THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY- OCTOBER 7, 2014

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1 THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY- OCTOBER 7, 2014 COUNCIL CHAMBERS CITY HALL RD STREET EAST 5:00PM 1. CALL TO ORDER 1.5 PLEDGE OF ALLEGIANCE 2. ROLLCALL 3. PUBLIC FORUM -Individuals may address the City Council about any item not included on the regular agenda. A maximum of 5 minutes is allotted for the public forum. Speakers are requested to come to the microphone, state their name and address for the record, and limit their remarks to five minutes. The City Council will not take official action on items discussed at this time, with the exception of referral to staff or a committee, board or commission for a future report. 4. PRESENTATIONS/PROCLAMATIONS/PUBLIC INFORMATION ANNOUNCEMENTS 5. APPROVE AGENDA- Council members may add items to the agenda for discussion purposes or staff direction. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA- These items are considered routine in nature and are approved with one motion without discussion/debate. The Mayor will ask if any Council member wishes to remove an item and place it on the regular agenda for discussion and consideration. If no items are to be removed, the Mayor will then ask for a motion to approve the Consent Agenda Approval of September 16, 2014 and September 29, 2014 Meeting of the Whole and Council Proceedings. (page 3-17) 6.02 Approve City of Thief River Falls Bills and Disbursements. (see attachment) 6.03 Approval of Safety Management Program Contract with Minnesota Municipal Utilities Association. (page 18-19) 6.04 Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. (page 20-23) 6.05 Approval of Election Judges for the General Election (page 24) 1

2 7. NEW BUSINESS 7.01 Approval of Employment of Michelle Paulson as Billing Clerk. (page 25-26) 7.02 Approval of Low Bid from Visu-Sewer as part of the 2014 Street & Utilities Project. (page 27-29) 8. COUNCIL BOARDS AND COMMISSIONS REPORTS -Notallboardsorcommissionswill have met prior to the Council meeting. These reports are intended to keep the other council members informed of actions or proposed actions taken by these boards and commissions. Only those with something to report would be on the agenda. 9. UPCOMING MEETINGS 9.01 Utilities Committee Meeting- October 13th at 4:30p.m Parks & Recreation/Public Safety Committee Meeting- October 14th at 4:30p.m Public Works Committee Meeting- October 15tJ' at 4:30p.m Administrative Services Committee Meeting- October 16th at 4:30 p.m City Council Meeting- October 21st at 5:00p.m League ofmn Cities 2014 Regional Meetings- October 28th 9.07 MnDOT/City Council Meeting- October 30th at noon in the Council Chambers 10. INFORMATIONAL ITEMS 11. ADJOURNMENT City of Thief River Falls complies with the ADA. Individuals with disabilities requiring special aids should contact the City Administrator, 405 Third Street East, Thief River Falls, MN 56701, , 48 hours prior to the scheduled meeting. 2

3 COUNCIL PROCEEDINGS September 16, #6.o1 1 The City Council of Thief River Falls, Minnesota, met in regular session at 5:00p.m. on September 16, 2014 in the Council Chambers of City Hall. The following Councilmembers were present: Cullen, Dagg, Hahn, Prudhomme, Schmalz, Kajewski, and Brown. Councilmember Sollom was absent. Dagg chaired the meeting. PUBLIC FORUM Citizen, Tony Kozojed, discussed concern with the process ofthe Police Chief search PRESENTATIONS/PROCLAMATIONS/PUBLIC INFO/ANNOUNCEMENTS Mayor Dagg introduced the Economic Development Director Christine Anderson APPROVAL OF AGENDA Councilmember Brown motioned, being seconded by Councilmember Hahn, to approve the agenda with the removal of two items from consent agenda to new business. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF COUNCIL PROCEEDINGS Presented as part ofthe Consent Agenda, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Cullen, that: RESOLVED, by the City Council, to approve September 2, 2014 Council Proceedings. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF PAYMENT OF BILLS Presented as part ofthe Consent Agenda, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Cullen, that: RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of$503, A printout of the approved payments and disbursements is attached hereto and made a part hereof. On vote being taken, the motion was unanimously approved. RESOLUTION NO : RESOLUTION APPROVING PROGRESSION RAISE FOR GREG HALL, MASTER ELECTRICIAN Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Cullen, that: 3

