022

@greatermncities greatermncities.org

Hotel

Questions?Please contact CGMC Communications& Government Relations Associate KellyHaff at [email protected] or651-259-1927.

Conference Agenda - Wednesday, July 27

10am - Noon

10:30am

Noon

12:05pm

1:30pm

2:30pm

2:45pm

4pm

5pm

6:30pm

8pm

Registration begins at the St. James Hotel

CGMC Board of Directors meeting

Conference begins - Welcome remarks from CGMC President and LuverneMayor Pat Baustian and Red Wing City Council President Becky Norton

Lunch Presentation: "2022 Legislative Session Recap"CGMC Executive Director Bradley Peterson will provide an in-depth look atsome of the lessons learned from the 2022 legislative session and provideinsight into the future of the legislature post-election.

Speaker: MDHS Commissioner Jodi HarpsteadMinnesota Department of Human Services Commissioner Jodi Harpstead willdiscuss how the state is tackling the workforce crisis through meaningfulinvestment in child care.

Break

Discussion: "Addressing PTSD and Duty Disability at the Capitol"CGMC staff and guests will provide an update on action at the legislature andengage members in a discussion on this important topic.

Break and hotel check-in

City of Red Wing sponsored dinner at Mississippi National Golf Course

Treasure Island Mississippi River CruiseEnjoy a scenic cruise down the Mississippi River aboard the Treasure IslandRiver Boat. Dessert and drinks will be served.

Afterparty at the St. JamesEnd the night at one or both of the St. James Hotel's bars, The Scarlet Kitchen &Bar and The Port.

Conference Agenda - Thursday, July 28

Morning

8 - 10:30am

10:30am - Noon

Noon

1pm

2pm

2:30pm

3:30pm

4:30pm

5pm

6pm

Breakfast on your own

City toursAttendees may participate in one of three tour options that highlight the city:

Option 1: Industry Tour The Red Wing Industry Tour will be visiting two cornerstones of the Red Wing Community - Red Wing Shoes and Riedell Skates. Option 2: Parks and Recreation Development Tour Red Wing is home to over 35 parks in its city limits. See how the city balances maintenance and acquisition with the construction and development of new recreational areas.Option 3: Golf at Mississippi National Golf Links Enjoy nine or eighteen holes at the Mississippi National Golf Links, 409 Golf Link Drive,Red Wing. The cost is $25 for nine holes or $45 for 18 holes. The CGMC has reserved a block of times from 7:30am - 9:30am. You must provide your transportation to the course.

Exhibitor breakVisit businesses and organizations showcasing their products and services.

Keynote Luncheon: Mark Urdahl, CEO of Red Wing ShoesUrdahl will discuss Red Wing Shoes' connection to the city, the benefits ofmaintaining business in Greater Minnesota, and strategies the company hasutilized during the current workforce, housing, and child care shortages.

Presentation: "Attracting and Maintaining Workforce in Greater Minnesota"President of the Minnesota Chamber of Commerce Doug Loon will share thesuccesses and challenges communities across Minnesota face when it comes toworkforce recruitment and retention.

Exhibitor and snack break

Interactive Discussion: "Evolving Greater Minnesota Economies - ConfrontingToday's Real Life Challenges"You've heard from CGMC staff and other presenters, now it's your turn! In thisinteractive discussion, attendees will share their stories and learn how fellow cityleaders are attracting businesses and addressing workforce challenges in theircommunities.

Legislative Panel: "I Wish I Knew Then What I Know Now: Reflections onLegislative Service"Retiring legislators from both parties will reflect on their time at the MinnesotaLegislature, their hopes for the future of the state, and their advice for helpingGreater Minnesota communities remain strong and viable.

Break

Cocktail receptionJoin legislators and your fellow city leaders for a cash bar and light hors d'oeuvres.

Legislative Awards Dinner at the St. James HotelEnjoy a delicious meal as the CGMC honors the legislators and city officials whoworked tirelessly to advance Greater Minnesota's interests over the past year.

Conference Agenda - Friday, July 29

8am

8:30am

9:30am

10:15am

11:30am

Continental breakfast at the St. James Hotel

Presentation: "Labor and Employee Relations Update"Brandon Fitzsimmons, Labor and Employment Attorney at Flaherty & Hood, willdiscuss the CGMC's Labor and Employee Relations Committee's proposed work,budget, and policies and provide an update on labor laws and settlements.

Presentation: "Navigating through Troubled Waters: Regulatory andLegislative Updates for Cities"CGMC staff will walk cities through the recent changes to Minnesota PollutionControl Agency pollutant limits and related legislation.

CGMC Membership MeetingThe full CGMC membership will adopt the annual budget and assessments,elect officers, and conduct other business as needed.

Adjourn

Note: This is a tentative agenda and may be subject to change.

User:

Printed: 04/27/2022 - 9:15AM

denisea

Blanket Voucher Approval Document

Accounts Payable

Warrant Request Date:

DAC Fund:

5/3/2022

Batch: 00402.05.2022

COUNCIL BILL LIST

Line Claimant Voucher No. Amount

1 VisitBemidji 000000000 26,168.40

$26,168.40Page Total:

Grand Total: $26,168.40

$26,168.40Page Total:

AP-Blanket Voucher Approval Document (04/27/2022 - 9:15 AM) Page 1

COUNCIL AGENDA ITEM

Meeting Date: May 2, 2022

Action Requested: Consider No Mow May

Prepared By: Marcia Larson, Parks and Recreation Director

Reviewed By: Nate Mathews, City Manager

Background The Birds, Bees, Butterflies-Bemidji is proposing implementing a new sustainable initiative this spring called, “No Mow May.” This program would allow City residents to register their yard and be given the opportunity to not mow their lawn during the month of May. Although registration would be required, this is a free program. The month of May is an important period for many pollinators in our region. This is when they emerge from dormancy or migrate back to this area and begin searching for flowering plants. Early-blooming flowers like violets and dandelions provide food for hungry pollinators. Available nectar and pollen sources are dramatically reduced with early spring grass-mowing. In addition, by allowing the grass to grow out, the grass can develop a stronger root system, which improves water retention and drought resiliency. No Mow May would require the suspension of the enforcement of City Code Section 14-32(a)(1) of City Code, Maintenance of Private Property, and Section 20-4(c) of City Code, Regulation of Grass, Weeds and Trees and the voluntary delay of property owner lawn-care practices until June to allow pollinator species to emerge and early flowering grasses and forbes to grow and bloom. A resolution supporting the temporary exemption is attached. It is proposed that registration be free and available on line at www.ci.bemidji.mn.us or in person at the Tourist Information Center at Paul Bunyan Park. The program would begin on May 1st and end on May 31st. Yard signs would also be available for pick-up at the Tourist Information Center. These would help explain to neighbors what the initiative is all about and to identify their yard as participating in the program. Birds, Bees, & Butterflies-Bemidji is a grassroots group including-The Mississippi Headwaters Audubon Society, Mayor Monarch Project committee and several other local organizations and businesses who have joined together in a campaign to promote the planting of native trees, shrubs, and wildflowers in our community to benefit birds and pollinators. More information about the initiative- https://www.spearheadmhas.org/birds-and-bees.html Recommendation Approve the Resolution Supporting a Temporary Exemption To Section 14-32(a)(1) of City Code, Maintenance of Private Property, and Section 20-4(c) of City Code, Regulation of Grass, Weeds and Trees, in Support of No Mow May.

