April 16, 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, Haj, Kajewski, Sollom and Schmalz. Hahn was absent. Dagg chaired the meeting. APPROVAL OF AGENDA Councilmember Cullen motioned, being seconded by Councilmember Kajewski, to approve the agenda. 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 April 2, 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 $864, A printout of the approved payments and disbursements is attached hereto and made a part hereof. RESOLUTION NO : APPROVAL OF PROGRESSION RAISE FOR SCOTT MEKASH, PATROL OFFICER No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to accept a Public Safety Committee recommendation and grant Scott MeKash, Patrol Officer, a progression raise. Mr. MeKash shall progress to Step 3 of the Grade Level 6 LELS salary schedule, for a new hourly wage of $24.43 per hour, effective April 11, RESOLUTION NO : APPROVAL OF PROGRESSION RAISE TO JENNIFER NELSON, ADMINISTRATIVE SERVICES ASSISTANT

2 Page 2 of 13 No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation and grant Jennifer Nelson, Administrative Services Assistant, a progression raise. Ms. Nelson shall progress to Step 4 of the Grade Level 3 Non- Union salary schedule for new hourly salary of $19.89, effective April 19, RESOLUTION NO : APPROVAL OF BEER IN THE PARK PERMIT FOR JOHN KINSMAN No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to grant John Kinsman a Beer in the Park Permit, effective May 26, 2013 from 12:00 p.m. to 6:00 p.m. at Oakland Park to allow for the consumption of 3.2% malt liquor in the park. RESOLUTION NO : APPROVAL TO ACCEPT LOW BID FROM MIDWAY FORD FOR THE PURCHASE OF ¾ TON TRUCK FOR THE ELECTRIC DEPARTMENT No , being seconded by Councilmember Kajewski, that: WHEREAS, the following low bids were received for the purchase of ¾ ton truck for the Electric Department Midway Ford $26, Thief River Ford $26, Nelson Auto $26, Northern Motors $27, Westside Motors $27, THEREFORE, BE IT RESOLVED, by the City Council, to accept a Utilities Committee recommendation to accept the low bid of Midway Ford and authorize the purchase of a 2013 Ford 250 ¾ ton pickup in the amount of $26,

3 Page 3 of 13 RESOLUTION NO : APPROVAL TO CALL FOR BIDS FOR THE INSTALLATION OF 750 MCM PRIMARY CABLE FROM ANDERSON SUBSTATION TO THE SANFORD MEDICAL FACILITY No , being seconded by Councilmember Kajewski, that: BE IT RESOLVED, that the City Council, accept a Public Utilities Committee recommendation to call for bids for the installation of 750 MCM primary cable from Anderson Substation to the Sanford Medical facility. RESOLUTION NO : APPROVAL TO AMEND THE ELECTRIC UTILITY BUDGET FOR TWO TEMPORARY APPRENTICE LINE WORKERS No , being seconded by Councilmember Kajewski, that: BE IT RESOLVED, by the City Council, to accept a Utilities Committee recommendation to amend the Electric Utility budget to reflect a $36,000 wage and $3,000 social security and Medicare expense for two temporary apprentice line workers for up to 1,000 hours and maximum of six months each at $18 per hour. RESOLUTION NO : APPROVAL OF DECLARATION OF CITY SURPLUS PROPERTY No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to accept a Parks and Recreation/Public Safety Committee recommendation to declare as surplus property and to authorize their sale through online auction or to be sold as scrap: Parks and Recreation Department Annie Park Playground equipment Southtown Park Playground equipment 1984 Chevy 1 ton Flatbed 1986 Dodge pickup 1990 Chevy Pickup 1992 Dodge Pickup

4 Page 4 of Zamboni Line Painter Caster Wheels Trimmer Mowers X2 Push Mower TORO 224 TORO 345 John Deere 140 lawn tractor ATV Tires Fire Department Unit #79 Fire Truck RESOLUTION NO : APPROVAL OF 2013 STREET AND UTILITIES IMPROVEMENT PROJECT SCHEDULE B PLANS AND SPECIFICATIONS AND CALLING FOR BIDS No , being seconded by Councilmember Kajewski, 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: Schedule B 1. Sanford Hospital Sanitary Sewer, Lift Station and Force Main 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 23, 2013 at 2:00 p.m.