4 Council Proceedings September 16, 2014 Page 2 of 11 RESOLVED, by the City Council, to accept the Public Utilities Committee recommendation and grant Greg Hall, Master Electrician, a progression raise. Mr. Hall shall progress to Step 3 of3 ofthe Grade LevelS/Pay Range 8 (+$1.00) Master Electrician salary schedule, for a new hourly wage of $29.43 effective September 25, On vote being taken, the resolution was unanimously passed. RESOLUTION NO : RESOLUTION APPROVING SNOW REMOVAL POLICY Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Cullen, that: BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to adopt the City's Snow Removal Policy which outlines the procedure to be followed by the City after a snowfall. STREETS AND ALLEYS The scheduled starting time after a snowfall of approximately two inches is 2:00a.m. Central Business Area- This area is bordered by Fourth Street on the north, Knight Avenue on the west, First Street on the south, and the Canadian Pacific Railroad on the east (including LaBree A venue east to the hospital emergency entrance). The motor graders will plow the Central Business Area roadways first and then proceed to clean the following main arteries (see attached map): Priority 1 Atlantic Avenue, First Street, Brooks Avenue, Barzen Avenue, Pennington Avenue (urbanized section), Evergreen Street to Challenger Elementary School entrance road, Nora Street, Spruce A venue, Greenwood Street, Arnold A venue south of Third Street, Sixth Street, Davis A venue, Edgewood Drive, and the frontage roads. While the motor graders are plowing the Central Business Area and main arteries, two loaders will plow snow from the municipal parking lots as per the City's calendar parking ordinance. When the lots are cleaned, one loader with a snow plow will assist the motor graders and the other will plow alleys in the Central Business Area. Priority 2 At approximately 6:00 a.m., after the Central Business Area and main arteries are cleared, the two motor graders will separate and clear the streets and avenues on either side of town (the east and the west sides of the river) based on the following schedule: Monday, Wednesday and Friday: Avenues, including Red Lake Boulevard Tuesday, Thursday and Saturday: Streets, Courts, Cui-de-sacs, Drives and Lanes Priority 3 4

5 Council Proceedings September 16, 2014 Page 3 of 11 Once the streets and/or avenues have been plowed of snow, the remainder of all roads in the City will be plowed and all township or county roads where executed agreements are in place. Two pickup trucks with snow plows will plow residential alleys and assist in the Central Business Area. Snow Removal After completion of snow plowing, snow removal will be scheduled in the Central Business Area and the MnDOT highway system using one loader with snow blower, two motor graders and four trucks starting at 12:00 a.m. Removal of snow piles from private and public businesses will be on a time available basis. Sanding Sanding operations begin 2 hours after snow plowing starts in the same priority order. Miscellaneous After an unusually heavy snowfall, the 10-yard truck with a one-way plow will assist the two motor graders and loaders to open up all City streets and avenues as soon as possible. Scheduling overtime weekend work is determined by snow amounts, time of snowfall and financial considerations. SIDEWALKS The City will remove most of the snow from the following designated public sidewalks within 48 hours of a snowfall in the following order starting at 7:30A.M. Falls Liquor, City Hall, Fire Department, City Lot Second and Labree, Public Library, Carnegie Library Old Arena and former City Auditorium as per lease with Pennington County Municipal Lot #4, Floyd B. Olson Park The north side of First Street from Main A venue to Pennington A venue River Walk from First Street to Sioux Street The north side of Greenwood Street from Columbia A venue to Oakland Park Road The south side of Greenwood Street from Oakland Park Road to Barzen A venue The south side of Greenwood Street from Columbia A venue to Pennington A venue The west side of Pennington A venue from Greenwood Street to Eastwood Drive The north side of Greenwood Street from Pennington A venue to Kendall A venue The north side of First Street from Pennington A venue to Crocker A venue The west side of Crocker A venue from First Street to Mussey Street The south side of First Street from Crocker A venue to Highway 59 The east side of Spruce A venue from First Street to Gulf Street The north side of Highway 59 from First Street to Atlantic Avenue 5

6 Council Proceedings September 16, 2014 Page 4 ofll The south side ofhighway 59 from Davis Avenue to Tindolph Avenue, Veteran's Garden The south side ofeighth Street from Reserve Avenue to east of Red Lake River The north side ofeighth Street from east of the Red Lake River to Main Avenue Residents are obligated to clear the balance of remaining snow from the above sidewalks adjacent to their properties within 48 hours of the snowfall, according to City ordinance. On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL OF ADDENDUM TO LEASE AGREEMENT WITH THIEF RIVER FALLS AMATEUR HOCKEY ASSOCIATION (TRFAHA) Presented as part ofthe Consent Agenda, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Cullen, that: WHEREAS, traditionally the Huck is open the Monday after Deer opener. The Lessor can provide early ice with the following conditions: Lessee agrees to pay 100% of the utilities from the 1st day of available ice. Ice installations cost are the responsibility of the Lessor since it will be in for the season. Lessor will provide and be reimbursed by Lessee for the maintenance worker working during early ice. Lessor will provide and be reimbursed by Lessee for all janitorial, propane, and other routine building maintenance cost. Lessor will use city owed equipment to maintain the facility and ice maintenance. WHEREAS, this addendum is meant to provide earlier ice at no additional cost the Lessor. Lessee has exclusive rights to the facility until the Monday after deer opener. Lessee has the right to rent ice to other groups with approval of Lessor. THEREFORE, BE IT RESOLVED, by the City Council, to approve addendum to lease agreement with Thief River Falls Amateur Hockey Association. On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL TO IMPLEMENT A FEE TO COVER ADMINISTRATIVE COSTS IN PREPARING ALL DOCUMENTATION INVOLVED WITH THE TRANSFER OF A GRA VESITE Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Cullen, that: BE IT RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation to implement $100 fee to cover administrative costs in preparing all documentation involved with the transfer of a gravesite effective immediately. 6

