MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF MOORHEAD MINNESOTA MARCH 17 2008 Pursuant to due call and notice thereof a
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License Agreement Encroachment Minnesota document sample
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MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF MOORHEAD, MINNESOTA
MARCH 17, 2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Moorhead, Clay County, Minnesota, was duly held in the Council Chambers, City Hall, the 17th day
of March, 2008, at 7:00 p.m.
The following members were present for roll call: Mayor Voxland, Council Members Otto, Bohmer,
Wray Williams, Hunt, Winterfeldt-Shanks, & Hintermeyer; and the following were absent: Council
Members Rowell, & Lemke. (NOTE for the record: Council Member Lemke joined the meeting at
7:02 p.m.)
Council Member Wray Williams moved, seconded by Council Member Bohmer, to approve the
minutes of February 25 & March 3, 2008 as submitted, which motion passed by unanimous vote.
Citizens Addressing the Council:
Richard Swenson, 1108 1st Avenue North, Moorhead, appeared before the Mayor and Council to
request a waiver to continue utilizing City right-of-way along 11th Street North. He noted in order to
renew his used car dealer license through the State of Minnesota, the local zoning administrator
must sign the form verifying the dealership is in an appropriate zone and has no zoning violations.
Mr. Swenson indicated he has operated his business at this site for approximately 12 years and
cannot understand why it is an issue now.
Council Member Lemke joined the meeting at 7:02 p.m.
Debra Martzahn, City Planner/Zoning Administrator, reported she signed the form for Mr. Swenson
indicating that the display of vehicles encroaches into the public right-of-way.
Mr. Swenson stated he was advised he needed a variance for the use of the right-of-way and
requested such from the Council. Mr. Swenson was encouraged to submit the right-of-way
encroachment application he received the week before for possible inclusion on the March 24th
adjourned meeting agenda.
The consent agenda was amended by removing the following items:
• #17 – Resolution to Approve Amendment #2 to the Engineering Services Agreement with
SRF Consulting Group for the 34th St/I-94 Interchange Project. Eng. No. 04-2-1;
• #20 – Resolution to Authorize Acceptance of FEMA Staffing for Adequate Fire and
Emergency Response (SAFER) Grant;
• #22 – Resolution to Approve Gambling License(s) Renewal - Moorhead VFW Post 1223;
and
• #24 – Ordinance No. 2008-9 - An Ordinance to Amend Section 2-3-11-C (4) Relating to
Liquor License Locations - 1st Consideration.
Council Member Bohmer moved, seconded by Council Member Wray Williams, to approve the
following licenses/bonds:
BOARDING/LODGING HOUSE
Anchorage Inpatient/Outpatient, 810 4 Ave S, Ste 152 ......................................... $290.00
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 2
Clay County Juvenile Center, 919 8 Ave N.............................................................. 250.00
Safe Harbour, 810 4 Ave S, Ste 234........................................................................ 282.00
RESTAURANT
MSUM-Kise, 725 14 St S, ..................................................................................... $610.00
Matson Field Concessions, 1010 13 Ave N ............................................................. 250.00
Panchero’s Mexican Grill, 803 Belsly Blvd............................................................... 410.00
PLACE OF REFRESHMENT/LIMITED FOOD
All Star Bowl, 309 17 St N...................................................................................... $125.00
MSUM Coffee Cart, 725 14 St S .............................................................................. 125.00
MSUM Dragon Stop, 1104 7 Ave S ......................................................................... 175.00
Moorhead American Legion, 303 30 St N................................................................ 410.00
MOBILE HOME PARK
Bennett Park Cooperative, 1700 3 Ave S .............................................................. $212.00
MASSAGE ENTERPRISE LICENSES
Joni Salon & Spa, 111 4th Street So (Renewal) .................................................. $ 50.00
Essentials of Healing Massage, 2912 15th St So (New)........................................... 200.00
MASSAGE THERAPIST LICENSE
Jyl Kolness, Essentials of Healing Massage, 2912 15th St So ............................... $ 50.00
Which motion passed by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-A, seconded by Council
Member Wray Williams:
WHEREAS, the territory described below is not presently within the corporate limits of any
incorporated city, and
WHEREAS, the area proposed for annexation is 40 acres or less in size, is 60% or more
bordered by land already within the corporate limits of the City of Moorhead, and is not
appropriate for annexation by ordinance pursuant to Minnesota Statutes § 414.033, Subd.