5 Page 5 of 13 by the City Administrator and the Engineering Services Director. They shall present their recommendation to the City Council on June 4, 2013 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 OF QUOTE FROM JADCORE, INC. FOR PLASTIC REFUSE BAGS No , being seconded by Councilmember Kajewski, that: WHEREAS, quotes were solicited for the annual purchase of plastic refuse bags. THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation for the low quote submitted by Jadcore, Inc. for the purchase of plastic refuse bags in the total amount of $25,891. RESOLUTION NO : APPROVAL OF 2012 BUDGET ADJUSTMENTS No , being seconded by Councilmember Kajewski, that: RESOLVED, by the City Council, to accept the Administrative Services Committee recommendation to adjust the following General Fund revenue and expenditure budget accounts to reflect actions taken, or not taken, by the City Council on major unbudgeted items in 2012: The following represents a summary of revenue and expenditure budgets that should be adjusted to reflect major changes to the 2012 budgets. Adopted 2012 General Fund Transfer to Reserves $ 7,755 Acknowledge Donations Park & Rec Barbecue Grill The City received a donation from the Ole & Ruth Tweet Family Fund through the Northwest Minnesota Foundation of $500 to be used for a barbecue grill for the Parks & Rec department.

6 Page 6 of Private Donations $ Parks & Rec Small Tools & Minor Equipment $ (500) Norwegian Flags/Poles The City received a donation from the Beito Foundation to purchase Norwegian flags and poles for display during Norwegian Heritage Week Private Donations $ 1, Mayor & Council Misc. Operating Supplies $ (1,200) Pharmacy Drop Box The City received donations from the TRF Rotary Club to purchase a pharmacy drop box to be located at the Law Enforcement Center Private Donations $ 1, Police Department Small Tools & Minor Equipment $ (1,300) Lion s Park Restroom The City received donations from the Ole & Ruth Tweet Family Fund through the Northwest Minnesota Family Fund ($5,000) and the Noper Charitable Trust ($3,000) to assist with the construction of the Lion s Park restroom facility Private Donations $ 8, General Admin Civic Events $ (8,000) Defibrillator The City received a donation from the Greater Northwest EMS for the purchase of a defibrillator for the Police Department Private Donations $ 1, Police Small Tools & Minor Equipment $ (1,000) Portable Radios/Pagers The City received donations from Enbridge Energy ($1,000) and Red Lake Electric ($1,200) for the purchase of portable radios/pagers for the Fire Department Private Donations $ 2, Fire Small Tools & Minor Equipment $ (2,200) Trail System The City received a donation from the Noper Foundation for the expansion of the trail system in the City of Thief River Falls. The City began the design phase of a portion of the trails to be competed in 2013, so funds were expended. There is $12,000 in Assigned Fund Balance for the expenditure of these funds Private Donations $ 3,000

7 Page 7 of Park & Rec Improvements Other than Buildings $ (7,414) Community Wellness Center Feasibility Study The City Council took action on April 17, 2012 to expend general fund reserves to pay for a Community Wellness Center Market Study and Feasibility Analysis. The fee proposal will not exceed $30,000 and expenditures for 2012 are $8, General Admin Civic Events $ (8,650) Scandinavian Festival The City received a grant from the Northwest Minnesota Arts Council in 2011 for the purchase of portable dance floor and a portion of the grant ($2,060) was set aside for expenditure in 2012 to assist with the entertainment costs of a Scandinavian Festival as part of the Pennington County Fair. The City s required matching funds ($1,070) for the grant will be offset by the operating transfer planned for the Greenwood Street Underpass project General Admin Civic Events $ (3,130) General Admin Operating Transfer $ 1,070 Sale of Southtown Properties/Develop lots The City developed lots located in Southtown for future sale. Some of the lots sold in 2012 and expenditures were incurred as part of the 2012 Street & Utility Improvement project. The City will use Assigned Park Fund Balance to pay for these expenditures and the funds will be replenished as additional lots are sold Property Sales $ 5, Parks & Recreation Contracts $(44,200) 2012 Salary Settlements The City settled contract negotiations with the various labor unions after the adoption of the final budgets. The intent of the Council was to offset the operating transfer planned for the Greenwood Street Underpass project for the amount of the 2012 salary settlements. Various Salary/Payroll Tax Accounts $ 68, General Admin Operating Transfer $(68,385) City Administrator Search Expenditures The City contracted with Springsted Incorporated on August 7, 2012 to assist in filling the city administrator position. The City Council also agreed to reimburse for travel expenses for interviewed candidates. The operating transfer for the Greenwood Street Underpass project will be adjusted for these additional expenditures City Administrator Contracts $ 17, City Administrator Travel, Conference, & School $ 1, General Admin Operating Transfer $(19,550)