7 Council Proceedings September 16, 2014 Page 5 of 11 On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL OF DECLARATION OF CITY SURPLUS PROPERTY After discussion and removal of the Parks & Recreation items, Councilmember Brown introduced Resolution No ~ being seconded by Councilmember Hahn, that: RESOLVED, by the City Council, to accept a Committee recommendation to declare as surplus property and to authorize their sale through online auction or to be sold as scrap: MIS Surplus List as attached hereto and made a part hereof Topper from Electric Department Wooden shelf from the library White one ton pickup from cemetery On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL OF RATE INCREASE FOR TRFAHA AND THIEF RIVER FALLS SKATING CLUB A Parks & Recreation/Public Safety Committee Recommendation was presented. Following discussion, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Brown, that: WHEREAS, due to upcoming registrations for the groups and overlap of fiscal years the Parks and Recreation Committee has negotiated a 5 year, $5.00 per year increase of each hour of ice used as follows: October 1, $55.00/hr. October 1, $60.00/hr. October 1, $65.00/hr. October 1, $70.00/hr. October 1, $75.00/hr. THEREFORE, BE IT RESOLVED, by the City Council, to approve rate increase for the next 5 years for the Thief River Falls Amateur Hockey Association and Thief River Falls Figure Skating Club. On vote being taken, the resolution was unanimously passed. 7

8 Council Proceedings September 16, 2014 Page 6 ofll RESOLUTION NO : RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR THE 2014 STREET AND UTILITIES IMPROVEMENT REBID PROJECT Mark Borseth, Community Services Director, presented a recommendation. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, contracts have been let for the 2014 Street and Utilities Improvement Rebid Project and the contract price for such improvements is $554,707 and the estimated expenses incurred or to be incurred in the making of such improvements amount to $88,171 so that the total estimated cost of the improvements will be $642,878. THEREFORE, BE IT RESOLVED, by the City Council, that: 1) The portion of the cost of such improvements to be paid by the City is approximately $317,626 and the portion of the cost to be assessed or invoiced against benefited property owners is estimated to be $325,252; and 2) Assessments shall be payable in equal annual installments extending over a period of 12 years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear an interest rate of 5% per annum from the date of the adoption of the assessment roll; and 3) The City Administrator, with the assistance of the Community Services Director, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the area affected, without regard to cash valuation as provided by law, and the City Administrator shall file a copy of such proposed assessment in the Office of the City Administrator for public inspection; and 4) The City Administrator shall, upon the completion of such proposed assessments, notify the City Council of its completion. On vote being taken, the resolution was unanimously passed. RESOLUTION NO : RESOLUTION ESTABLISHING A PUBLIC HEARING WITH REGARD TO PROPOSED ASSESSMENTS ON THE 2014 STREET AND UTILITIES IMPROVEMENT REBID PROJECT Mark Borseth, Community Services Director, presented a recommendation. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Kajewski, that: 8

9 Council Proceedings September 16, 2014 Page 7 of 11 WHEREAS, pursuant to Resolution No , the City Administrator and Community Services Director were directed to prepare the proposed assessments of the 2014 Street and Utilities Improvement Rebid Project; and, WHEREAS, the City Administrator has notified the City Council that such proposed assessment has been completed and filed in the Office of the City Administrator for public inspection. THEREFORE, BE IT RESOLVED, by the City Council of Thief River Falls, that: 1) A hearing shall be held on the 21st day of October, 2014 in the Council Chambers of City Hall at 7:00p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment; and 2) The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the City Administrator shall state in the notice the total cost of the improvement, The City Administrator shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing; and 3) The owner of any property so assessed may, at any time prior to certification ofthe assessment to the Pennington County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption ofthe assessment. The property owner may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL OF VARIANCE FOR SANFORD HOSPITAL Mark Borseth, Community Services Director, presented a Planning Commission recommendation. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Cullen, that: WHEREAS, pursuant to proper notice, a public hearing was held on September 9, 2014 on a variance request submitted Sanford Hospital to allow five 21 S.F. directional signs; and, WHEREAS, the Planning Commission recommends approval by the City Council, based on the fact that the request meets the criteria for granting a variance. 9