RESOLUTION NO. RESOLUTION SUPPORTING A TEMPORARY EXEMPTION TO SECTION 14-

32(a)(1) OF CITY CODE, MAINTENANCE OF PRIVATE PROPERTY AND SECTION 20-4(c) OF CITY CODE, REGULATION OF GRASS, WEEDS, AND TREES,

IN SUPPORT OF “NO MOW MAY” WHEREAS, the City of Bemidji is supportive of a temporary exemption to City Code,

Section 14-32(a)(1), Maintenance of Private Property, and Section 20-4(c), Regulation of Grass, Weeds, and Trees, allowing property owners to allow the height of grass and weeds to exceed 6 inches in the month of May; and

WHEREAS, insects, especially bees, serve a significant and critical role as pollinators of plants including agricultural plants; and

WHEREAS, the ideal pollinator-friendly habitat is one comprised of mostly native wildflowers, grasses, vines, shrubs, and trees blooming in succession throughout the growing season; and

WHEREAS, the formative period for establishment of pollinator and other insect species and the many songbirds and other urban wildlife species that depend upon them occurs in late spring and early summer as they emerge from dormancy and require flowering plants as crucial foraging habitat; and

WHEREAS, "No Mow May" is a community science initiative that encourages property owners to limit lawn mowing practices during the month of May to provide early season foraging resources for pollinators that emerge in the spring, especially in urban landscapes when few floral resources are available; and

WHEREAS, the City would like to increase pollinator-friendly habitat by encouraging pollinator-friendly lawn-care practices on their own properties for the month of May during this formative period.

NOW, THEREFORE BE IT RESOLVED, that the City of Bemidji recognizes “No Mow May” to actively promote and educate the community about the critical period of pollinator emergence, generation of crucial pollinator-supporting habitat and early spring foraging opportunities.

BE IT FURTHER RESOLVED, that for the duration of the month of May, the City of Bemidji shall suspend the enforcement of City Code, Section 14-32(a)(1), Maintenance of Private Property, and Section 20-4(c), Regulation of Grass, Weeds, and Trees, that requires property owners to not have grass grow in excess of six (6) inches, and voluntarily delay property owner lawn care practices until June 13, allowing pollinator species to emerge and early flowering grasses to establish, which may result in ground-cover exceeding established ordinance height restrictions, and; that during the month of May, the City of Bemidji shall not enforce mowing of grass to under 6 inches.

The foregoing resolution was offered by Councilmember _________ who moved its adoption, and on due second by Councilmember _______________ was passed by the following vote:

Yeas: Nays: Absent:

Passed: ATTEST: APPROVED: Michelle R. Miller, City Clerk Jorge S. Prince, Mayor

2

COUNCIL AGENDA ITEM

Meeting Date: May 2, 2022

Action Requested: Approve Quotes for Tourist Center Remodel Project

Prepared By: Marcia Larson, Parks and Recreation Director

Reviewed By: Nate Mathews, City Manager

Background On January 3, 2022 the City Council approved a Memorandum of Understanding with Visit Bemidji for

the continued operations of the TIC. Over the last several months, in conjunction with the development of

the MOU, the Parks and Recreation Department, Commission and Visit have reviewed plans for renovating

the Tourist Information Center to improve access and operations. A long term plan to completely remodel

the TIC was develop with an estimate of $415,000. This includes a complete bathroom remodel/expansion,

lobby/tourist area update including new greeting desk flooring, entryway, work stations, storage, and doors.

The City Council at the February 22, 2022 City Council meeting authorized the first phase of the remodel

of the Tourist Information Center funded by Liquor Reserves. The initial phase of the remodel provides

for staff workspaces, storage, easy access to the building and improved security. The first phase of the

remodel supports the improved operations and achievement of the revenue goals outlined in the 2022

Memorandum of Understanding between the City and Visit Bemidji.

Three quotes were received as listed below:

Kraus Anderson $64,300

Frenzel Construction $68,750

Construction Engineers $92,500

It is recommended to accept Kraus Anderson Construction Quote in the amount of $65,350 with includes

the base quote of $64,300 plus testing and balancing of mechanical HVAC work for an add of $1,050. The

Architectural letter of recommendation is included. Quotes were higher than the construction estimate of

$51,877. The remodel project timeline is to mobilize by May 16 and substantially complete the project

within 30 days. The recommended funding for this project is Liquor Store Reserves.

Recommendation It is recommended to accept Kraus Anderson Construction Quote in the amount of $65,350 funded from

the Liquor Store Reserves.

 April 27, 2022  Marcia Larson, Parks & Recreation Director City of Bemidji 1351 5th Street NW Bemidji, MN  56601  

Re:  Tourist Information Center Remodel   Dear Marcia:  I reviewed the quotes for the aforementioned project, see the following Quote Tabulation.  As a result from my findings, I recommend to accept Kraus Anderson Construction’s quote in the amount of $65,350.  This includes their base quote of $64,300 plus testing and balancing of mechanical HVAC work for an add of $1,050.  This is a little higher than my estimate of $52,000, but in this bidding environment and receiving three quotes, I believe KA is fair.  I have been in contact with Tom Tessier and Carlie Ridgeway, KA’s project managers, and have expressed they have everything included in accordance with our documents.   Their schedule is to mobilize on May 16th and be substantially complete within 30 days.  Subcontractors are; Todavich Electric, Gregg’s Plumbing & Heating, MCI Flooring, North Country Overhead Door, Dow Acoustics (ceilings), and Leys Painting.  Upon authorization by the Bemidji City Council and your consequent directive, we will proceed with contracts and ensure necessary paper work is in place prior to issuing the Notice To Proceed.    Please review this project with the City Council for construction approval of this project.  If you have any questions, please feel free to call me at 218‐766‐7511.  Sincerely,  MJ Architectural Studios, Inc. 

 Michael J. Johnston, AIA, NCARB, CDT President  

                  MJ Architectural Studios, Inc.                    1425 Paul Bunyan Dr NW Unit #4 • Bemidji, MN  56601 • Tel: 218‐751‐0109 •  Email: johnston.mike@mj‐arch.com      

QUOTE TABULATION 4/27/2022

Project: City of Bemidji

Tourist Information Center Remodel

300 Bemidji Ave N

Bemidji, MN  56601

Project No: MJ2021‐70

Owner: City of Bemidji

317 4th Street NW

Bemidji, MN  56601

Quotes Due: April 26, 2022 at 4:00 PM

Quoter Quotation AmountSubstantial Completion 

(Days)

Construction Engineers, Inc. 

Bemidji, MN$92,500.00 120

Frenzel Construction, Inc.  

Bemidji, MN$68,750.00 180

Kraus Anderson Constr. Co.           

Bemidji, MN

$64,300 (Base)                       

+ $1,050 (Balance HVAC)              

$65,350 Total

56

CCOOUUNNCCIILL AAGGEENNDDAA IITTEEMM

Meeting Date: May 2, 2022 Action Requested: Consider Solar Panels for Phase 2 Water Treatment

Plant. Prepared By: Craig J. Gray, PE DPW/City Engineer Reviewed By: Nate Mathews, City Manager

Background: Over the past several months staff has been wrapping up the final design of the city’s new Phase 2 Water Treatment Plant. We hope to have the plans and specifications for the plant out for bids in May with a bid opening in June. Construction will begin this summer and take two years to complete. As part of the final design, staff and Barr Engineering have been investigating the feasibility and costs associated with adding solar panels to the roof of the new plant. A letter report from Barr with our final findings is attached. I am requesting that the city council consider this information and decide if they would like to proceed to the next step, which would be obtaining formal quotes. Discussion Solar panels can be added to the roof of the new plant. The attached drawings show the roof section that would hold the panels and approximately what the solar array would like. The most efficient and cost effective solar array would be a 40 kW system which is estimated to save $8,465 in electricity costs per year at the water plant. A summary of this 40 kW system is:

Estimated Cost: $130,000 Ottertail Power Rebate: ($ 60,000) Estimated Net Cost: $ 70,000 Annual Energy Savings: $ 8,465 Estimated Payback: 8.3 years

The life of the panels is between 25-30 years so an 8.3 year payback seems to be very economical.

