July 23, 2013 RESOLUTION NO : APPROVAL OF COUNCIL PROCEEDINGS

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1 COUNCIL PROCEEDINGS The City Council of Thief River Falls, Minnesota, met in regular session at 5:00 p.m. on in the Council Chambers of City Hall. The following Councilmembers were present: Brown, Cullen, Dagg, Hahn, Haj, Kajewski, Sollom and Schmalz. No Councilmembers were absent. Dagg chaired the meeting. PRESENTATIONS Director Kristi Harms of the Northwest Regional Library Management was introduced by Elvera Cullen. Ms. Harms stated she was pleased to be starting her new job in TRF and then introduced co-workers Ashia Gustafson and Emily Savageau. The Council welcomed them to the library system. APPROVAL OF AGENDA Councilmember Cullen motioned, being seconded by Councilmember Kajewski, to approve the agenda with the addition of item 7.05 Approval of Supplemental Agreement No. 1 with Davidson Construction for the Multi-use Trail. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF COUNCIL PROCEEDINGS No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to approve July 9, 2013 Council Proceedings. RESOLUTION NO : APPROVAL OF PAYMENT OF BILLS No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of $3,091, A printout of the approved payments and disbursements is attached hereto and made a part hereof. RESOLUTION NO : APPROVAL TO WRITE OFF FALLS LIQUOR STORE NSF CHECKS TO BAD DEBT EXPENSE No , being seconded by Councilmember Kajewski, that:

2 Page 2 of 10 RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation to write off the following 2011 and 2012 Falls Liquor Store NSF checks totaling $2, to bad debt expense. Efforts will continue to collect on the outstanding accounts. NAME DATE OF CHECK AMOUNT Anderson, Darryl & Marilyn 03/28/2011 $66.55 Appel, Lanea 06/28/2012 $20.77 Arguelles, Adrian 04/12/2012 $6.44 Baker, Daniel T. 06/28/2011 $28.81 Bayne, Terry 06/15/2012 $50.00 Boe, Jesse 02/10/2012 $44.82 Brierly, Robert 02/17/2012 $18.54 Cassavant, Tamara 04/18/2011 $65.00 Clinton, Sarah 05/27/2012 $41.54 Cutierrez, Jorge 05/25/2012 $30.28 Engles, Michael 11/25/2011 $12.02 Ewalt, Tra E. 09/02/2011 $17.49 Farder, Ashley 01/27/2012 $34.54 Farder, Ashley 01/18/2012 $41.85 Gregory, Tanya 10/20/2011 $57.36 Gregory, Tanya 10/12/2011 $26.23 Grindeland 08/14/2011 $34.00 Grindeland, Amanda 06/02/2011 $19.57 Grove, Crystal 05/24/2012 $42.55 Hensrud, Sandra 06/18/2012 $22.63 Hensrud, Sandra 06/23/2012 $27.96 Hesse, Ashley 05/24/2012 $18.58 Hillyer, William 06/09/2011 $28.81 Hingos, Tammy 01/11/2011 $38.15 Laakson, Theresa 02/07/2011 $17.77 Lian, Cassidy 04/24/2011 $47.71 McGregor, Kandi 06/27/2012 $72.99 Mischke, Anna 12/28/2011 $25.00 Mischke, Anna 12/29/2011 $40.00

3 Page 3 of 10 Nelson, Chelsey 12/30/2011 $55.30 Nelson, Jason M. 03/07/2012 $22.28 Nelson, Jason M. 04/04/2012 $18.55 Nelson, Lori K. 04/13/2011 $37.15 Nissen, Chad Lonny 07/06/2011 $34.97 Olson, Alicia 01/06/2012 $36.31 Olson, Cassandra A 08/20/2011 $45.85 Olson, Kristie 06/26/2012 $40.00 Olson, Kristie 06/19/2012 $50.00 Olson, Kristie 06/19/2012 $50.00 Olson, Kristie 06/23/2012 $40.00 Pettit, Tim 12/06/2011 $45.72 Proffit, Tony 07/08/2011 $23.75 Proffit, Tony 07/15/2011 $22.55 Renville, Isaiah 01/19/2012 $32.03 Renville, Isaiah 01/13/2012 $64.89 Renville, Isaiah 01/13/2012 $55.97 Renville, Isaiah 01/21/2012 $40.97 Renville, Isaiah 01/17/2012 $26.98 Renville, Isaiah 01/14/2012 $34.98 Salentiny, Cheri Ann 04/24/2012 $30.00 Salveson, Kevin 07/13/2011 $30.00 Sherer, Alicia 05/09/2011 $35.00 Slaathaug, Laurie 07/08/2011 $17.48 Slaathaug, Laurie 07/16/2011 $52.78 Srnsky, Patty 10/29/2011 $26.15 Stenvik, Lynn 08/30/2011 $60.00 Stevens, Nathan 06/28/2011 $8.15 Swanson, Robert E. 01/03/2011 $21.00 Wilson, Jesse 02/25/2012 $14.21 TOTAL $2, RESOLUTION NO : APPROVAL TO WRITE OFF UNCOLLECTIBLE UTILITY ACCOUNTS AND CERTIFY TO PENNINGTON COUNTY AUDITOR