2(3); and
WHEREAS, the area proposed for annexation is described as follows:
Interstate 94 and Right-of-Way area, generally described as being located
south of 28th Avenue South at approximately 40th Street East in Moorhead,
Minnesota and legally described as:
That portion of the north 352.9 feet of the north west quarter (NW ¼) of Section
23, Township 139 North, Range 48 West of the Fifth Principal Meridian, Clay
County, Minnesota, and lying adjacent to and north of the north lines of Lots 1,
2, 3 and 4 of Block 6, MCCARA First Addition to the City of Moorhead.
WHEREAS, the area proposed for annexation abuts upon the corporate limits of the City of
Moorhead, Minnesota; and
WHEREAS, the area proposed for annexation is unincorporated, abuts on the city’s East
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 3
boundary, and is not included within any other municipality; and
WHEREAS, the area proposed for annexation is approximately 20 acres in size; and
WHEREAS, the reason for the proposed annexation is to straighten the City limit border;
and.
WHEREAS, the nature of the area proposed for annexation is Interstate Property and
related Right-of-Way; and
WHEREAS, the area proposed for annexation is not included in any area that has already
been designated for orderly annexation pursuant to Minnesota Statutes § 414.0325, nor in
any other proceeding currently pending before the Office of Administrative Hearings -
Municipal Boundary Adjustments;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead,
Minnesota that we hereby serve a Notice of Intent to annex the above-described property
into the corporate limits of the City of Moorhead, Minnesota to Moorhead Township and the
Office of Administrative Hearings.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-B, seconded by Council
Member Wray Williams:
BE IT RESOLVED by the City Council of the City of Moorhead that the City Council does
herein accept the 2007 Consolidated Annual Performance and Evaluation Report and
authorize submission of same to the US Department of Housing and Urban Development.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-C, seconded by Council
Member Wray Williams:
WHEREAS, in February 2008, the City of Moorhead acquired property located at 819 5th
Street South, under its Community Development Block Grant (CDBG) Deteriorated Property
Removal Program; and
WHEREAS, a hazardous materials survey was conducted in December, 2007 on the
structure to determine the levels of any hazardous materials that would need remediation
prior to demolition; and
WHEREAS, Legend Technical Services, Inc. was the successful bidder for the hazardous
materials survey providing an itemized scope of work and estimate for each structure; and
WHEREAS, pursuant to a request for quotes for “Asbestos Abatement, Lead Paint
Stabilization, Hazardous/Household Materials Removal”, bids were received, opened, and
tabulated according to law, and the following bids were received complying with the request
for quotes:
HES, Inc. $ 4,278.00
Horsley Specialties $ 4,460.00
Consultant’s Estimate $4,210.00
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 4
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead
that:
1 It is found, determined and declared that the lowest responsible bid with respect to the
proposed improvement was received from HES, Inc. of West Fargo, ND and said bid
is in all respects in accordance with the plans and specifications heretofore approved
by the City Council. Thus, said bid is hereby in all things approved and accepted.
2 The project will be financed through the 2008 Community Development Block Grant
Program Deteriorated Property activity budgets.
3 The Mayor and City Manager are hereby authorized and directed to enter into a
Contract with HES, Inc. of West Fargo, ND for the removal of asbestos, hazardous
and household waste/debris, and stabilization of delaminated lead paint located at
819 5th Street South according to the plans and specifications.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-D, seconded by Council
Member Wray Williams:
WHEREAS, the Community Services Department has acquired a building that is scheduled
for demolition under its Community Block Grant Deteriorated Structure Removal activity;
and
WHEREAS, staff has prepared plans and specifications for Demolition and Site Restoration,
and said plans are available for review in the Neighborhood Services Office; and
WHEREAS, competitive quotes for this project will be obtained in accordance with
Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead as
follows:
1. The City Engineer is hereby designated as the engineer for the project and
Engineering staff shall prepare plans and specifications for the demolition of the
buildings under the direction of the City Engineer.
