APRIL 3, 2012 RESOLUTION NO : APPROVAL OF COUNCIL PROCEEDINGS

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1 COUNCIL PROCEEDINGS APRIL 3, 2012 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: Cullen, Erickson, Holten, Kajewski, Swanson, Schmalz and Mayor Nordhagen. Councilmember Haj was absent. Mayor Nordhagen chaired the meeting. PROCLAMATIONS Arbor Day Proclamation PRESENTATIONS TRForward Dave Doherty presented the Community Wellness Center Market Study and Feasibility Analysis from Ballard-King & Associates LTD and the matter was referred to the Parks and Recreation Committee. APPROVAL OF AGENDA Councilmember Kajewski motioned, being seconded by Councilmember Schmalz, to approve the agenda with the addition of two items. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF COUNCIL PROCEEDINGS Presented as part of the Consent Agenda, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Swanson, that: RESOLVED, by the City Council, to approve the March 20, 2012 Council Proceedings. RESOLUTION NO : APPROVAL OF PAYMENT OF BILLS Presented as part of the Consent Agenda, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Swanson, that: RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of $519, A printout of the approved payments and disbursements is attached hereto and made a part hereof. RESOLUTION NO : APPROVAL OF BEER IN THE PARK PERMIT FOR ALLI- SON BURNS

2 Page 2 of 12 Presented as part of the Consent Agenda, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Swanson, that: RESOLVED, by the City Council, to grant Allison Burns a Beer in the Park Permit, effective June 15, 2012 at Oakland Park to allow for the consumption of 3.2% malt liquor in the park. RESOLUTION NO : APPROVAL OF 2012 STREET AND UTILITIES IMPROVEMENT PROJECT PLANS AND SPECIFICATIONS AND CALLING FOR BIDS Mark Borseth, Engineering Services Director, presented a recommendation. Following discussion, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Swanson, that: WHEREAS, pursuant to Resolution No , Widseth, Smith, and Nolting and the City s Engineering Services Director have prepared plans and specifications for the following improvements: 1) Oak Avenue North Street Improvements; 2) Oak Avenue, Cartway Drive and Sunrise Court Resurfacing; 3a) Tindolph Avenue Water Main Replacement; 3b) 3 rd Street Water Main Replacement; 4) Knight Avenue Street Sanitary Sewer Replacement; 5) Noreen s First Addition Street Improvements; 6) Eleventh Street Sanitary Sewer Replacement; 7) Miscellaneous Water System Improvements; and 8) Alice Drive Street and Utilities Improvements. AND WHEREAS, they have presented such plans and specifications to the City Council for approval. THEREFORE, BE IT RESOLVED, by the City Council, that: 1) Such plans and specifications, a copy of which is on file in the Office of the City Administrator, are hereby approved; and, 2) The City Administrator shall prepare and cause to be published in The Times newspaper an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be publicly opened, tabulated, and the responsibility of the bidders will be considered in the Council Chambers of City Hall on May 10, 2012 at 2:00 p.m. by the City Administrator and the Engineering Services Director. They shall

3 Page 3 of 12 present their recommendation to the City Council on May 15, 2012 at 5:00 p.m. in the Council Chambers of City Hall, at which time the City Council may act upon the recommendation. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier s check, bid bond, or certified check payable to the City Administrator for five percent of the amount of such bid. RESOLUTION NO : APPROVAL TO WRITE OFF UNCOLLECTIBLE UTILITY ACCOUNT AND CERTIFY TO PENNINGTON COUNTY AUDITOR The City Council reviewed a utility billing office recommendation. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Kajewski, that: RESOLVED, that the following account shall have the unpaid charges certified to the property owner s property tax, as authorized by law: $3, Atlantic Ave N Original Townsite of Thief River Falls Lots 5 thru 8 and S. 15 feet of Lot 9 Block 33 RESOLUTION NO : APPROVAL OF FUEL PREPAY OPTION WITH FARMERS UNION OIL (CENEX) Dale Narlock, Electric Superintendent, presented a recommendation. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, quotes were obtained from Farmers Union Oil (Cenex) of Thief River Falls, Cooperative Oil Association of Middle River and Northern Propane & Fuel of St. Hilaire for the purchase of fuel. THEREFORE, BE IT RESOLVED, by the City Council, to accept a Public Utilities Committee recommendation to authorize the City Administrator to execute an agreement with Farmers Union Oil (Cenex) for 15,000 gallons of fuel at $3.19 per gallon.