4 Page 4 of 10 No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to accept the Utilities Committee recommendation that the following accounts shall have the unpaid charges certified to the property owner s property tax, as authorized by law: $26, Hwy 1 E. Rustad s Addition Vacated E. ½ Lot 23 and Lots 24 thru 27 and W. ½ of Lot $1, Knight Ave. N. Fairfax Addition M $1, Parnham St. E. Greendale Manor Lot Skylark H RESOLUTION NO : APPROVAL OF 2013 BUDGET AMENDMENT FOR TECHNOLOGY UPGRADES FOR A BANYON DATA SYSTEM POINT OF SALE APPLICATION No , being seconded by Councilmember Kajewski, that: WHEREAS, it is proposed to purchase a Banyon Point of Sale software module to assist in processing of over an estimated 50,000 transactions a year. This will significantly improve customer service and efficiency of the City. The Banyon Data System Point of Sale is software that will update the current City s accounting and utility billing programs that serves multiple departments, including the Administrative Offices, Parks and Recreation and Utilities Department. THEREFORE, BE IT RESOLVED, to approve a $6,500 budget amendment for 2013 to allow for the purchase of the Banyon Point of Sale software module.

5 Page 5 of 10 RESOLUTION NO : APPROVAL OF INTERNAL TRANSFER OF JOHN CERVANTES, PUBLIC WORKS MAINTENANCE (STREETS/SANITATION), TO STREETS/SANITATION FOREMAN No , being seconded by Councilmember Kajewski, that: WHEREAS, the newly created position of Streets/Sanitation Foreman was opened up to qualified Teamster #320 employees through the Internal Transfer process; and, WHEREAS, John Cervantes, Public Works Maintenance, was recommended to fill the position. THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to approve the internal transfer of John Cervantes from Public Works Maintenance to Streets/Sanitation Foreman, effective July 24, Mr. Cervantes shall be placed at Step 1 of the Streets/Sanitation Foreman salary schedule. RESOLUTION NO : APPROVAL OF PROGRESSION RAISE FOR SUSAN MOSBECK, CUSTOMER SERVICE REPRESENTATIVE No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to accept a Public Utilities Committee recommendation and grant Susan Mosbeck, Customer Service Representative, a progression raise. Ms. Mosbeck shall progress to Step 6 (top step) of the Customer Service Representative salary schedule, effective July 8, RESOLUTION NO : ADOPTION OF ORDINANCE NO. 60, 3 RD SERIES OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING DESIGN AND OFF-STREET PARKING REQUIREMENTS FOR MULTI-FAMILY, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS Councilmember Kajewski motioned, being seconded by Councilmember Haj, to call for the second reading of an ordinance that will amend City Code Chapter 152 Entitled "Zoning Code" by Amending Design and Off-Street Parking Requirements for Multi-

6 Page 6 of 10 Family, and by Adopting by Reference City Code Chapter 10 and Section , Which, among other things, Contain Penalty Provisions. The motion was unanimously carried. Following the reading of the ordinance by City Attorney Ihle, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Haj, that: THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS: Section 1. City Code Section entitled Design and Maintenance of Offstreet Parking Areas is hereby amended to add Division (D) to read: (D) In order to be counted as a parking stall, the parking stall shall have direct access to a driving lane. Section 2. City Code sec (D) entitled Multi-family is hereby amended to read: (D) Multi-family. Two stalls per dwelling unit, subject to specific uses set forth in Divisions (J) thru (T) of this Section. A garage stall shall equal one half of a parking stall in determining the number of parking stalls available. Section 3. City Code Chapter 10 entitled "General Provisions and Section entitled "Violation are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall be in force and effect from and after its passage, approval, and publication. RESOLUTION NO : ACCEPTANCE OF OLSON CONSTRUCTION TRF INC. BID FOR THE STORM SEWER REPAIR PROJECT ½ BLOCK EAST OF THE 200 BLOCK OF MAIN AVENUE NORTH Engineering Services Director, Mark Borseth, presented a Public Works Committee recommendation. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Haj, that: WHEREAS, pursuant to an advertisement for bids for the alley ½ block east of the 200 block of Main Avenue North Storm Sewer Repair Project; and WHEREAS, the following bids were received, opened, and tabulated according to law and in compliance with the advertisement:

7 Page 7 of 10 Olson Construction of TRF, Inc. $13, Jeffrey A. Olson $16, Davidson Construction, Inc. $19, WHEREAS, Olson Construction of TRF, Inc. appears to be the lowest responsible bidder. THEREFORE, BE IT RESOLVED, by the City Council, that; 1) The Mayor and City Administrator are hereby authorized and directed to enter into a contract with Olson Construction of TRF, Inc. for the Storm Sewer Repair Project according to the Plans and Specifications approved by the City Council and on file in the Office of the City Administrator. 2) The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION NO : ACCEPTANCE OF DAVIDSON CONTRUCTION, INC. BID FOR THE 2013 MULTI-USE TRAIL PROJECT Engineering Services Director, Mark Borseth, presented a Public Works Committee recommendation. Following discussion, Councilmember Haj introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, pursuant to an advertisement for bids for the 2013 Multi-Use Trail Project; and, WHEREAS, one bid was received, opened, and tabulated according to law and in compliance with the advertisement: Davidson Construction, Inc. $284, WHEREAS, award of bid would be contingent on project revisions to the alignment and shorten the boardwalk with the execution of Supplemental Agreement No. 1, THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with Davidson Construction, Inc. for the 2013 Multi-Use Trail Project according to the Plans and Specifications approved by the City Council and on file in the Office of the City Administrator.

8 Page 8 of 10 RESOLUTION NO : APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 WITH DAVIDSON CONSTRUCTION, INC. FOR THE MULTI-USE TRAIL PROJECT Engineering Services Director, Mark Borseth, presented a Public Works Committee recommendation. Following discussion, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Cullen, that: WHEREAS, this contract provides for the construction of a multi-use ped/bike trail including a treated wood boardwalk over existing wetlands, and WHEREAS, the only bid from Davidson Construction, Inc. was opened on June 20, 2013 in the amount of $284,112.00, and WHEREAS, the bid amount is $101, higher than the Engineer s Estimate which was $182, and the City of Thief River Falls desires to reduce the cost of this project, thus shortening the required length of boardwalk required to preserve the existing wetland, and WHEREAS, the City has applied for and received an additional exemption regarding the area of wetland to be impacted by the project, thus shortening the required length of boardwalk required to preserve the existing wetland, and WHEREAS, the City has determined that the trail alignment can be adjusted to further reduce the length of the boardwalk crossing the existing wetland, thus reducing the overall cost of the project to $254,258, and WHEREAS, the Engineer has further determined that the contract was awarded contingent on the contractor approving this Supplemental Agreement and the contract will not be signed by the City of Thief River Falls if this agreement is not approved by the contractor. NOW, THEREFORE, BE IT RESOLVED, by the City Council, to accept a Public Works Committee recommendation to authorize and direct the Mayor and City Administrator to execute supplemental agreement number one with Davidson Construction, Inc. as part of the Multi-Use Trail Project. RESOLUTION NO : SUMMARY OF PERFORMANCE EVALUATION OF CITY ADMINISTRATOR LARRY KRUSE AND APPROVAL OF PROGRESSION RAISE

9 Page 9 of 10 At its meeting of July 9, 2013, the City Council in closed session conducted a six-month performance evaluation of City Administrator, Larry Kruse. As required by Minnesota State Statute, at its next meeting, the City Council shall summarize its conclusions. Those conclusions are as follows: Mr. Kruse has met the City Council s expectations during his first six months as being the City Administrator for the City of Thief River Falls. He has performed satisfactorily in supervision, leadership, policy execution, planning, community, intergovernmental, and city council relations, and financial management. Following discussion, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Haj, that: BE IT RESOLVED, by the City Council, that Larry Kruse, City Administrator, be granted his progression raise as outlined in his employment contract for a new salary of $98,000 per year, effective July 7, COMMITTEE REPORTS Utilities Committee Dale Hahn UPCOMING MEETINGS/EVENTS Committee of the Whole July 30 th from 5:15 to 7:30 at the Ralph Engelstad Arena. City Council Meeting August 6, 2013 at 4:30 p.m. at Pioneer Village Utilities Committee Meeting August 12, 2013 at 4:30 p.m. Parks & Recreation/Public Safety Committee Meeting August 13, 2013 at 4:30 p.m. Public Works Committee Meeting August 14, 2013 at 4:30 p.m. Administrative Services Committee Meeting August 15, 2013 at 4:30 p.m. City Council Meeting August 20, 2013 at 5:00 p.m. INFORMATIONAL ITEMS Investment Summary dated 6/30/2013 ADJOURNMENT There being no further discussion, Councilmember Schmalz moved, being seconded by Councilmember Cullen, to adjourn the meeting at 6:25 p.m. On vote being taken,

10 Page 10 of 10 the Chair declared the motion unanimously carried and the meeting adjourned until 5: 15 on July 30 th at the Ralph Engelstad Arena. Jim Dagg, Mayor Attest: Larry Kruse, City Administrator