2. Such plans and specifications, a copy of which is on file in the office the City Clerk,
are hereby approved.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced for first consideration, seconded by Council Member Wray
Williams:
ORDINANCE NO. 2008-10
AN ORDINANCE AMENDING SECTIONS 10-12C-6(B) and 10-12D-6(B) OF THE MOORHEAD
CITY CODE RELATING TO LOT WIDTH
Which ordinance passed first consideration by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-E, seconded by Council
Member Wray Williams:
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 5
WHEREAS, Gray Canyon Companies, Inc. has requested final plat approval of Gray
Canyon One Addition; and
WHEREAS, the City of Moorhead Planning Commission held a public hearing regarding
said request on March 5, 2008, and unanimously recommended approval of the final plat,
subject to conditions stated below; and
WHEREAS, the City Council of the City of Moorhead finds the final plat of Gray Canyon One
Addition consistent with Section 11-1-3 of the Moorhead City Code, and in substantial
conformance to the approved preliminary plat;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that
the final plat of Gray Canyon One Addition is hereby approved, subject to the following
conditions:
1. Applicant/property owners enter into developer’s agreement.
2. Developer receives all required federal, state and local permits.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-F, seconded by Council
Member Wray Williams:
WHEREAS, Gray Canyon Companies, Inc. requested final plat approval of Gray Canyon
One Addition; and
WHEREAS, the final plat of Gray Canyon One Addition was approved by the City Council of
the City of Moorhead on March 17, 2008; and
WHEREAS, the City of Moorhead and Gray Canyon Companies, Inc. are desirous of
executing agreements stipulating the terms and conditions regarding the development of
Gray Canyon One Addition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that
the Mayor and City Manager are hereby authorized and directed to execute on behalf of the
City of Moorhead a Developer’s Agreement stipulating the terms and conditions for
development of Gray Canyon One Addition.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-G, seconded by Council
Member Wray Williams:
BE IT RESOLVED by the City Council of the City of Moorhead that:
A Public Hearing shall be held on May 5, 2008 in the Council Chambers of City Hall
at 7:15 p.m. to review the 2007 Annual Report and conduct the 2008 Public Meeting
for the City’s Stormwater Pollution Prevention Program. The City Clerk shall give
published notice of such hearing as required by law.
Which resolution was declared duly adopted by unanimous vote.
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 6
Council Member Bohmer introduced the following resolution #2008-350-H, seconded by Council
Member Wray Williams:
WHEREAS, it is necessary to acquire a mobile home from Augustine Hernandez for the SE
Main Ave/20th St/21st St Railroad Grade Separation Project (Eng. No. 02-2-2); and
WHEREAS, the proposed acquisition will be purchased at a cost of $1,500; to be paid from
Federal and Municipal State Aid funds; and
WHEREAS, an agreement has been prepared detailing the terms of the acquisition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that
the City Council does hereby authorize the acquisition of a mobile home from Augustine
Hernandez for the SE Main Ave/20th St/21st St Railroad Grade Separation Project (Eng. No.
02-2-2).
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-I, seconded by Council
Member Wray Williams:
WHEREAS, at the request of City staff, Peer Engineering has prepared a proposal to
provide environmental consulting services for hazardous material abatement and building
demolition required to prepare right-of-way for construction of the 34th St/I-94 Interchange
Project (Eng. No. 04-2-1); and
WHEREAS, Peer Engineering will perform these services for a cost not-to-exceed $49,370
to be paid from City funds dedicated to the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead,
Minnesota that the Mayor and City Manager are hereby authorized and directed to enter into
a an agreement for environmental consulting services with Peer Engineering for the 34th
St/I-94 Interchange Project (Eng. No. 04-2-1).
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-J, seconded by Council
Member Wray Williams:
WHEREAS, the Moorhead Fire Department submitted a grant application to the 2007
Assistance to Firefighters Grant Program to receive funds for a breathing air compressor
and filling station as the current equipment was not meeting the needs of the department;
and
WHEREAS, notification was received in January, 2008, that said application was approved
for an award in the amount of $36,000.00, with a match from the City of Moorhead in the
amount of $4,000.00; and
WHEREAS, a resolution is needed authorizing the acceptance of said grant award.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that
they do hereby authorize the acceptance of said grant award and expend these funds within
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 7
the grant guidelines.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-K, seconded by Council
Member Wray Williams:
WHEREAS, informal written quotes were received to supply Fleet Maintenance software,
and the following proposals were received:
Chevin RoadBASE ...................................... $27,750
Arsenault Dossier ........................................ $25,620
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead,
Minnesota that:
1. It is found, determined and declared that the lowest responsible bid of $27,750 was
received from Chevin Fleet Solutions. Said bid is in all respects in accordance with
the specifications. Thus, said bid is hereby in all things approved and accepted.