8 Page 8 of 13 Heritage Community Center The City took action on April 17, 2012 to provide additional funding for the Heritage Community Center in The operating transfer for the Greenwood Street Underpass project will be adjusted for this additional expenditure General Admin Senior Citizen Program $ 1, General Admin Operating Transfer $ (1,760) Parks & Recreation Restructuring/Parks & Recreation Director Retirement The City restructured the administration of the Parks & Recreation Department with the retirement of the Parks & Recreation Director. The restructuring savings for 2012 equaled $40,770 and the severance payment for the retiring Parks & Recreation Director was $46,770. The operating transfer for the Greenwood Street Underpass will be adjusted for the balance of these expenditures. Various Parks & Rec/Arenas Salary & Benefit accounts $(40,770) Parks & Rec Severance Pay $ 46, General Admin Operating Transfer $ (6,000) Adjusted 2012 General Fund Transfer from Reserves $(46,269) RESOLUTION NO : RESOLUTION PERTAINING TO PHOSPHORUS AND NITROGEN LIMITS IN THE LAKE WINNIPEG, MANITOBA, CANADA WATERSHED Wayne Johnson, Water Systems Superintendent, presented a Public Utilities Committee recommendation. Following discussion, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, the governments of the United States and Canada entered into a Treaty Between the United States and Great Britain Relating to Boundary Waters, and Questions Arising Between the United States and Canada in 1909 (the 1909 Treaty ) pertaining to among other matters the water quality of Lake Winnipeg in Manitoba, Canada; and WHEREAS, it is recognized that Lake Winnipeg receives excess loadings of nutrients, including phosphorus and nitrogen, that interfere with Canadians desired uses of the lake; and WHEREAS, the International Joint Commission, the Province of Manitoba, and nongovernmental organizations have studied water quality in Lake Winnipeg for decades, but neither the government of the United States or nor that of Canada, as parties to

9 Page 9 of 13 the 1909 Treaty, have prescribed effluent limits for phosphorus or nitrogen for point sources in Minnesota; and WHEREAS, the City of Thief River Falls owns and operates a wastewater treatment facility that discharges treated wastewater to the Red River of the North, which in turn empties into Lake Winnipeg; and WHEREAS, this wastewater treatment facility operates under a permit issued by the Minnesota Pollution Control Agency (MPCA), pursuant to authority delegated to it by the U.S. Environmental Protection Agency (USEPA) under the Clean Water Act; and WHEREAS, the MPCA has proposed phosphorus effluents of one part per million (1.0 mg/l) in the draft permits for the Cities of Moorhead and Breckenridge, who also discharge to the Red River of the North, based on the 1909 Treaty and not on the Clean Water Act or any other federal or state statute or regulation; and WHEREAS, the City of Thief River Falls, as a point source discharger to the Red River Basin, stands at risk of being assigned a similar phosphorus effluent limit despite the lack of data to quantify how much of the phosphorus load reaching Lake Winnipeg, if any, is attributable to the City s discharge of treated wastewater. NOW THEREFORE BE IT RESOLVED THAT: The City of Thief River Falls stands in support of the proposition that phosphorus effluent limits in wastewater treatment permits should be based on accurate data and a solid legal foundation. FURTHERMORE, the City of Thief River Falls calls upon the MPCA to request that the governments of the United States and Canada, and the International Joint Commission, develop a nutrient budget for Lake Winnipeg that honors the terms and spirit of the 1909 Treaty and will enable Canadians to use Lake Winnipeg for its desired purposes. FURTHERMORE, the City of Thief River Falls calls upon the MPCA to request that the USEPA translate the results of said nutrient budget into effluent limits for phosphorus and nitrogen for point sources located in the United States that accurately reflect the point sources relative contributions to the aforementioned nutrient budget. FURTHERMORE, the City of Thief River Falls calls upon the MPCA to defer the imposition of effluent limits for phosphorus and nitrogen in the permits of point sources in Minnesota, based solely on nutrient impairment in Lake Winnipeg and/or the 1909 Treaty, unless and until the aforementioned nutrient budget and effluent limits have been developed.

10 Page 10 of 13 RESOLUTION NO : APPROVAL TO EXTEND CONTRACT FOR CLEANING SERVICES FOR THE PUBLIC LIBRARY A Public Utilities Committee recommendation was presented. Following discussion, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Kajewski, that: WHEREAS, pursuant to Resolution No the City of Thief River Falls previously accepted the bid of Sundby Cleaning for cleaning services at the Public Library; and WHEREAS, the City would like to extend the contract for the remainder of 2013; and WHEREAS, Sundby s have agreed to a reduction of $280/month to $595 for a three day/week option. THEREFORE, BE IT RESOLVED, by the City Council, to accept a Public Works Committee recommendation to extend the contract of Sundby Cleaning for cleaning services for the month of May at the Public Library in the amount of $595/month with the latitude on as-needed basis to determine if three days or five days are needed in the summer months. BE IT FURTHER RESOLVED, to amend the 2013 budget in the amount of $5,400 with funds coming from General Fund budget contingency account. Council member Brown questioned the need for contracting someone from the outside to clean the library and asked for more information. Engineering Services Director Borseth stated that it takes 3 hours a day to clean the library and 3 hours a day to clean the Depot, leaving only 2 hours a day to perform building and grounds maintenance. Borseth stated the cleaning contract has been going very well at the Library. Borseth went on to say that two employees were performing these services before and one retired and was not replaced. In addition to performing those duties with only one person, snow removal at City building was an added task. Borseth stated the Maintenance person is currently helping with removal of the HVAC system at the Library. Planned duties for the summer include painting some of the HDR Building, and additional painting and staining at the Depot. Borseth stated there is always plenty of ongoing maintenance to keep one person busy. After much discussion it was agreed that Borseth should track work performed and bring this issue back to the Council thirty to ninety days.