10 Council Proceedings September 16, 2014 Page 8 of 11 THEREFORE, BE IT RESOLVED, by the City Council, to accept the Planning Commission recommendation to approve the variance request by Sanford Hospital to allow five 21 S.F. directional signs. Their recommendation also requires the area around the signs be maintained. On vote being taken, the resolution was unanimously passed. RESOLUTION NO : ADOPTION OF ORDINANCE NO. 68, 3RD SERIES OF THE CITY OF THIEF RIVER FALLS, MINNESOTA. AMENDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING PERMITTED AND CONDITIONAL USES IN CERTAIN ZONES AND BY AMENDING CERTAIN OTHER SECTIONS Mark Borseth, Community Services Director, presented a Planning Commission recommendation. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Kajewski, that: THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS: Section 1. City Code (B), entitled "Minimum Dwelling Size" is hereby amended by removing paragraph (3) and renumbering the remaining paragraphs to read: (B) Minimum Dwelling Size. (1) Single-family and two-family dwellings located in the R-1, R-2, and R-4 Districts shall provide not less than 950 square feet of gross floor area per dwelling unit, shall be not less than 20 feet wide at the narrowest point, and shall be affixed to a permanent foundation as defined in the State Building Code. In addition to the requirements of the State Building Code, the permanent foundation, whether masonry, concrete, or treated wood, shall be constructed as continuous walls, which walls shall not have any openings except as required by the State Building Code or for windows. (2) Single-family and two-family dwellings located in R-3 District shall provide 720 square feet of gross floor area per dwelling unit and shall be 12 feet wide at the narrowest point. (3) Multi-family dwellings having four or more units shall provide a minimum of330 square feet of gross floor area per living unit. Section 2. City Code Section (A) entitled "Purpose" is hereby amended to read: (A) Purpose. The purpose of this District is to allow areas of multi-family use at higher densities of nine to 19 dwelling units per acre for both permanent and transient families. It is appropriate only in areas served by adequate public utilities, immediate accessibility to arterial or collector streets, and public services. Section 3. City Code (E)(2)(a), entitled "Lot area" is hereby amended to read: 10

11 Council Proceedings September 16, Page 9 of 11 (a) Lot area: Not less than 3,000 square feet for each of the first four dwelling units and 2,000 square feet for each dwelling unit thereafter in a multi-family structure. This is subject to the minimum 18,000 square feet requirement set forth in paragraph (1) General Yard Requirements above. All lots with multi-family dwelling units shall have a maximum impervious coverage of 40% or up to 60% with a Conditional Use Permit. Section 4. City Code , entitled "AGRICULTURE DISTRICT (AG)" of City Code Chapter 152 is hereby amended by changing (C)(6) to read: (6) Public: cemeteries, essential services, parks, and historic sites. Section 5. City Code , entitled "GENERAL BUSINESS DISTRICT (C-2)" is hereby amended by changing (B) to add paragraph (7) to read: (7) Religious: churches, convents, monasteries, mosques, nunneries, seminaries, synagogues, temples, and all other religious institutions or places of religious assembly. Section 6. City Code , entitled "CENTRAL BUSINESS DISTRICT (C-3)" is hereby amended by changing (B) to add paragraph (7) to read: (7) Religious: churches, convents, monasteries, mosques, nunneries, seminaries, synagogues, temples, and all other religious institutions or places of religious assembly. Section 7. City Code , entitled "CENTRAL BUSINESS DISTRICT (C-3)" is hereby amended by changing (C) by removing paragraph (1), and renumbering the remaining paragraphs to read: (C) Conditional uses. (1) Educational: day care centers, nursery schools, and public and private schools. (2) Residential: multi-family dwellings of at least three stories and not exceeding 60 feet in height nor less than four units per structure and apartments over commercial units. (3) Retail: pet stores, excluding kennels. (4) Services: automobile sales, automobile service station and repair garage, on/off sale liquor establishments, printing, publishing, and wholesale outlets. (5) Shopping centers. (6) Suiface water-oriented commercial uses. Section 8. City Code Section (B)(2) entitled Official flood plain maps is hereby amended to read as follows: 11