2. This purchase shall be funded from the Information Technology (705) approved 2008
budget.
BE IT FURTHER RESOLVED by the City Council of the City of Moorhead that the Mayor
and City Manager are herein authorized to enter into a licensing agreement with Chevin
Fleet Solutions.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-L, seconded by Council
Member Wray Williams:
WHEREAS, the Speak Easy Restaurant submitted an application for issuance of a special
event intoxicating liquor license for the conduct of an event at the Hjemkomst Center on
April 12, 2008; and
WHEREAS, said application has been reviewed by officials of the Moorhead Police
Department, who recommend issuance of the license.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that
the City Council does hereby approve issuance of a Special Event Intoxicating Liquor
License to the Speak Easy Restaurant for the conduct of the Alzheimer’s Association’s
fundraising event at the Hjemkomst Center on April 12, 2008 from 7:00 p.m. to 11:00 p.m.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-M, seconded by Council
Member Wray Williams:
BE IT RESOLVED by the City Council of the City of Moorhead, upon recommendation and
request of the Public Service Commission, to authorize advertisement for bids for water
distribution pipe and fittings as approved by the Public Service Commission at its March 11,
2008, meeting.
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 8
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-N, seconded by Council
Member Wray Williams:
BE IT RESOLVED by the City Council of the City of Moorhead, upon recommendation and
request of the Public Service Commission, to authorize advertisement for bids for street and
lawn repairs as approved by the Public Service Commission at its March 11, 2008, meeting.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-350-O, seconded by Council
Member Wray Williams:
WHEREAS, on March 7, 2008, bids were opened for water treatment chemicals; and,
WHEREAS, the Water Division Manager has evaluated the bids and submitted a bid
tabulation sheet with his recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, upon
recommendation and approval by the Public Service Commission at its March 11, 2008,
meeting, that the award of the bids received for water treatment chemicals are hereby made
to the lowest, qualified bidders as depicted on the bid tabulation sheet, a copy of which was
before the City Council and is now of record and on file in the office of the City Clerk.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-351, seconded by Council
Member Otto:
BE IT RESOLVED by the City Council of the City of Moorhead, upon recommendation of
Mayor Voxland, that the following individual is hereby reappointed to the committee as
noted:
Board of Appeal and Equalization
Mark Harless, 4332 Rivershore Drive South, representing an at-large citizen, is
reappointed for a term commencing February 1, 2008 and ending January 31, 2011.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-352, seconded by Council
Member Hunt:
BE IT RESOLVED by the City Council of the City of Moorhead, upon recommendation of
Council Members Winterfeldt-Shanks and Hunt, that the following individual is hereby
appointed to the committee as noted:
Moorhead Library/Lake Agassiz Regional Library Board
Cory Klinnert, 2207 7th Street South, representing the 3rd Ward, is appointed for a term
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 9
commencing March 17, 2008 and ending December 31, 2008.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-353, seconded by Council
Member Winterfeldt-Shanks:
WHEREAS, an Engineering Services Agreement with SRF Consulting Group for preliminary
engineering, environmental studies, and design for the 34th St/I-94 Interchange Project
(Eng. No. 04-2-1) was approved by the City Council on March 7, 2005; and
WHEREAS, Amendment #1 to the Engineering Services Agreement was approved by the
City Council on May 7, 2007; and
WHEREAS, Amendment #2 to the Engineering Services Agreement is necessary for
additional services beyond the scope of the original and previously amended agreements;
and
WHEREAS, Amendment #2 will increase the previously authorized contract amount by
$329,408.70 from $1,443,897.68 to $1,773,306.38; and
WHEREAS, expenditures associated with Amendment #2 will be paid in accordance with
Mn/DOT Agency Agreement No. 87226 from Municipal State Aid or local funds dedicated to
the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that
Amendment #2 to the Engineering Services Agreement with SRF Consulting Group is
approved, and the Mayor and City Manager are directed to enter into the amendment for
engineering services for the 34th St/I-94 Interchange Project (Eng. No 04-2-1).