4 Page 4 of 12 FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 152 OF CITY CODE: ZONING CODE RELATING TO VARIANCES Councilmember Cullen motioned, being seconded by Councilmember Swanson, to call for the first reading of an ordinance that will amend City Code Chapter 152 relating to variances. The motion was unanimously carried. City Attorney Ihle read the proposed ordinance. No action was taken at this time and this ordinance will again be presented at the next council meeting. RESOLUTION NO : APPROVAL OF SUBORDINATION AGREEMENT WITH KRISTINE A. ELLIOT AND TROY D. GEORGESON The City Council reviewed a subordination agreement. Following discussion, Councilmember Schamlz introduced Resolution No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, that the City hereby agrees to subordinate its position on a slow second mortgage issued by the City of Thief River Falls to Kristine A. Elliot and Troy D. Georgeson to Ramsey National Bank on property legally described as Lot Ten, Block One, Oakland Park Third Addition, Thief River Falls, MN. RESOLUTION NO : AUTHORIZING APPLICATION FOR SMALL CITIES HOUSING REHABILITATION GRANT FUNDS Mike Moore, Community Development Director, presented a recommendation. Following discussion, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, the City of Thief River Falls will act as the legal sponsor for the project application entitled Thief River Falls Housing Rehab Project which will be submitted on April 12, 2012 to the Minnesota Department of Trade and Economic Development s Minnesota Small Cities Development Program in the amount of $576, BE IT RESOLVED that the Mayor and the City Administrator are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Thief River Falls. BE IT FURTHER RESOLVED that the City of Thief River Falls has the legal authority to apply for financial assistance, and the institutional, managerial and finan-

5 Page 5 of 12 cial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Thief River Falls has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTER RESOLVED that upon approval of its application by the State, the City of Thief River Falls may enter into an agreement with the State of Minnesota for the approved project, and that the City of Thief River Falls certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. NOW, THEREFORE BE IT RESOLVED that the Mayor and the City Administrator, or their successors in office, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the project on behalf of the Applicant. RESOLUTION NO : APPROVAL OF THE DISTRIBUTION OF THE SANFORD EAW FOR COMMENT Mike Moore, Community Development Director, presented a recommendation. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Swanson, that: WHEREAS, the Sanford Health Development EAW has been reviewed by appropriate City staff and based upon that review is deemed ready for distribution based on the Minnesota Administrative Rules , Publication and Distribution of an EAW, and WHEREAS, the Thief River Falls City Council agrees with that determination. THEREFORE, BE IT RESOLVED, by the City Council to approve the distribution of the Sanford Health Development EAW. RESOLUTION NO : APPROVAL OF QUOTE FROM JADCORE, INC. FOR PLASTIC REFUSE BAGS Randy Konickson, Streets/Sanitation Supervisor, presented a recommendation. Following discussion, Councilmember Erickson introduced Resolution No , being seconded by Councilmember Schmalz, that:

6 Page 6 of 12 WHEREAS, quotes were solicited for the annual purchase of plastic refuse bags; and WHEREAS, quotes were opened and tabulated on March 29, 2011 at 2:00 p.m. at City Hall. THEREFORE, BE IT RESOLVED, by the City Council, to accept the low quote submitted by Jadcore, Inc. for the purchase of plastic refuse bags in the total amount of $24, One other quote was received from DYNA-PAK, Corp. in the amount of $24, BE IT FURTHER RESOLVED, to accept the only quote submitted for 4,000 bags in rolls of 50 in the amount of $ from DYNA-PAK. FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF CITY CODE: CITY STANDARDS (WARD BOUNDARIES) Councilmember Cullen motioned, being seconded by Councilmember Schmalz, to call for the first reading of an ordinance amending City Code Chapter 11 regarding ward boundaries. The motion was unanimously carried. City Administrator Torkelson read the proposed ordinance. RESOLUTION NO : APPROVAL OF AN ORDINANCE OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 11 ENTITLED CITY STANDARDS (WARD BOUNDARIES) BY AMENDING WARD BOUNDARIES. Following the reading of the ordinance by City Administrator Torkelson, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Cullen, that: THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS: WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14, subd.3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Thief River Falls, County of Pennington, State of Minnesota hereby establishes the boundaries of the voting precincts and polling places as follows:

7 Page 7 of 12 Section Entitled WARD BOUNDARIES, is hereby amended to read: CHAPTER 11: CITY STANDARDS Section Ward boundaries WARD BOUNDARIES. The Wards shall be limited and bounded hereinafter set forth. WARD 1 (PRECINCT A ): North Boundary: City Limits; East Boundary: City Limits; South Boundary: from the easterly City Limits east on the Red Lake River to the Thief River; West Boundary: From the Thief River north to the City Limits. WARD 1 (PRECINCT B ): North Boundary: City Limits; East Boundary: From the City Limits south on the Thief River to the Red Lake River south to Third Street; South Boundary: From the Red Lake River west on Third Street to Atlantic Avenue, north on Atlantic Avenue to Fourth Street, west on Fourth Street to Main Avenue; West Boundary: From Fourth Street north on Main Avenue to City Limits. WARD 2: North Boundary: City Limits; East Boundary: From the north City Limits south on Main Avenue to Fourth Street and east to Atlantic Avenue and south to Third Street and East to the Red Lake River; South Boundary: At Third Street south on the Red Lake River west on First Street to Brooks Avenue, north on Brooks Avenue to Second Street, west on Second Street to Barzen Avenue, north on Barzen Avenue to Third Street (Hwy 59), west on Third Street (Hwy 59) to the City Limits; West Boundary: City Limits.. WARD 3 (PRECINCT A ): North Boundary: From the westerly City Limits east on Third Street (Hwy 59) to Barzen Avenue, south on Barzen Avenue to Second Street, east on Second Street to Brooks Avenue, South on Brooks Avenue to First Street, east on First Street to Arnold Avenue; East Boundary: From First Street south on Arnold Avenue to Highway 32, west on Highway 32 to Oakland Park Road south to City Limits; South Boundary: City Limits; West Boundary: City Limits. WARD 3 (PRECINCT B ): North Boundary: From Arnold Avenue east on First Street to the Red Lake River; East Boundary: From First Street south on the Red Lake River to Greenwood Street, east on Greenwood Street to the CP Railroad tracks, south on the CP Railroad tracks to the City Limits; South Boundary: City Limits; West Boundary: From City Limits north on Oakland Park Road to Highway 32, east on Highway 32 to Arnold Avenue, north on Arnold Avenue to First Street.

8 Page 8 of 12 WARD 4: North Boundary: From Greenwood Street north and east on the Red Lake River to Merriam Avenue; East Boundary: From the Red Lake River south on Merriam Avenue to Gulf Street, west on Gulf Street to Crocker Avenue, south on Crocker Avenue to Greenwood Street, west on Greenwood Street to Tindolph Avenue, south on Tindolph Avenue to the City Limits; South Boundary: City Limits; West Boundary: City Limits north on CP Railroad tracks to Greenwood Street, west on Greenwood Street to the Red Lake River. WARD 5: North Boundary: From Merriam Avenue east on the Red Lake River to City Limits; East Boundary: City Limits; South Boundary: City Limits; West Boundary: From the south City Limits north on Tindolph Avenue to Greenwood Street, east on Greenwood Street to Crocker Avenue; north on Crocker Avenue to Gulf Street, east on Gulf Street to Merriam Avenue, north on Merriam Avenue to the Red Lake River. Attached to this resolution, for illustrative purposes, is a map showing said precincts and the polling place location. RESOLUTION NO : APPROVAL OF LAW ENFORCEMENT LEASE AGREEMENT AND DISPATCH/ RECORDS AGREEMENT Kim Murphy, Chief of Police, presented a recommendation. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Erickson, that: RESOLVED, by the City Council, to authorize and direct the Mayor and City Administrator to execute a renewal of the Law Enforcement Lease Agreement and Dispatch/Records Agreement effective January 1, 2012 through December 31, The contract will renew with a 2% increase in 2012 and a 2% increase in RESOLUTION NO : ACCEPTANCE OF RESIGNATION OF MICHAEL SCHWANKE, WATER SYSTEMS OPERATOR The City Council reviewed a resignation letter. Following discussion, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Cullen, that: RESOLVED, by the City Council, to accept the resignation of Michael Schwanke, Water Systems Operator, effective immediately.

9 Page 9 of 12 UPCOMING MEETINGS/EVENTS Utilities Committee Meeting April 9, 2012 at 4:30 p.m. Parks and Recreation Committee Meeting April 10, 2012 at 4:30 p.m. Public Works Committee Meeting April 11, 2012 at 4:30 p.m. Board of Appeal and Equalization Meeting April 12, 2012 from 9:00 a.m. to 12:00 p.m. at the Pennington County Board Room Administrative Services Committee Meeting April 12, 2012 at 4:30 p.m. City Council Meeting April 17, 2012 at 5:00 p.m. INFORMATIONAL ITEMS Leaf Vac Started Monday March 26, 2012 Spring Clean Up Day April 21, 2012 from 9:00 a.m. to 1:00 p.m. CLOSE THE MEETING TO DISCUSS POTENTIAL PURCHASE OF PROPERTY Councilmember Cullen motioned being seconded by Councilmember Schmalz to close the meeting at 5:40 p.m. for the purpose of discussing right-of-way acquisition and relocation for the Greenwood Street Underpass. On vote being taken, the motion was unanimously approved. REOPEN THE MEETING AFTER CLOSED SESSION Councilmember Cullen motioned, being seconded by Councilmember Erickson, to reopen the meeting at 6:12 p.m. On vote being taken, the motion was unanimously approved. Mark Borseth, Engineering Services Director, presented the counter offers from the closed session. RESOLUTION NO : APPROVAL TO PURCHASE PROPERTY FROM WARD JR. & SHARON VOTAVA The City Council reviewed information with regard to the City s proposal to purchase property. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Schmalz, that: WHEREAS, the City wishes to purchase property described as Parcel Number owned by Ward Jr. and Sharon Votava; and,