12 Council Proceedings September 16, 2014 Page 10 of 11 (2) Official flood plain maps. The official zoning districts map of the City shall delineate the 100 year flood hazard areas. The flood insurance study for Pennington County, Minnesota and Incorporated Areas, prepared by the Federal Emergency Management Agency dated May 3, 1990 and the Flood Insurance Rate Map dated May 3, 1990 (annotated by the Letter ofmap Revision issued by the Federal Emergency Management Agency, Case No P, with an effective date of September 18, 2014, including all attached maps, tables, and flood profiles) are incorporated into this Section. The official zoning map shall be on file in the office of the Zoning Administrator. Section 9. City Code Chapter 10 entitled "General Provisions" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. On vote being taken, the resolution was unanimously passed. RESOLUTION NO : APPROVAL TO PAY THE COST AND EXERCISE THE OPTION TO PURCHASE PHASE ONE OF THE NOPER PROPERTY Mark Borseth, Community Services Dir~ctor, presented a recommendation. Following discussion, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, in July 2014, the City entered into an Agreement for Option to Purchase approximately 68 acres known as the Noper property. The Option outlined four specific phases. The City is purchasing the Phase One (1) comprised of approximately seven acres; and WHEREAS, the cost of the Option to Purchase is $2,500 per Phase for each of the four phases and the cost to purchase Phase One (1) is $5,575/acre with funds coming from the General Fund reserve and to pay cost of survey. THEREFORE, BE IT RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation to pay the $10,000 option cost and to exercise the Option to Purchase Phase One ( 1) identified in the Agreement for Option to Purchase Agreement from Karen A. Trentzsch and Paul Trentzsch, wife and husband, the Estate of Jeanette R. Trentzsch, and the Noper, McEnally, and Harding Partnership and to obtain a survey of Phase One area. BE IT FURTHER RESOLVED, by the City Council, to table legal consideration, pending written consent from Karen A. Trentzsch approving City Attorney Ihle representing the. City in this matter. Let it be noted, if written consent is not received within 30 days the City will seek an advisory board opinion regarding the matter. On vote being taken, the resolution was urtanimously passed. 12

13 Council Proceedings September 16,2014 Page 11 of 11 RESOLUTION NO : APPROVAL TO GO FORWARD WITH LEGAL CONSIDERATION AND IHLE AS LEGAL COUNSEL UPON WRITTEN CONSENT OR ADVISORY BOARD DECISION REGARDING PURCHASE OF THE NOPER PROPERTY Following discussion, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Brown, that: WHEREAS, pursuant to Resolution No , legal consideration regarding the Noper property was tabled in order to receive written consent from Karen A. Trentzsch approving City Attorney Ihle representing the City; and WHEREAS, if written consent is not received within 30 days a decision from the advisory board will be sought. THEREFORE, BE IT RESOLVED, by the City Council, to go ahead with legal consideration and City Attorney lhle as legal counsel in the matter of the Noper property with written consent from Karen A. Trentzsch or after approval of the advisory board if we do not receive written consent from Karen within 30 days. On vote being taken, the resolution was unanimously passed. UPCOMING MEETINGS/EVENTS City Council Meeting - October 7tli at 5:00 p.m. Utilities Committee Meeting- October 13th at 4:30p.m. Parks & Recreation/Public Safety Committee Meeting- October 14th at 4:30p.m. Public Works Committee Meeting- October 15tl! at 4:30p.m. Administrative Services Committee Meeting- October 16tl! at 4:30p.m. City Council Meeting- October 21st at 5:00 p.m. League ofmn Cities 2014 Regional Meetings- October 28tl! INFORMATIONAL ITEMS Investment Summary dated 8/31/2014 ADJOURNMENT There being no further discussion, Councilmember Kajewski moved, being seconded by Councilmember Cullen, to adjourn at 6:27p.m. to the Committee of the Whole meeting at on September 29th at 5:00p.m. and Special Council Meeting at 6:00p.m. On vote being taken, the Chair declared the motion unanimously carried. Attest: Larry Kruse, City Administrator Jim Dagg, Mayor 13