Because of the plant’s proximity to the airport a glare study was required to be completed to ensure no glare impacts to aircraft. We have completed the glare study and there appears to us to be no glare issue. However the study has been sent to the FAA for final approval. Schedule We would prepare and submit a formal Request for Quotes (RFQ) to various solar companies this summer. We have already discussed the proposed project with two solar firms and they have stated they would both submit official quotes at the appropriate time, so obtaining the minimum required two quotes should not be an issue. After receiving the quotes we would bring them to the City Council for formal approval. So your action tonight is not final. Installation of the solar panel system would be coordinated with the construction of the new water plant and would likely occur sometime in 2023. Recommendation It is recommended that the City Council pass a motion authorizing the city engineer to obtain formal quotes on a 40 kilowatt (kW) solar system for the Phase 2 Water Treatment Plant Project.

Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com

Memorandum

To: Craig Gray

From: Zach Nesler

Subject: Bemidji WTP Solar Memo

Date: April 27, 2022

Project: 23/04-1017.09

c: Julia Macejkovic

Introduction and Purpose

Barr Engineering Co. (Barr) is assisting the City of Bemidji (City) with the evaluation of a rooftop solar

installation at the City’s new water treatment plant.

The goal of this memo is to layout budgetary costs for installing solar and summarize the preliminary

design tasks completed to date.

Preliminary Evaluation

Barr initially evaluated the potential of solar at the treatment plant using the program PVSyst. For the

initial study, the water treatment plant’s upper roof was analyzed using a 10’ setback from the building

edges to accommodate shading effects of rooftop equipment and parapets. The initial report estimated

the annual power production to be 52.6 Megawatt hours (MWh) from a 36kW system.

The local electric utility, Ottertail Power Company, offers a rebate for installed solar up to 40kW on

publicly owned properties. See below for additional information.

Using typical cost/kW of installed solar, Barr provided rough budgetary costs for engineering and

installation of 40kW of solar on the water treatment plant roof.

Following a discussion with the City, it was determined to proceed with the preliminary design of a 40kW

system and apply for the Publicly Owned Property (POP) Solar Rebate Program.

Solar Glare Study

The Bemidji Regional Airport, adjacent to the treatment plant property (see Attachment A for layout),

required the City conduct a solar glare study on the proposed rooftop solar system. The glare study

assesses the risk and intensity of any yellow glare observed from flight paths at the adjacent airport due

to the solar equipment. Barr hired Cedar Creek Energy (Blaine, MN) to coordinate the solar glare study

and submit the completed study to the Federal Aviation Administration (FAA) for approval.

The glare study received a passing grade. The complete report can be found in Attachment B. The study

has been submitted to the FAA for final approval.

To: Craig Gray

From: Zach Nesler

Subject: Bemidji WTP Solar Memo

Date: April 27, 2022

Page: 2

P:\Mpls\23 MN\04\23041017 Bemidji- Prelim Feas. Study\09 City of Bemidji Phase 2 WTP Design\WorkFiles\Electrical\Solar_bemidji\Solar Memo\Bemidji WTP

Solar_memoFINAL_Aonly.docx

Utility Rebates and Financing

When discussing the purchase of solar installations, often the first items discussed are available rebates,

tax credits, and financing options.

Ottertail Power Company – POP Solar Rebate Program

Ottertail Power Company serves electricity to the water treatment plant and has a rebate program for

publicly owned facilities. The rebate includes $1,500/kW of installed solar (AC capacity), up to 50% of the

project cost, for systems 40kW or less. The rebate was put into place by Ottertail Power Company to offset

the federal tax credits that public entities often do not qualify for.

If entering into the POP Solar program, the City must sign over all renewable energy credits to Ottertail

Power Company.

The application and rebate form documents can be found in Attachment C.

Power Purchase Agreements

Power purchase agreements (PPAs) are a common agreement between an owner and a developer where

the owner has space for the solar installation and the developer has the capital to install and maintain the

equipment. The developer then sells the electricity generated by the solar to the owner at a reduced cost

(compared to utility prices). The developer installs, owns, operates, and maintains the solar equipment on

the owner’s property.

Summary

The City has indicated they want to proceed with a 40kW system to take advantage of the POP Solar

rebate. The terms and conditions of the POP Solar program do not allow the City to enter into a PPA, so

the City will need to fund the project in full. See below for estimated costs and payback.

Payback

Barr conducted a Helioscope study (see Attachment D) that estimates the amount of annual electricity the

proposed solar system will produce. Helioscope estimates an annual production of 65,120 kWh.

Based on the previous 12 months of utility billing data, the average rate per kWh is $0.13. A simple

calculation for estimated savings per year is 65,120 kWh/year at $0.13/kWh = $8,465/year saved from the

utility bill.

Item Cost/Unit

Estimated Cost (design, equipment and install) $130,000

Estimated Rebate Amount (40kW x $1,500/kW) ($60,000)

To: Craig Gray

From: Zach Nesler

Subject: Bemidji WTP Solar Memo

Date: April 27, 2022

Page: 3

P:\Mpls\23 MN\04\23041017 Bemidji- Prelim Feas. Study\09 City of Bemidji Phase 2 WTP Design\WorkFiles\Electrical\Solar_bemidji\Solar Memo\Bemidji WTP

Solar_memoFINAL_Aonly.docx

Estimated Net Cost (Install – Rebate) $70,000

Estimated Annual Savings ($8465/year)

Payback in Months (Net Cost/Annual Savings) 8.3 years (100 months)

*Note: Payback period does not include annual O&M costs

Final Design and Installation

Request for Quote from Trusted Developers

Barr will prepare a Request for Quote (RFQ) document for obtaining costs to design and install the solar

equipment. Barr and the City will discuss which developers to send the RFQ to. It is Barr’s understanding

the City a minimum of two quotes.

Once the quotes are received, Barr will assist the City, if needed, with the selection and contracting

process.

Preliminary Schedule

The solar panels are planned to be installed on the new roof that will be constructed as part of the Phase

2 Water Treatment Plant, which will be under contract in Summer 2022. The building and roof are not

expected to be complete until approximately Summer 2023, so solar will not be able to be installed until

2023 or 2024.