10 Page 10 of 12 WHEREAS, purchase of the property will facilitate the construction of the Greenwood Street Underpass; and, WHEREAS, the City contracted with Wynn Consulting and Tinjum Appraisal Company to acquire the property as required by the Uniformed Relocation Assistance and Real Property Acquisition Policies Act of RESOLVED, by the City Council, to purchase property from Ward Jr. and Sharon Votava in the amount of $30, with conditions outlined in the signed Purchase Offer Reply for Parcel Number RESOLUTION NO : APPROVAL TO PURCHASE PROPERTY FROM CODY WALSETH The City Council reviewed information with regard to the City s proposal to purchase property. Following discussion, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, the City wishes to purchase property described as Part of Parcel Numbers , owned by Cody Walseth; and, WHEREAS, purchase of the property will facilitate the construction of the Greenwood Street Underpass; and, WHEREAS, the City contracted with Wynn Consulting and Tinjum Appraisal Company to acquire the property as required by the Uniformed Relocation Assistance and Real Property Acquisition Policies Act of RESOLVED, by the City Council, to purchase property from Cody Walseth in the amount of $44, with conditions outlined in the signed Purchase Offer Reply for Part of Parcel Numbers , RESOLUTION NO : APPROVAL TO PURCHASE PROPERTY FROM KENNETH & PHYLLIS AARESTAD The City Council reviewed information with regard to the City s proposal to purchase property. Following discussion, Councilmember Erickson introduced Resolution No , being seconded by Councilmember Swanson, that:

11 Page 11 of 12 WHEREAS, the City wishes to purchase property described as Part of Parcel Numbers , owned by Kenneth & Phyllis Aarestad; and, WHEREAS, purchase of the property will facilitate the construction of the Greenwood Street Underpass; and, WHEREAS, the City contracted with Wynn Consulting and Tinjum Appraisal Company to acquire the property as required by the Uniformed Relocation Assistance and Real Property Acquisition Policies Act of RESOLVED, by the City Council, to purchase property from Kenneth & Phyllis Aarestad in the amount of $3, with conditions outlined in the signed Purchase Offer Reply for Part of Parcel Numbers , RESOLUTION NO : APPROVAL TO PURCHASE PROPERTY FROM LESLIE & MARLENE SNETTING The City Council reviewed information with regard to the City s proposal to purchase property. Following discussion, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Cullen, that: WHEREAS, the City wishes to purchase property described as Part of Parcel Number owned by Leslie and Marlene Snetting; and, WHEREAS, purchase of the property will facilitate the construction of the Greenwood Street Underpass; and, WHEREAS, the City contracted with Wynn Consulting and Tinjum Appraisal Company to acquire the property as required by the Uniformed Relocation Assistance and Real Property Acquisition Policies Act of RESOLVED, by the City Council, to purchase property from Leslie and Marlene Snetting in the amount of $13, with conditions outlined in the signed Purchase Offer Reply for Part of Parcel Number RESOLUTION NO : APPROVAL TO PURCHASE AND SET UP A MANUFACTURED HOME ALONG WITH MOVING EXPENSES

12 Page 12 of 12 The City Council reviewed information with regard to the City s proposed relocation of Rodney and Anissa Boutain. Following discussion, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Cullen, that: WHEREAS, the City wishes to purchase and set up a manufactured home at 104 Lindstrom Avenue North, Goodridge, MN to relocate Rodney and Anissa Boutain; and, WHEREAS, relocation of Rodney and Anissa Boutain is required to facilitate the construction of the Greenwood Street Underpass; and, WHEREAS, the City contracted with Wynn Consulting to relocate Rodney and Anissa Boutain as required by the Uniformed Relocation Assistance and Real Property Acquisition Policies Act of RESOLVED, by the City Council, to purchase a manufactured home from Northwestern Homes for a price of $56,773.83, for pier construction of $3, and moving expenses of $4, for a total of $65, as outlined in the agreement prepared by Wynn Consulting dated and signed by Rodney and Anissa Boutain. 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, the Chair declared the motion unanimously carried and the meeting adjourned until 9:00 a.m. at the Board of Appeal and Equalization Meeting on April 12, 2012 at the Pennington County Board Room. Steve Nordhagen, Mayor Attest: Jodie R. Torkelson, City Administrator