14 #6.01 City Council Committee Meeting of the Whole September 29, 2014, 5:00 p.m. The following Councilmembers were present: Cullen, Dagg, Hahn, Prudhomme, Schmalz, Brown and Sollom. Councilmember Kajewski was absent. Dagg chaired the meeting. Others Present, Barry Newton, Craig Mattson, Steve Olson, Mark Borseth, Wayne Johnson, Dale Narlock, Angie Philipp, Barry Froiland, Randy Konickson. Absent: Joe Amundson Mayor Dagg opened the meeting stating the purpose was to discuss and gain consensus on a preliminary levy. The preliminary levy can go down, stay the same or go up. After adoption of the preliminary levy, the final levy can't increase but may go down. City Administrator Kruse stated the purpose ofthe meeting is not to review the budget in line detail, as that is being done by and with department heads at the Committee level. Finance Director Angie Philipp reviewed budget documents showing past levy trends, detailed line item budget and summary information outlining the changes made during the budget process as it migrated through Committees. Department Heads were asked to comment on their respective budgets as follows: Superintendent Dale Narlock commented that the increase in Administrative Services and increased fund transfers can't continue. Narlock reviewed past transfers and also reported on the amount of electrical service support the department does for other departments which is above and beyond the actual transfers. City Attorney Paullhle mentioned the coverage ratio that the Electric Department needs to maintain for bond purposes and is currently below what is desirable. lhle stated that there is no specific requirement number for an electric transfer, and that it must be "reasonable". Narlock was critical about cutting police tactical gear as employee safety should be of utmost importance. Narlock stated the past history of cutting and decreasing the levy for the past ten years has not been good for the Electric Department. He encouraged the council to use foresight and look at a levy increase. Streets/Sanitation Superintendent Randy Konickson stated the budget is adequate for his department. He previously met with the City Administrator and Finance Director and some concessions were made, but the outcome was satisfactory. The Streets and Sanitation expenses increased by $47,000 in Fire Chief Barry Newton reported the budget was reviewed and the Chiefs are comfortable with what is presented. The Chiefs appreciate the $60,000 in the building reserve is still included. Newton stated he would like to see the rescue truck moved forward soon, however, there is not room in the current facility to store the vehicle. The Fire Department expenses increased $70,000 in the 2015 budget. Waters Superintendent Wayne Johnson reported he is satisfied with the proposed budget and understands it is a working document as we progress to year end. The Waters Department expenses increased $382,000 in Johnson stated the past trend of decreasing the levy and absorbing increased costs has been detrimental to City operations and encouraged the Council to consider a Levy increase and not put the burden on utilities. 14

15 Community Services Director Mark Borseth stated he is satisfied with the proposed budget for his department. Borseth stated the Council should focus on a certain dollar increase as it is a better gauge of the City's budget needs rather than focusing on a specific percent increase. With significant changes in the department his expenses for Community Services, Public Buildings, library, decreased $106,000 in liquor Store Manager Steve Olson stated he has no issues with the proposed budget. Olson stated they budget very conservatively and no one can predict the weather, which influences his operation significantly. Advertising was briefly discussed and that is something the Committee can discuss further. Olson stated Marketing is like winking at someone in the dark, no one notices it. Olson stated that he understands that the Council may want to decrease advertising, but also said that along with that decision comes responsibility for sales. Olson stated the purpose of the liquor Store is to 1) control the sale of liquor and 2) provide revenue for the City. It is the Council's decision how much to transfer to the General Fund. The liquor Store proposed liquor Store expenses increased $129,000 in Deputy Chief Craig Mattson stated he is satisfied with the proposed 2015 budget. Mattson clarified for Narlock and the City Council that safety is of utmost importance to them. The Department does have bullet proof vests and he is thankful for the vest carriers in the current budget. The tactical gear mentioned by Narlock is something different and that is something to work on in future years. The current budget replaces 20 year old guns and the evidence locker, amongst other things. Further, the budget includes $40,000 for a shared position with Pennington County on the Violence Prevention Drug Task Force. The expenses for 2015 has an $118,000 increase. Barry Froiland stated he agreed with Dale Narlock's comments about administrative fees and increasing fund transfers from the electric department. Froiland also agreed with City Attorney Paullhle regarding the need to maintain an adequate coverage ratio for bonding purposes. Froiland questioned the added staff in Administration to clarify if it involved the billing clerk, which it did not. Kruse reported Parks and Recreation Director Joe Amundson had an excused absence. Motion by Council member Cullen, seconded by Council member Schmalz to adjourn the Committee of the Whole meeting to the reconvene to a special Council meeting. Mayor Dagg declared the Committee meeting of the Whole adjourned at 6:10p.m. and announced a ten minute recess. Motion carried unanimously. 15