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer moved, seconded by Council Member Wray Williams, to open the public
hearing to consider major changes to Moorhead Metro Area Transit Routes 4 & 6, and Evening
Routes 7 & 8, which motion passed by unanimous vote.
Lori Van Beek, Transit Manager, explained the purpose of the public hearing, which is to consider
major changes to Moorhead Metro Area Transit routes 4, 6, 7, & 8; and minor changes to routes 1
and 5, all of which become effective April 1, 2008. In July 2007, the F-M Metropolitan Council of
Governments completed a study entitled “Moorhead Expansion and Realignment”, which study
included recommendations relative to the realignment of existing routes to reach the new Super
Wal-Mart in Dilworth and expansion of service to Dilworth and southeast Moorhead (Menards area)
in 2008 or 2009. She added the proposed changes are also in response to transit riders’ requests
and/or suggestions for such service.
No one else wished to speak regarding this hearing. Council Member Bohmer moved, seconded by
Council Member Otto, to close the public hearing, which motion passed by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-354, seconded by Council
Member Otto:
WHEREAS, many Metro Area Transit (MAT) passengers travel to the existing bus stop by
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 10
Wal-Mart on 34th Street near Highway 10; and
WHEREAS, Wal-Mart has built a new Super Store to the north of the existing bus stop,
which location cannot be reached by MAT without a major restructuring to Routes 4, 6, 7
and 8; and
WHEREAS, a minor route change is needed to MAT Route 1 to provide access to a new
passenger shelter to be installed by Concordia College and to Route 5 to provide improved
timing;
WHEREAS, passengers were invited to attend an informational meeting held on Monday,
March 10, 2008, to discuss proposed changes and provide preliminary comments; and
WHEREAS, a public hearing was held on Monday, March 17, 2008, to afford an opportunity
for interested persons to be heard with respect to the proposed route changes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, upon
recommendation of the MAT Coordinating Board, that they do hereby approve the following
MAT routes changes to become effective April 1, 2008:
Routes 4 & 6: The existing 30-minute Routes 4 and 6 will be combined into a one-
hour route with two buses on the routes, staggered by 30-minutes and operating in
opposite directions. There will be no service to Route 6 on Saturdays.
Routes 7 & 8: The existing night Routes 7 and 8 will be combined into one 60-minute
route with one bus leaving the GTC at :45 minutes after the hour.
Route 1: The “on request” loop on 2nd Street from 12th Avenue S. to 9th Ave. S. will be
eliminated. Route 1 will continue to travel north on 5th Street S. between 12th Avenue
and 9th Avenue.
Route 5: Route 5 will reverse the existing route between 30th Avenue and 37th
Avenue west of 8th Street S.
Which resolution was declared duly adopted by unanimous vote.
Council Member Hunt introduced the following resolution #2008-355, seconded by Council Member
Hintermeyer:
WHEREAS, the Moorhead Fire Department has submitted an application for the FEMA
Staffing for Adequate Fire and Emergency Response (SAFER) grant for the past three
years the grant has been available; and
WHEREAS, the goal of the SAFER grant is to enhance local fire departments with their
ability to comply with staffing, response and operational standards advised by the National
Fire Protection Association (NFPA) 1710 and OSHA 1910.134; and
WHEREAS, more specifically, SAFER funds should assist local fire departments to increase
their staffing and deployment capabilities in order to respond to emergencies whenever they
may occur; and
WHEREAS, notification was recently received that said application was approved for an
award in the amount of $316,275.00 , with a match from the City of Moorhead in the amount
of $950,996.00 over a five year performance period of said grant; and
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 11
WHEREAS, this grant would assist the Fire Department with growing staff, reduce the costs
associated with additional staff, and meet the increasing needs of the City; and
WHEREAS, response times should be sufficiently reduced with an appropriate number of
personnel assembled at the incident scene, resulting in a faster, safer, and more efficient
incident scene being established and provide citizens more adequate protection from fire
and fire-related hazards;
WHEREAS, a resolution is needed authorizing the acceptance of the FEMA Staffing for
Adequate Fire and Emergency Response (SAFER) grant award.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead that
the City Council does hereby authorize the acceptance of said grant award and expend
these funds within the grant guidelines.