Although installation will not be performed until 2023 or 2024, after discussion with the City. it was

decided to issue the RFQ package in 2022 and work with the developer to monitor panel prices for

purchase at the best value to the City. Below is a proposed schedule:

Task Date

Prepare RFQ document May–June 2022

Issue RFQ to developers July 2022

Quotes Due August 2022 (3–4 weeks after delivery)

Developer under contract September 2022

Developer submittals and coordination Fall 2022–Q2 2023

Construction Q3 2023 (pending treatment plant construction

progress)

To: Craig Gray

From: Zach Nesler

Subject: Bemidji WTP Solar Memo

Date: April 27, 2022

Page: 4

P:\Mpls\23 MN\04\23041017 Bemidji- Prelim Feas. Study\09 City of Bemidji Phase 2 WTP Design\WorkFiles\Electrical\Solar_bemidji\Solar Memo\Bemidji WTP

Solar_memoFINAL_Aonly.docx

Estimated Useful Life and Maintenance

The typical useful life of the solar panels and inverters is 25–30 years. When the equipment reaches its end

of service, the system can be evaluated for replacement of panels, inverters, wiring, etc.

Maintenance of the solar panels and inverters is not expected to be time-consuming. Snow and dust

could accumulate on the panels, but they are generally removed and cleaned according to the

manufacturer’s instructions. The performance of the system, including the panels and inverters, will be

monitored by an online dashboard available for the City to view. It is recommended the City provide

training for an individual to visually inspect and care for the solar equipment or hire a 3rd party to be on-

call for any service needs.

Attachments

Attachment A – Bemidji Site Plan

Attachment B – Glare Study

Attachment C - Ottertail Power Company POP Solar Application and Rebate Form

Attachment D – Helioscope Simulation

Barr Engineering Co.

Attachment A:

Bemidji Site Plan

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REVISION DESCRIPTIONDATEAPP.BYNO. CHK. TO/FORRELEASED

DATE RELEASED Approved

Designed

Drawn

Checked

Date

Scale

DWG. No.

BARR PROJECT No.

CLIENT PROJECT No.

REV. No.Minneapolis, MinnesotaPh: 1-800-632-2277

Corporate Headquarters:

DATE LICENSE #

SIGNATURE

I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECT

SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE

STATE OF MINNESOTA.

BARR ENGINEERING CO.Project Office:

PRINTED NAME

1892509/23/2021

CML2

ZMN

CITY OF BEMIDJIBEMIDJI, MINNESOTA

WATER TREATMENT PLANT - PHASE 2BEMIDJI, MINNESOTA

ELECTRICAL SITE PLAN

23041017.09

21-05

E-02 C03/04/2022 18925

ISSUED FOR PERMIT03/04/2022

SHELDON J. SORENSEN

CAD

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2/1

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CLIENTBIDCONSTRUCTIONPERMIT

11/19/21 01/21/22---------------------03/04/22-----------

A B C 0 1 2 3

Suite 2004300 MARKETPOINTE DRIVE

Fax: (952) 832-2601www.barr.com

Ph: 1-800-632-2277MINNEAPOLIS, MN 55435

1-

PLAN: ELECTRICAL SITE N

PROPOSED WATER TREATMENT

PLANT EXPANSION

(PHASE 2)

EXISTING WATER TREATMENT PLANT

(NEAR TERM)

SCALE IN FEET

40200

1. REMOVE ALL CONDUIT, CABLE AND ELECTRICAL COMPONENTSTHAT ARE ABANDONDED UNDER THIS CONTRACT.

2. FIELD CONFIRM LOCATIONS OF ALL EXISTING UNDERGROUNDUTILITIES, CABLES, CONDUITS, ETC. PRIOR TO CONSTRUCTION.CONTRACTOR SHALL REPAIR SUCH ITEMS AT NO COST IFDAMAGED BY CONTRACTOR.

3. PROVIDE TEMPORARY SUPPORT FOR EXISTING FACILITIESTHAT WILL BE EXPOSED DUE TO GENERAL, PROCESS ANDSTRUCTURAL CONSTRUCTION.

4. FIELD CONFIRM AND COORDINATE CONDUIT ROUTING.

5. CORE DRILL EXISTING STRUCTURES AS REQUIRED FOR NEWCONDUIT INSTALLATION. PATCH ALL SURFACES TO MATCHEXISTING. ALL CORE DRILL LOCATIONS SHALL BE VERIFIEDWITH ENGINEER.

6. SEAL ALL CONDUITS TO EXTERIOR USING DUCTSEAL OR 1/2”THICKNESS SILICONE CAULK.

7. COORDINATE ALL ELECTRIC UTILITY SERVICES WITH THESERVING ELECTRIC UTILITY, OTTERTAIL POWER CO.

GENERAL NOTES:

NUMBERED NOTES:

1

2

3

4

5

UTILITY TRANSFORMER AND METERING EQUIPMENT.

NATURAL GAS ENGINE-GENERATOR.

EXISTING HANDHOLE WITH CONDUIT CONNECTION TONEAR-TERM ELECTRICAL ROOM. SEE WE-XX SERIESDRAWINGS FOR DETAILS ON NEW CONDUIT AND FIBEROPTIC CABLE TO WELLHOUSES.

AT GRADE HANDHOLE (EXISTING).

HAND DIG AND INTERCEPT EXISTING CONDUIT FROMELECTRICAL ROOM. EXTEND CONDUIT AS SHOWN.

2" SCH. 80 PVC.

ROUTE 2-1/C-#12 & 1-1/C-#12 GND IN 2" SCH. 80 PVCUNDERGROUND FROM LIGHTING PANEL LP1 IN NEAR TERMELECTRICAL ROOM FOR FLAG POLE LIGHT.

FLAG POLE WITH LIGHT. SEE DETAILS.

5

6

4

2

3

14

SEE WE-XX DRAWINGSFOR CONTINUATION

6

7

8

8

7

RRM
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Solar capable - new roof designed for solar.
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Existing roof: Not specifically design for solar, but can support addition 10 psf for solar equipment.
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Utility Meter/Metering Cabinet.
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Service Entrance Switchgear in Ph1 electrical room
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Lower Roof NO SOLAR
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Lower Roof NO SOLAR
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Roof Access
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Proposed 40kW rooftop solar.
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CCOOUUNNCCIILL AAGGEENNDDAA IITTEEMM

Meeting Date: May 2nd, 2022 Action Requested: Authorize Professional Services for Sanford Health

Master Planning Traffic Study Prepared By: Samuel C. Anderson, P.E. Assistant City Engineer Reviewed By: Craig J. Gray, P.E., DPW/City Engineer Nate Mathews, City Manager

Background: Back in March, Sanford Health representatives met with city staff to share their progress on a master planning exercise to layout their future campus needs for the next 10-15+ years, attached are a couple exhibits showing those preliminary long-term layouts. Along with analyzing the traffic impacts of the proposed Sanford improvements, staff want to review a larger area surrounding the Sanford campus to understand the best ways to serve this area. Attached is an overview map displaying the streets and intersections being reviewed as part of this traffic study. I have requested and received a couple proposals from firms who specialize in traffic engineering. The following is the name of engineering firm and fee for completing the traffic study: Engineering Firm Traffic Study Fee

Kimley-Horn $22,500 KLJ $29,999

Both of the aforementioned firms are capable of completing this scope of work, having completed projects in the past for the City of Bemidji and other municipalities. Pending approval, staff would work with Kimley-Horn to get traffic counts still in May with final report completed by late summer or early fall. Financing: The proposal from Kimley-Horn for $22,500 is proposed to be split 50/50 with Sanford, as staff feel there’s benefit in understanding a larger area of analysis. The $11,250 of city share would come from our Construction Reserves Account.

Recommendation: It is recommended that the city council pass a motion authorizing the City Engineer to enter into a professional services agreement with Kimley-Horn for the traffic study.

Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community,City of Bemidji GIS, Pro-West & Associates, Inc.³

These data are provided on an "AS-IS" basis, without warranty of any type, expressed or implied, including but not limited to any warranty as to their performance, merchantability, or fitness for any particular purpose. This map is not a substitute for accurate f ield surveys or for locating actual property lines and any adjacent features.

Overview Map

Date: 4/25/20221:9,028

Traffic Study Area

SITE PLAN

SITE PLAN – 3D

Patient Care Units

Diagnostic & Treatment

Support Services

Outpatient Services

Planning Zones

0 Central Energy Plant

1 Expanded ED

Observation Unit

2 Interventional Platform

CSP Expansion

3 Outpatient Clinics (Ph1)

4 Outpatient Clinics (Ph2)

CCOOUUNNCCIILL AAGGEENNDDAA IITTEEMM

Meeting Date: May 2nd, 2022 Action Requested: 2022 Industrial Park Drive SE Reconstruction Project –

Consider Awarding Bid – City Project 22-05 Prepared By: Samuel C. Anderson, P.E. Assistant City Engineer Reviewed By: Craig J. Gray, P.E., DPW/City Engineer Nate Mathews, City Manager

Background: Back in February, Council authorized staff to design and advertise the Industrial Park Drive SE Reconstruction project. The project includes replacing the pavement on a roughly 0.5 mile stretch of roadway while still leaving most of existing curb & gutter in place, see attached exhibit. The existing water and sanitary sewer mains meet our current city standards, but the project does include insulating some existing services as well as adding some additional services to parcels for future use. Bids A bid opening for the project was held on Tuesday, April 26th, 2022 and the following three bids were received:

Bidder Total Bid Northern Paving, Inc. $ 459,724.00 Knife River Materials $ 498,282.02 Reierson Construction $ 523,834.97 City Engineer’s Estimate: $ 450,000.00 Finances: Our estimate for the total project cost is approximately $529,000.00 after design engineering and construction inspection costs are included. This is roughly $76,000.00 less than our estimated total project cost I presented to Council back in February. Staff determined through our research that there’s a good layer of existing gravel under the roadway which we are going to leave in place rather than remove, so this reduced our overall project cost. Industrial Park Drive SE is a state aid designated city street and staff plan to use our State Aid Construction account for the street improvements, with the remaining utility upgrades out of the various utility accounts.

Proposed Funding Breakdown State Aid Construction $ 496,000 Sanitary Sewer Utility Fund $ 15,000

Water Utility Fund $ 18,000 $ 529,000 Schedule: Construction can take place any time after May 23rd, but must be completed by mid-September. The construction itself is anticipated to take less than 5 weeks to complete once the contractor begins. Recommendation: It is recommended that the city council consider a motion awarding the bid to Northern Paving, Inc. in the amount of $459,724.00 for the 2022 Industrial Park Drive SE Reconstruction – City Project 22-05.

Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community,City of Bemidji GIS, Pro-West & Associates, Inc.³

These data are provided on an "AS-IS" basis, without warranty of any type, expressed or implied, including but not limited to any warranty as to their performance, merchantability, or fitness for any particular purpose. This map is not a substitute for accurate f ield surveys or for locating actual property lines and any adjacent features.

Industrial Park Drive SE (State Aid)

Date: 2/15/20221:9,028

Project Area

COUNCIL AGENDA ITEM

Meeting Date: May 2, 2022 Action Requested: Consider and Approve Joint Resolution (with County) To

Authorize Revision of Joint Airport Zoning Board (JAZB) Prepared By: Alan Felix, City Attorney Reviewed By: Nate Mathews, City Manager

As described in the attached Letter and draft Joint Resolution, the Joint Airport Authority is in the process of pursuing a “Custom Zoning” process offered by MNDOT Aeronautics to provide, hopefully, flexibility in the Airport Overlay ordinance regulations that impact the lands lying at the ends of the Airports four (4) runways. Most particularly, the SE runway and the busy highway commercial district that is Walmart, Target, and the intersection of Highways 2 and 71. A perquisite to the process is for the Airport Owners, the City and County, to revisit and revise the Joint Airport Zoning Board or JAZB. The JAZB is currently inactive as explained in the attached letter. In short, by Minnesota Statute Section 360.063 Subd. 3(2) (copy attached), we must invite the surrounding jurisdictions impacted by the Airport Overly (airport hazard areas) to join the JAZB. If they agree to join, then the Custom Zoning effort would obviously proceed with their participation and input. If a jurisdiction declines, the process proceeds nonetheless, that jurisdiction simply becomes subject to the revised JAZB and the zoning regulations implemented by whatever the ultimate JAZB membership adopts. In that I represent the Airport Authority presently in my capacity as City Attorney, I will be present to answer questions that arise. Recommendation: Consider Joint Airport Authority Letter Request and proposed Joint Resolution, and approve Joint Resolution.

RESOLUTION NO. JOINT RESOLUTION AUTHORIZING REVISION OF

THE JOINT AIRPORT ZONING BOARD WHEREAS, by City of Bemidji Resolution NO. 2373, dated July 2, 1973, the City of Bemidji, MN (”City”) and Beltrami County, MN (“County”) established the initial Joint Airport Zoning Board for the then Bemidji Municipal Airport, known as the Bemidji Municipal Joint Airport Zoning Board; and WHEREAS, by City of Bemidji Ordinance No. 612 and Beltrami County Ordinance No. 9, the City and County subsequently entered into a Joint Powers Agreement for joint maintenance and operation of what is now known as the Bemidji Regional Airport (“Airport”), and therein created the Joint Airport Commission to improve and maintain operations at the Airport; and WHEREAS, by City of Bemidji Resolution No. 05-5252, and County of Beltrami, Minnesota Resolution No. 05-09-29, the joint powers agreement was amended to revise the Joint Airport Zoning Board whose membership reflects the same membership as the 5-member Joint Airport Commission, and having all the powers conferred under Minnesota Statutes Section 360.063, as the same may be amended from time to time, to adopt, administer, and enforce airport zoning regulations applicable to the Airport and airport hazard areas; and WHEREAS, the City and County together own the Airport property as tenants in common, and now maintain and control the Airport’s operations through the Joint Powers Airport Authority (“Authority”) created pursuant to Minnesota Statute Sections 360.0425 to .0427, including the authority to levy property taxes pursuant to Minnesota Statutes Section 275.056, but said Authority does not have the legislated powers of a Joint Airport Zoning Board conferred upon and which otherwise remain vested in the Joint Airport Commission; and WHEREAS, portions of the airport hazard area adjacent to the Airport are located outside the territorial limits of the City of Bemidji but within the territorial limits of Beltrami County, Northern, Bemidji, Eckles, and Grant Valley Township(s), and the City of Wilton, MN; and WHEREAS, the City and County deem it necessary and expedient to revise the current Joint Airport Zoning Board in cooperation with the above Townships and City of Wilton, pursuant to Minnesota Statutes Section 360.063, Subdivision 3, and other applicable laws, for the purpose of revising, administering and enforcing zoning laws for the areas surrounding the Airport and for the protection of the Airport and the public; and WHEREAS, the above statute provides that the City and County, respectively, continue to have the right to each appoint two persons to a revised Joint Airport Zoning Board. NOW, THEREFORE, BE IT MUTUALLY RESOLVED By the undersigned City and County as follows: 1. That in cooperation with the above-named Townships and City of Wilton, the Joint Airport

Zoning Board may be revised to be composed of representatives of the City and County and representatives of the Townships and City of Wilton, pursuant to Minnesota Statutes

Section 360.063, Subdivision 3. 2. That the undersigned City of Bemidji hereby appoints

and to be its representatives on said revised Board, said persons to serve for an indefinite term until they resign or are replaced by the undersigned City of Bemidji.