16 COUNCIL PROCEEDINGS September 29, #6.a1 The City Council ofthiefriver Falls, Minnesota, met in special session at 6:00p.m. on September 2, 2014 in the Council Chambers of City Hall. The following Councilmembers were present: Cullen, Dagg, Hahn, Prudhomme, Schmalz, Brown and Sollom. Councilmember Kajewski was absent. Dagg chaired the meeting. Staff present, Barry Newton, Craig Mattson, Steve Olson, Mark Borseth, Wayne Johnson, Dale Narlock, Angie Philipp, Barry Froiland, Randy Konickson. Excused Absence: Joe Amundson APPROVAL OF AGENDA Councilmember Sollom motioned, being seconded by Councilmember Cullen, to approve the agenda. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF PRELIMINARY 2015 BUDGET SUMMARY The City Council reviewed a request for council action regarding preliminary 2015 budget summary. Following discussion, Councilmember Prudhomme introduced Resolution No., being seconded by Councilmember Cullen, that: RESOLVED, by the City Council, to adopt the City of Thief River Falls Preliminary 2015 Budget. A summary of the 2015 revenue and expenditures is as follows: General Fund Liquor Dispensary Electric Utility Fund Storm Water Utility Fund Water Systems Utility Fund Police Relief Pension Fund Debt Service Fund TOTALS 2015 REVENUE $ 8,246,961 $ 4,698,068 $14,071,225 $ 160,500 $ 3,017,888 $ 5,989 $ 459,400 $30,660, EXPENSE $ 8,242,450 $ 4,698,068 $14,596,878 $ 102,729 $ 2,946,591 $ 19,454 $ 534,080 $31 '140,250 TRANSFERS OR (USE) OF FUND RESERVES $ 4,511 $ 0 ($ 525,653) $ 57,771 $ 71,297 ($ 13,465) ($ 74,680) ($ 480,219) On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF PROPOSED 2015 TAX LEVY, COLLECTIBLE IN 2015 The City Council reviewed a request for council action regarding proposed 2015 tax levy. Following discussion, Councilmember Sollom introduced Resolution No., being seconded by Councilmember Brown, that: RESOLVED, by the City Council of Thief River Falls, County ofpennington, Minnesota, that the following sums of money be levied for the current year, collectible in 2015, upon 16

17 Council Proceedings September 29, 2014 Page 2 of2 taxable property in the City of Thief River Falls, for a total proposed levy of$1,591,778. This represents a $75,000 or approximately 4.94% increase over last year's levy. BE IT FURTHER RESOLVED, that the final budget and levy for the City of Thief River Falls will be discussed and determined at 6:00p.m. on December 2, 2014 Council meeting. On vote being taken, the resolution passed with Councilmember Prudhomme and Cullen voting nay. ADJOURNMENT There being no further discussion, Councilmember Sollom moved, being seconded by Councilmember Cullen, to adjourn at 6:30p.m. On vote being taken, the Chair declared the motion unanimously carried. Jim Dagg, Mayor Attest: Larry Kruse, City Administrator 17

18 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION 1 # RESOLUTION NO. : APPROVAL OF SAFETY MANAGEMENT PROGRAM CONTRACT WITH MINNESOTA MUNICIPAL UTILITIES ASSOCIATION Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember that: RESOLVED, by the City Council, to authorize and direct the Mayor and City Administrator to execute a Safety Management Program Contract with the Minnesota Municipal Utilities Association (MMUA), effective October I, 2014 through September 30, The City shall pay MMUA $20, to administer the City's Safety Program for the contract period. Presented at the October 7, 2014 Council Meeting Introduced by: Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _Schmalz_Sollom Notes:

19 Minnesota Municipal Utilities Association AMENDMENT TO SERVICES AGREEMENT Safety Management Program Contract Date: August Contract Number: The services agreement entered into between Minnesota Municipal Utilities Association (MMUA) and City of Thief River Falls (Thief River Falls), dated August 12, 2013, contract number , is amended as follows: PART II, Section DURATION: This Agreement shall remain in force from October 1, 2014 until September 30, 2015 (the "expiration date"). PART III, Section COMPENSATION: For the services covered by this Agreement, Thief River Falls shall pay MMUA an annual fee of twenty thousand six hundred dollars and 00 cents ($ 20,600.00) for the annual period. Such compensation shall be due and payable according to the selected payment terms below. Payment terms for the fee agreed to above shall be based on one of the following options (select one): o Annual Payment ($20,600.00) X Quarterly Payments ($ 5, each) For any term of less than twelve full calendar months, the fee shall be a portion of the annual fee, pro-rated based on the number of calendar months or partial calendar months in which the services were provided as a percentage of twelve (12). The parties hereby accept the terms of the Agreement as modified. Minnesota Municipal Utilities Association Date August Purchase Order # _ 19

20 City of Thief River falls 405 Third Street East PO Box 528 Thief River Falls MN # PHONE: FAJ(: jnelson@citytrf.net REQUEST FOR COUNCIL ACTION DATE: October 3, 2014 SUBJECT: Reimbursement Resolution for 2014 Street & Utilities Improvements RECOMMENDATION: It is respectfully requested the Council consider the following: MOTION TO: establish procedures relating to compliance with reimbursement bond regulations under the internal revenue code. BACKGROUND: The City is likely to begin to incur expenses relating to the 2014 street and utilities improvements prior to receiving the proceeds of general obligation bonds. The estimated closing date for the general obligation bond is December 15, The City should consider adopting a reimbursement resolution that would allow the City to reimburse itself when the proceeds from the issuance of bonds are available. A reimbursement resolution is necessary for a City to reimburse itself for the payment of hard costs (construction, capital purchases) but is not necessary to reimburse for the payment of soft costs (engineering, legal). A reimbursement resolution allows the City to reimburse itself with future bond proceeds for project expenses paid with reserves prior to the issuance of bonds. The City can reimburse itself for expenses paid 60 days prior to the passage of the resolution and those occurring after. New bonds need to be issued within three years after the project is completed if the City issues less than $5 million in new bonds in a calendar year. KEY ISSUES: None FINANCIAL CONSIDERATION: LEGAL CONSIDERATION: DEPARTMENT/RESPONSIBLE PERSON: Larry Kruse, City Administrator REVIEWED BY: 20