Which resolution was declared duly adopted by unanimous vote.
Council Member Bohmer introduced the following resolution #2008-356, seconded by Council
Member Winterfeldt-Shanks:
BE IT RESOLVED by the City Council of the City of Moorhead that the City Council does
hereby approve the renewal of a Minnesota Lawful Gambling License to the applicant listed
below:
VFW Post #1223
2201 1st Avenue North
Moorhead MN 56560
Sites:
VFW Post #1223 Sunset Lanes
2201 1st Avenue North 620 Highway 75 North
Moorhead MN 56560 Moorhead, MN 56560
Gambling Manager:
Dan Hunt
3511 7th Street South
Moorhead, MN 56560
Which resolution was declared duly adopted with the following voting aye: Council Members Otto,
Bohmer, Wray Williams, Winterfeldt-Shanks, Hintermeyer, Lemke; and Council Member Hunt
abstaining.
Council Member Bohmer introduced for first consideration, seconded by Council Member Wray
Williams:
ORDINANCE NO. 2008-9
AN ORDINANCE TO AMEND SECTION 2-3-11-C (4)
OF THE MOORHEAD CITY CODE RELATING TO LIQUOR LICENSE CONDITIONS
Which ordinance passed first consideration by unanimous vote.
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 12
Council Member Winterfeldt-Shanks introduced the following resolution #2008-357, seconded by
Council Member Otto:
WHEREAS, the Moorhead Public Service Commission (Commission) and the Mayor and
City Council have several major opportunities available to them for the determination of the
future of the Moorhead Public Service Power Plant site; and,
WHEREAS, recommendations and actions of the City of Moorhead-related boards and
community involvement groups are assisting to determine the future of the Power Plant site;
and
WHEREAS, the Commission’s opportunities include the environmental assessment of the
Power Plant site, generation plans for beyond 2008, environmental remediation options and
funding risks, and sale of the property for redevelopment; and
WHEREAS, the Mayor and City Council’s opportunities include the utilization of a
$1,400,000 Minnesota Department of Employment and Economic Development (DEED)
grant, the finalization of a public use for the grant utilization for such purposes as a library or
other possible public uses, and possible future additional grant funds for soil-related costs;
and
WHEREAS, the Moorhead Library Board will provide recommendations in April 2008
regarding a possible future library site; and
WHEREAS, the Commission and the City Council have received a completed environmental
assessment from PEER Engineering. In a letter dated February 19, 2008, PEER
Engineering informed Moorhead Public Service and City of Moorhead staff of the need for
the abatement of mercury, asbestos, and other miscellaneous materials in the building—
estimated cost is $1,850,000; and
WHEREAS, the Commission understands that the immediate cleanup of mercury and
asbestos issues is in the best interest of the future of this facility; and
WHEREAS, Moorhead Public Service and the City of Moorhead have chosen the Minnesota
Pollution Control Agency’s voluntary investigation and cleanup and Petroleum Brownfields
Program to address the mercury and other hazardous material issues, as well as minimize
duplication or unnecessary work during the course of the project; and
WHEREAS, the Commission wishes to utilize approximately $500,000 of available DEED
grant monies for cleanup of the Power Plant even though a public use for the facility may
not be found.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorhead, upon
recommendation and approval by the Commission at its March 11, 2008, meeting, that the
City Council approve such actions at the Moorhead Power Plant that are necessary to
provide for the remediation of environmental issues, specifically, to abate mercury and
asbestos at a cost of approximately $500,000.
Which resolution was declared duly adopted by unanimous vote.
Leigh Wilson-Mattson, Assistant to the City Manager, related the recent ‘Good News • Good
People’ announcements.
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 13
Council Member Bohmer moved, seconded by Council Member Hunt, to adjourn tonight’s meeting
to executive session to discuss labor negotiation strategies, which motion passed by unanimous
vote.
MOORHEAD CITY COUNCIL MINUTES
March 17, 2008 Page 14
The proceedings of this meeting are mechanically recorded and said cassette tape is available for
public review.
Meeting adjourned at 8:07 p.m. to executive session and to 5:30 p.m. on Monday, March 24, 2008.
APPROVED:
____________________________________
MARK VOXLAND, Mayor
ATTEST:
_________________________________
KAYE BUCHHOLZ, City Clerk
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