3. That the undersigned County of Beltrami hereby appoints and to be its representatives on said revised Board, said persons to serve for an indefinite term until they resign or are replaced by the undersigned County of Beltrami.

The foregoing resolution was offered by Councilmember , who moved its adoption, and upon due second by Councilmember , was passed by the following vote: Yeas: Nays: Absent: Passed: ATTEST: APPROVED: Michelle R. Miller, City Clerk Jorge S. Prince, Mayor Adopted by the Board of Commissioners for the County of Beltrami, Minnesota this day of , 2022 FOR COUNTY OF BELTRAMI Tim Sumner, Chair Tom Barry, County Administrator ATTEST: Diane Moe, Administrative Specialist

April 25, 2022 Chairman Jess Frenzel Northern Township Town Hall Road Bemidji, MN 56601 RE: Custom Airport Zoning Process for Bemidji Regional Airport Chairman Frenzel: In order to better administer existing airport zoning regulation of land uses which may be hazardous to the operational safety of aircraft using the Bemidji Regional Airport, and the protection of safety and property of people on the ground in the areas surrounding the Airport, the Bemidji Airport Zoning Ordinance (aka JPB airport overlay) is being revisited and revised under a MnDOT Aeronautics process referred to as Custom Zoning. Moreover, as you may recall, airport zoning overlay regulations have been administered of late by the Greater Bemidji Area Joint Planning Board (JPB) under an administrative services agreement with the Bemidji Regional Airport Authority (the “Authority”) on behalf of the Joint Airport Zoning Board (the original Joint Airport Commission). Of course, a portion of the area zoned or regulated under the existing airport overlay is in Northern Township. In undertaking the Custom Zoning process, the Authority is revisiting the creation of the original Joint Airport Zoning Board (circa 1980), pursuant to Minnesota Statutes Section 360.063, Subdivision 3. Under that statute, as a local governmental unit located within the airport zoning regulatory area, the Township may participate in and is invited to join with the Airport Owners, other effected local governmental units, and the Joint Airport Zoning Board to revise the Board membership and participate in revised airport zoning regulation in accordance with Section 360.063, Subdivision 3. To that end, enclosed is a sample form Resolution to be considered and, if agreeable, passed by the Town Board. If the Town Board does not pass this Resolution within 60 days of receipt of this letter invitation then the Joint Airport Zoning Board will proceed to revise airport zoning regulations for the area surrounding the Airport, including impacted portions of Northern Township, in accordance with the outcomes of the Custom Zoning process pursuant to Minnesota Statutes Section 360.063, Subdivision 3(c). A copy of the Joint Airport Owners own Resolution is also enclosed for your convenient review. If you have any questions please don’t hesitate to call or email. Sincerely, Alan R. Felix Bemidji City Attorney Enclosures cc: Karen Weller, Bemidji Regional Airport Executive Director

RESOLUTION NO. OF THE TOWNSHIP OF NORTHERN, MN

AUTHORIZING PARTICIPATION ON REVISED JOINT AIRPORT ZONING BOARD

WHEREAS, the City of Bemidji, MN (“City”) and County of Beltrami, MN (“County”) participate together in a Joint Powers Agreement in the joint ownership and operation of the Bemidji Regional Airport (“Airport”), and now maintain and control the Airport’s operations through a Joint Powers Airport Authority (“Authority”) established pursuant to Minnesota Statute Sections 360.0425 to .0427, but said Authority does not have the legislated power to conduct airport zoning; and

WHEREAS, the original joint powers agreement also established a 5-member Joint Airport commission which in turn was enabled to act as a Joint Airport Zoning Board for the purpose of revising, administering and enforcing zoning laws for the areas surrounding the Airport and for the protection of the Airport and the public, and which zoning authority and power remains vested in the now inactive Joint Airport Commission; and WHEREAS, portions of the airport hazard area adjacent to the Airport are located outside the territorial limits of the City of Bemidji but within the territorial limits of Beltrami County, Northern, Bemidji, Eckles, and Grant Valley Township(s), and the City of Wilton, MN; and WHEREAS, the City and County have deemed it necessary and expedient to revisit and revise the original Joint Airport Zoning Board in cooperation with, among others, Northern Township, pursuant to Minnesota Statutes Section 360.063, Subdivision 3, and other applicable laws, for the purpose of revising, administering and enforcing zoning laws for the areas surrounding the Airport and for the protection of the Airport and the public; and WHEREAS, the City and County have requested in writing that the Township join with them in the revision of the Joint Airport Zoning Board; and WHEREAS, the above statute provides that this Township has the right to appoint two persons to the revised Joint Airport Zoning Board (said persons should not be members of either governing body?).

NOW, THEREFORE, BE IT RESOLVED By the undersigned Township as follows:

1. That with the above City, County, other Townships, and the City of Wilton,

Northern Township shall cooperate in the revision of the Joint Airport Zoning Board to be composed of representatives of Northern Township, the City and County, the other Townships, and the City of Wilton, pursuant to Minnesota Statutes Section 360.063, Subdivision 3.

2. That the Township hereby appoints

and to be its representatives on said revised Board, said persons to serve for an indefinite term until they resign or are replaced by the Township.

Adoption by the Township of Northern this __ day of ____, 2022.

______________________

ATTEST: ________________________

360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE.

Subdivision 1. Enforcement under police power. (a) In order to prevent the creation or establishmentof airport hazards, every municipality having an airport hazard area within its territorial limits may, unlessa joint airport zoning board is permitted under subdivision 3, adopt, amend from time to time, administer,and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airportzoning regulations for such airport hazard area, which regulations may divide such area into zones, and,within such zones, specify the land uses permitted and regulate and restrict the height to which structuresand trees may be erected or allowed to grow.

(b) In order to promote health, safety, order, convenience, prosperity, and general welfare and to conserveproperty values and encourage the most appropriate use of land, the municipality may regulate in airporthazard areas: (1) land use; (2) height restrictions; (3) the location, size, and use of buildings; and (4) thedensity of population.

(c) The powers granted by this subdivision may be exercised by metropolitan airports commissions incontiguous cities of the first class in and for which they have been created.

(d) In the case of airports owned or operated by the state of Minnesota such powers shall be exercisedby the state airport zoning boards or by the commissioner of transportation as authorized herein.

Subd. 2. [Repealed, 1976 c 255 s 6]

Subd. 3. Joint airport zoning board. (a) Where an airport is owned or controlled by a municipalityand an airport hazard area appertaining to the airport is located within the territorial limits of another countyor municipality, the municipality owning or controlling the airport may request a county or municipality inwhich an airport hazard area is located:

(1) to adopt and enforce airport zoning regulations for the area in question under sections 360.0655 and360.0656; or

(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning or controllingmunicipality shall determine which of these actions it shall request, except as provided in paragraph (e) forthe Metropolitan Airports Commission. The request shall be made by certified mail to the governing bodyof each county and municipality in which an airport hazard area is located.