21 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION 1 # RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Thief River Falls, Minnesota (the "City"), as follows: Recitals. The Internal Revenue Service has issued Treasury Regulations, Section (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Administrator to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as 21

22 applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. Reimbursement Allocations. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. 22

23 EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting Administrator of the City of Thief River Falls, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalfofthe City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Thief River Falls City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be fmanced: 2014 STREET & UTILITIES IMPROVEMENTS PROJECT The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $800,000 is the maximum principal amount ofthe Bonds which will be issued to finance the Project. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section (d)(3) of the Regulations. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Presented at the October 7, 2014 Council Meeting Introduced by: Seconded by: Roll Call (if required): Brown _Cullen Dagg Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom Notes:

24 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION 1 #6.as 1 RESOLUTION NO. : APPROVAL OF ELECTION JUDGES FOR THE GENERAL ELECTION 2014 Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember that: RESOLVED, by the City Council, to appoint the following people as Election Judges for the General Election to be held on November 4, 2014: Sheron Stewart Debra Fulton Chris Burnham Valorie Johnson Jan Strandlie Peggy Bergsnev Elna Jean Lendobeja Sharon Russell Opal Dargus Heather Burrier June Swanson Carole Glass Linda Ramsey Donna Koehmstedt Jan Dillon Mary Jo Mugaas BevLunde Theresa Van yo Butch Koehmstedt Ralph Cox Marilyn Wigness Betty Carlson Kathy Olson SusanBuhl Della Burstad Marlene Beedy Dee Wollenzien Lisa LeClaire Cynthia Tomsich Jessica Hodne Melby Laidley Gerry Stocks Mary Cox Judith Reger Olive Goldsberry Paul Brandt Gloria Peterson Deb Jacobson Tim Olson Larissa Fitzgerald BE IT FURTHER RESOLVED, that the City Clerk shall appoint substitutions ofthe approved election judges as necessary. Presented at the October 7, 2014 Council Meeting Introduced by: Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom Notes:

25 City of Thief River Falls ELECTRIC DEPARTMENT # 7.01 HISTORIC SOO LINE R.R DEPOT 405 Third Street East. P.O. Box 528 Thief River Falls, MN PHONE: bfoiland@citytrf.net Request for Council Action DATE: October 7, 2014 SUBJECT: Employment of Michelle Paulson, Billing Clerk RECOMMENDATION: It is respectfully requested the Council consider the following: MOTION TO: To approve the employment of Michelle Paulson as a Billing Clerk. Ms. Paulson shall begin employment on October 8, 2014 at Step 3 of the Grade Level4 Billing Clerk salary schedule, for a starting salary of$18.94 per hour. BACKGROUND: The position of Billing Clerk was vacated following the internal transfer of Jennifer Davis to the position of Community Services Secretary. The position was opened to the public for filling. Fifteen applications were received and five applicants were interviewed, with Ms. Paulson being chosen as the successful applicant. Key Issues: Will fill a vacant position in the Billing Office Financial Considerations: The position is budgeted for a full-time Billing Clerk. Legal Considerations: None. Department/Responsible Person: Barry Froiland, Billing Office/MIS Director Reviewed by:lrk 25

26 CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION 1 #7.01 RESOLUTION NO.: APPROVAL OF EMPLOYMENT OF MICHELLE PAULSON AS BILLING CLERK The City Council reviewed the recommendation for hiring a Utility Billing Clerk. Following discussion, Councilmember introduced Resolution No., being seconded by Councilmember that: WHEREAS, the position of Billing Clerk was vacated following the internal transfer of Jennifer Davis to the position of Community Services Secretary. The position was opened to the public for filling. Fifteen applications were received and five applicants were interviewed, with Ms. Paulson being chosen as the successful applicant. THEREFORE, BE IT RESOLVED, by the City Council, to approve the employment of Michelle Paulson as Billing Clerk. Ms. Paulson shall begin employment on October 8, 2014 at Step 3 ofthe Grade Level4 Billing Clerk salary schedule, for a starting salary of $18.94 per hour. Presented at the October 7, 2014 Council Meeting Introduced by: Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _Schmalz_Sollom Notes:

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