11 Page 11 of 13 Motion by Sollom, seconded by Cullen to amend the resolution to extend the Library Cleaning Contract for up to thirty days and to report back to Committee and Council on work load findings. Motion to amend carried, with Brown voting no. RESOLUTION NO : APPROVAL TO FORWARD THE SCHOLARSHIP ENTRY SUBMITTED BY SAM TWISTOL TO THE MINNESOTA MUNICIPAL UTILITIES ASSOCIATION STATEWIDE SCHOLARSHIP PROGRAM A Public Utilities Committee recommendation was presented. Following discussion, Councilmember Cullen introduced Resolution No , being seconded by Councilmember Kajewski, that: BE IT RESOLVED, by the City Council, to accept a Utilities Committee recommendation to forward the scholarship entry submitted by Sam Twistol to the Minnesota municipal utilities association statewide scholarship program. RESOLUTION NO : RESOLUTION AUTHORIZING FILLING PATROL OFFICER VACANCY A Public Safety Committee recommendation was presented. Following discussion, Councilmember Haj introduced Resolution No , being seconded by Councilmember Cullen, that: WHEREAS, the Public Safety Committee has reviewed a request to fill a vacant position in the Police Department for a patrolman; and, WHEREAS, it has been determined that there is a need to fill the position. THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Safety Committee recommendation and authorize that the City begin the process to hire a patrol officer in the Police Department. AMEND THE CITY CODE NO (C) CONDITIONAL USES Community Development Director Mike Moore reviewed the historical Conditional Use changes made to the City Code over the past twenty-three years. Moore reviewed the October 1993 Planning Commission Minutes and a history of Church development since On October 25, 1993 the Planning Commission recommended removing Churches as a conditional use and on December 3, 1993 City Council removes Churches as a Conditional Use. Since that time, Churches have not been allowed in Agricultural and General Business District.

12 Page 12 of 13 Moore stated that Churches are discouraged from locating on busy highway commercial districts because of the significant amount of public investment in those corridors. Property tax revenue is needed to pay for that public investment. After reviewing all of the history, the Planning Commission is recommending allowing Churches as a conditional use in General Business District. After much discussion, City Attorney Ihle recommended that staff develop factors and bring them back to the next City Council meeting. Motion by Haj, seconded by Cullen to table the City Code change regarding adding churches as a Conditional Use until the May 7 th City Council meeting. Motion carried unanimously. CITY COUNCIL COMMITTEE REPORTS Utilities Committee Larry Kruse Parks and Recreation/Public Safety Committee Joseph Haj Public Works Committee Joseph Haj Administrative Services Committee Ken Schmalz UPCOMING MEETINGS/EVENTS 1 ST Annual Thief River Falls Community Expo April 25, 2013 from 4:00 p.m. to 7:00 p.m. at the Ralph Engelstad Arena. City/School Board Joint Meeting April 29, 2013 at 5:00 p.m. in the Council Chambers. Spring Clean-Up Day Saturday, May 4, City Council Meeting May 7, 2013 at 5:00 p.m. Utilities Committee Meeting May 13, 2013 at 4:30 p.m. Parks & Recreation/Public Safety Committee Meeting May 14, 2013 at 4:30 p.m. Public Works Committee Meeting May 15, 2013 at 4:30 p.m. Administrative Services Committee Meeting May 16, 2013 at 4:30 p.m. City Council Meeting May 21, 2013 at 5:00 p.m. Spring Clean-up Day Saturday, May 4, INFORMATIONAL ITEMS Investment Summary dated 03/31/2013 ADJOURNMENT

13 Page 13 of 13 There being no further discussion, Councilmember Sollom moved, being seconded by Councilmember Schmalz, to adjourn the meeting at 6:45 p.m. On vote being taken, the Chair declared the motion unanimously carried and the meeting adjourned. Jim Dagg, Mayor Attest: Larry Kruse, City Administrator