(b) Where an airport is owned or controlled by a municipality and an airport hazard area appertainingto the airport is located within the territorial limits of another county or municipality, the municipality owningor controlling the airport and the county or other municipality within which the airport hazard area is locatedmay, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall havethe same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazardarea in question as that vested by subdivision 1 in the municipality within which the area is located. A jointboard shall have as members two representatives appointed by the municipality owning or controlling theairport and two from the county or municipality, or in case more than one county or municipality is involvedtwo from each county or municipality, in which the airport hazard is located, and in addition a chair electedby a majority of the members so appointed. All members shall serve at the pleasure of their respectiveappointing authority. Notwithstanding any other provision of law to the contrary, if the owning and controllingmunicipality is a city of the first class it shall appoint four members to the board, and the chair of the boardshall be elected from the membership of the board.

(c) If a county or municipality, within 60 days of receiving a request from an owning or controllingmunicipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce, the zoning regulations

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360.063MINNESOTA STATUTES 20211

or fails to join in creating a joint airport zoning board, the owning or controlling municipality, or a jointairport zoning board created without participation by the subdivisions which fail to join the board, may itselfadopt, administer, and enforce airport zoning regulations for the airport hazard area in question. In the eventof conflict between the regulations and airport zoning regulations adopted by the county or municipalitywithin which the airport hazard area is located, section 360.064, subdivision 2, applies.

(d) "Owning or controlling municipality," as used in this subdivision, includes:

(1) a joint airport operating board created pursuant to section 360.042 that has been granted all thepowers of a municipality in zoning matters under the agreement creating the board;

(2) a joint airport operating board created pursuant to section 360.042 that has not been granted zoningpowers under the agreement creating the board; provided that the board shall not itself adopt zoning regulationsnor shall a joint airport zoning board created at its request adopt zoning regulations unless all municipalitiesthat created the joint operating board join to create the joint zoning board; and

(3) the Metropolitan Airports Commission established and operated pursuant to chapter 473.

(e) The Metropolitan Airports Commission shall request creation of one joint airport zoning board foreach airport operated under its authority.

Subd. 4. MS 2018 [Repealed, 1Sp2019 c 3 art 3 s 140]

Subd. 5. [Repealed, 1976 c 255 s 6]

Subd. 6. Procedure when zoning board fails to act. If a municipality, county, or joint airport zoningboard fails to adopt within a reasonable time airport zoning regulations in accordance with the provisionsof sections 360.011 to 360.076, or adopts regulations or amendments which do not conform to the standardprescribed by the commissioner, the commissioner may, for the protection of the public safety, adopt orsupplement and from time to time as may be necessary amend, supplement, or repeal the regulations for themunicipality or county until airport zoning rules provided for in sections 360.011 to 360.076, are adoptedby the municipality, county, or joint airport zoning board. The commissioner shall have the same powerswith reference to the airport zoning regulations as are granted in sections 360.011 to 360.076, to municipalities,administrative boards, and boards of adjustment. An action of the commissioner taken under this subdivisionis subject to review by the courts as provided in section 360.072.

Subd. 6a. Review of variance when board of adjustment fails to act. On receiving notice that anairport zoning variance has been granted by reason of the failure of a board of adjustment to act on thevariance as provided in section 360.067, subdivision 2, the commissioner shall review the application andmay amend or rescind the variance on finding that this action is required to protect the public safety. Noaction of the commissioner pursuant to this subdivision shall be effective unless the commissioner notifiesthe applicant of that action within 60 days after receiving notice that the variance was granted. Any actiontaken by the commissioner pursuant to this subdivision shall be subject to review by the courts as providedin section 360.072.

Subd. 7. Airport zoning board for each airport. (a) Where an airport is owned or operated by the stateof Minnesota, a state airport zoning board shall be created for each airport, which board shall have the samepower to adopt, administer, and enforce airport zoning rules applicable to the airport hazard area of suchairport as that vested by subdivision 1 in the municipality. Each board shall consist of the commissioner oftransportation, or a member of staff appointed by the commissioner, who shall be chair; one member appointedby the county board who may be a member of the county board, of each county in which an airport hazardarea is located; and one member appointed by the governing body of each municipality located within the

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2MINNESOTA STATUTES 2021360.063

area to be zoned. If the area to be zoned is located entirely within one county and no municipality is locatedwithin the area to be zoned, then the duly designated members shall select a third member who shall be aresident of the county. The members of such board shall serve for a period of three years beginning January1 following their appointment and until their successors are appointed and qualified.

(b) The zoning rules shall be adopted by an order of the board signed by a majority of its members. Suchorder shall be published once in a legal newspaper in the county in which the airport is located and shallbecome effective ten days following the date of its publication. A copy of such order shall be filed in theoffice of the commissioner of transportation and with the county recorder in each county in which a zonedarea is located.

(c) Any person appointed to serve on a state airport zoning board shall be entitled to reimbursement fortravel and other necessary expenses incurred in performance of duties on such board which shall be paidfrom the appropriations made to the Department of Transportation.

Subd. 8. Airport zoning board authority after failure to appoint member. If any county board ormunicipality fails to appoint the member to be appointed by it in the creation of a state airport zoning boardwithin 30 days after requested to do so by the commissioner of transportation, the state airport zoning board,consisting of the remaining members in case more than one county is involved, or the commissioner oftransportation in case no board is created, shall have the same power to adopt, administer, and enforce airportzoning rules applicable to an airport hazard area in such county as that conferred upon the commissioner insubdivision 6.

History: 1945 c 303 s 26; 1951 c 116 s 2-4; 1957 c 610 s 1; 1976 c 166 s 7; 1976 c 181 s 2; 1976 c 255s 1,2; 1977 c 236 s 1; 1978 c 674 s 58; 1979 c 302 s 2; 1983 c 326 s 4-6; 1985 c 248 s 70; 1986 c 444;1Sp2019 c 3 art 3 s 94,95

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360.063MINNESOTA STATUTES 20213

CITY OF BEMIDJI ORDINANCE NO. , 3RD SERIES

AN ORDINANCE AMENDING AN UNCODED SECTION OF

THE BEMIDJI CITY CODE (AUTHORIZING THE SALE OF REAL PROPERTY)

THE CITY OF BEMIDJI DOES ORDAIN: SECTION 1. That pursuant to Section 12.05 of the Home Rule Charter of and for the City of

Bemidji, and the Purchase Agreement to be entered into by the City and the purchaser Michael Ettesvold, the City hereby authorizes the sale of the real property owned in fee by the City and legally described in Section 2 below (the “Property”), to the purchaser Michael Ettesvold. Proposed consideration for the sale and conveyance includes a monetary payment in the sum of $16,800.00.

SECTION 2. The land to be sold pursuant to this Ordinance is legally described as:

Lot One (1), Block Three (3), Highland Addition to Bemidji, according to the recorded plat thereof, on file and of record in the office of the County Recorder, Beltrami County, Minnesota, together with that portion of vacated 7th Street lying westerly of the east line extended northerly of said Lot 1 and easterly of the centerline of the vacated north-south alley in Block 3 extended northerly, and also together with that portion of said vacated north-south alley lying easterly of the centerline of said vacated alley and lying southerly of the north line extended westerly of said Lot 1 and northerly of the south line extended westerly of said Lot 1, as shown on said plat of Highland Addition to Bemidji. Less the following described parcel: The east 30 feet of Lot 1, Block 3, Highland Addition to Bemidji, according to the plat thereof on file and of record in the office of the Beltrami County Recorder, together with that part of the east 30 feet of vacated 7th Street, lying westerly of the east line extended northerly of said Lot 1. The vacation of 7th Street and north-south alley being created by Ordinance No. 142, 2nd Series, recorded September 19, 2000 by Microfilm No. 401848.

SECTION 3. The City shall convey the above-described property to Michael Ettesvold, by

appropriate conveyance. City staff is further directed to take the appropriate steps to accomplish the transfer of said real property, including satisfaction of all conditions that may be attached to the sale pursuant to the parties’ Purchase Agreement.

SECTION 4. The Ordinance shall be in full force and effect thirty (30) days from and after its

passage and publication. Yeas:

Nays: Absent: First Reading: Second Reading: Final Reading: Attest: Approved: _____________________________ ______________________________ Michelle R. Miller, City Clerk Jorge S. Prince, Mayor

CITY OF BEMIDJI ORDINANCE NO. , 3RD SERIES

AN ORDINANCE AMENDING CHAPTER 2, ARTICLE V, OF THE BEMIDJI CITY CODE RELATING TO BOARDS, COMMISSIONS AND COMMITTEES,

BY ADDING DIVISION 12, ENTITLED SUSTAINABILITY COMMISSION THE CITY OF BEMIDJI DOES ORDAIN:

SECTION 1. Chapter 2, Article V, of the Bemidji City Code, relating to Boards, Commissions and Committees is hereby amended to add Division 12 entitled “Sustainability Commission” as follows:

Division 12. Sustainability Commission

Sec. 2-421. Creation and purpose. A sustainability commission is hereby established as an advisory body to the City Council. Its purpose is to promote resiliency, sustainability, and green initiatives in the Bemidji community, to promote, develop, recommend community sustainability partnerships and networking, to review and recommend to the City Council activities on City owned or controlled property, as well as property owned or controlled by the Bemidji Economic Development Authority (BEDA), and to advise the City Council generally on sustainability related matters. Sec. 2-422. Definitions. Subd. 1. Sustainability means to conserve natural resources and protect ecosystems to support health and wellbeing, now and into the future. Subd. 2. Resiliency means a community’s ability to survive disruption and to anticipate, adapt, and thrive in the face of change. Subd. 3. Green Initiatives are related but not limited to Best Practice actions found in the Minnesota GreenStep Cities framework. Subd. 4. “Commission” is the Bemidji Sustainability Commission. Subd. 5. “Commissioner(s) is the person or those persons appointed as members of the Commission. Subd. 6. “Conflict of Interest” is the existence of any of the following conditions, which apply to a Commission member:

(a) A Commissioner has a material or financial interest in a proposal or the proposal materially affects the Commissioner’s business, profession or occupation.

(b) A Commissioner is a director, trustee, officer, regular or contracted employee or agent of an institution directly involved in the issue or proposal.

(c) A Commissioner is related as a spouse, child, parent or has some other significant relationship to an individual directly affected by the issue or proposal.

Sec. 2-423. Organization; composition.

(1) The Commission shall consist of seven (7) members, three (3) of which may be non-

City residents, with demonstrated experience and expertise in sustainability practices and efforts, and holding no official position with the city.

(2) One (1) member will be recommended for appointment by Bemidji State University’s Environmental Advisory Committee. This appointment is intended to carry forward the institutional history and knowledge of the Bemidji Sustainability Committee and continued critical University partnership and collaboration.

(3) Commission members shall be appointed by the Mayor with City Council approval. The

original term of two Commissioners shall be for one year, the original term for two Commissioners shall be for two years, and the original term for three Commissioners shall be three years until their respective successors are appointed. Subsequent terms of Commissioners shall be for three years, and all terms will expire on December 31 of the appropriate year. A member may serve a maximum of three (3) consecutive terms. The Mayor or their designee shall be an ex officio member of the commission.

(4) City staff shall provide general assistance to the Commission as needed, including

regular attendance and participation in Committee meetings by Joint Planning Board (JPB) staff.

Sec. 2-424. Filling of vacancies.

When a vacancy occurs in the membership of the Commission, by means of resignation, death, removal from the community or removal for failure to perform the duties of a Commissioner, the vacancy shall be filled in the same way as an appointment for a full term, except that the appointment shall be for the unexpired term of the member vacating. Sec. 2-425. Compensation of members. Commissioners will serve without compensation. Sec. 2-426. Powers and duties.

(1) The Commission shall advise the City Council on matters relating to resiliency,

sustainability, and green initiatives on city owned or controlled property, as well as property owned or controlled by the BEDA; shall recommend to the City Council best practices, sustainability measures and green initiatives, and shall perform such other duties as the City Council may direct.

(2) The Commission shall develop and implement policies and procedures as necessary,

with approval by the City Council, to meet the purpose and objectives of the Commission including, but not limited to resiliency, sustainability, and green initiatives.

(3) The Commission may study and develop standards and guidelines for energy efficiency,

sustainability practices and programs, and green initiatives, and recommend the same to the City Council for adoption and implementation.

(4) The Commission shall develop and maintain an inventory of data pertaining to energy efficiency, green initiative requirements, and sustainability practices and programs.

(5) The Commission shall forward to the City Council an annual Sustainability Plan and

budget for consideration, including a current list of sustainability projects throughout the City and a report regarding the activities of the Commission and recommended projects.

(6) The Commission may network with community partners on Sustainability matters, and

collaborate with the JPB and its staff on planning initiatives, including review and revision of the GBAJPB Comprehensive and Transportation Plans.

(7) Finding and evaluating funding sources for sustainability projects. (8) In accordance with policies and procedures developed by the Commission and

approved by the City Council, the Commission shall review and provide advisory recommendations to both the City Council, BEDA, Bemidji Regional Airport, Bemidji/Beltrami Joint Paul Bunyan Transit Board, the Greater Bemidji Area Joint Planning Board (JPB), and other intergovernmental and community partners regarding Sustainability Projects.

(9) Commission may review and provide advisory recommendations to the JPB regarding

Sustainability Projects related to conditional or interim use permits, variances, or other permitting or actions requiring approval of and/or issued by the JPB.

Sec. 2-427. Financial matters; Sustainability Fund.

The Commission shall have no authority to incur expenses or obligate the City in any financial matter without specific authorization from the City Council. However, a special fund shall be established by the City for the purpose of collecting and retaining donations, grant funds, and other appropriations from public and private sources, to support the city’s participation in sustainability projects and efforts approved by the City. Sec. 2-428. Conflict of interest. If a member of the Commission has a conflict of interest with regard to any applicant or proposal, that conflict is to be declared when the applicant or proposal is first discussed. When a conflict of interest occurs, the Commissioner shall refrain from ranking or voting on the applicant or proposal and shall refrain from advocating for the applicant or proposal in any discussion by the Commission.

Sec. 2-429. Meetings and bylaws.

(1) The Commission shall meet with such frequency as the Commission deems

appropriate, but at least annually. The Chairperson or any two members may schedule additional meetings to effectuate the purposes and policies of this ordinance. Meetings of the Commission shall be open to the public.

(2) The Commission shall adopt bylaws to govern all other matters relating to the

Commission including resiliency, sustainability, and green initiatives policies and procedures and amendment of the bylaws. The bylaws shall be submitted to the City Council for approval, and a copy thereof shall be filed in the office of the City Clerk.

SECTION 2. This Ordinance shall become effective thirty (30) days after passage and publication according to law. Yeas: Nays: Absent: First Reading: April 18, 2022 Second Reading: Final Reading: ATTEST: APPROVED: Michelle Miller, City Clerk Jorge S. Prince, Mayor