COUNCIL PROCEEDINGS JANUARY 5, 2016

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1 COUNCIL PROCEEDINGS JANUARY 5, 2016 The City Council of Thief River Falls, Minnesota, met in regular session at 5:30 p.m. on January 5, 2016 in the Council Chambers of City Hall. The following Councilmembers were present: Holmer, Howe, Narverud, Schmalz, Sollom, Prudhomme, Hagen and Brown. No Councilmembers were absent. Holmer chaired the meeting. APPROVAL OF AGENDA Councilmember Howe motioned, being seconded by Councilmember Narverud, to approve the agenda with the addition of four items to the agenda. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL TO REAPPOINT WIDSETH SMITH NOLTING AS CITY ENGINEERING FIRM AND RICH CLAUSON AS ENGINEER OF RECORD Presented as part of the Consent Agenda, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Schmalz, that: BE IT RESOLVED, by the City Council, to confirm the appointment of Widseth Smith Nolting as the City s Engineering Firm and appoint Rich Clauson as Engineer of Record. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF RENEWAL OF LEASE BETWEEN THE CITY OF THIEF RIVER FALLS AND PENNINGTON COUNTY FOR LEASE OF THE CITY AUDITORIUM GYMNASIUM Presented as part of the Consent Agenda, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Schmalz, that: RESOLVED, by the City Council, to authorize and direct the Mayor and City Administrator to execute the renewal of a lease between the City of Thief River Falls and Pennington County, whereby the City shall lease from Pennington County the gymnasium and office space in the City Auditorium in exchange for in-kind snow removal of specified sidewalks and parking lots. Lease is effective July 1, 2015 through June 30, On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF CERTIFICATION OF UNPAID TREE REMOVAL CHARGES TO PROPERTY OWNERS 2016 PROPERTY TAX Presented as part of the Consent Agenda, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Schmalz, that:

2 Page 2 of 14 WHEREAS, pursuant to Minnesota State Statute , the City may place unpaid tree removal charges due to the City of Thief River Falls onto the owner s property tax statement for collection as a special assessment. THEREFORE, BE IT RESOLVED, by the City Council, to certify the following unpaid tree removal charges to the Pennington County Auditor for collection as part of the owners 2016 property tax statement: ADDRESS PARCEL AMOUNT 1003 LaBree Ave N $2, On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL OF CERTIFICATION OF UNPAID SIDEWALK REPAIR CHARGES TO PROPERTY OWNERS 2016 PROPERTY TAX Presented as part of the Consent Agenda, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Schmalz, that: WHEREAS, pursuant to Minnesota State Statute , the City may place unpaid sidewalk repair charges due to the City of Thief River Falls onto the owner s property tax statement for collection as a special assessment. THEREFORE, BE IT RESOLVED, by the City Council, to certify the following unpaid sidewalk repair charges to the Pennington County Auditor for collection as part of the owners 2016 property tax statement: ADDRESS PARCEL AMOUNT 806 Arnold Ave N $1, RESOLUTION NO : APPROVAL TO WRITE OFF UNCOLLECTIBLE UTILITY ACCOUNTS Presented as part of the Consent Agenda, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Schmalz, that: RESOLVED, by the City Council, to accept a Utilities Committee recommendation to approve write off of the following uncollectible utilities accounts to Bad Debt Expense. Total write off is $52, which amounts to approximately 2/10 of one percent of the $18,300,000 estimated total collections by the Utilities Billing Office for electric, water, wastewater, storm water, and sanitation utilities. It is anticipated that the majority of that will be recovered by the Minnesota Revenue Recapture Program. Efforts shall continue for collection of these accounts.

3 Page 3 of 14 DECEMBER $ $ $ $ $ $ TOTAL $ 1, JANUARY $ $ $ $ TOTAL $ FEBRUARY $ $ $ $ $ $ $ $ $ 1, $ $ $ $ $ $ 1, $ $ TOTAL $ 7, MARCH 2015 APRIL $ $ $ $ $ $ $ $ $ 3, $ $ 5,071.20

4 Page 4 of 14 CREDIT BUREAU $ $ $ TOTAL $ 5, MAY $ $ $ $ $ $ $ TOTAL $ 2, JUNE $ $ $ 1, $ $ 2, $ $ 1, $ 7, CREDIT BUREAU $ $ $ TOTAL $ 7, JULY $ $ $ $ $ $ TOTAL $ 2, AUGUST 2015 NSF $ 8, NSF & in Court TOTAL $ 8, SEPTEMBER $ $ $ $ 1, $

5 Page 5 of $ $ $ $ $ $ $ 4, CREDIT BUREAU $ $ $ $ 1, TOTAL $ 6, OCTOBER $ $ $ $ $ $ $ $ $ $ $ $ 4, CREDIT BUREAU $ $ 1, $ 1, $ 2, MISCELLANEOUS $ $ $ TOTAL $ 6, NOVEMBER $ $ $ $ $ $ $ 1, MISCELLANEOUS $ $ $ TOTAL $ 1, Summary - MN Recapture $ 38, Credit Bureau $ 5,562.34

6 Page 6 of 14 Miscellaneous $ NSF - to Sheriff/Courts $ 8, $ 52, RESOLUTION NO : APPROVAL OF ENERGY IMPROVEMENT LOAN TO HDS PROPERTIES Presented as part of the Consent Agenda, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Schmalz, that: WHEREAS, the Community Development Advisory Board makes recommendation for energy and business loans. The project located at 1541 HWY 59 S Thief River Falls includes improvements to the roof. The building is currently occupied with 2 business rentals on the main level. RESOLVED, by the City Council, to accept a Community Development Advisory Board recommendation authorize the Mayor and City Administrator to sign documents granting a seven year Energy Improvement Loan in the amount of $18,500.00, secured by a mortgage on the property with monthly auto payment from HDS Properties bank. RESOLUTION NO : APPROVAL TO DESIGNATE THE TIMES NEWSPAPER AS THE OFFICIAL NEWSPAPER An annual item of business was presented. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Narverud, that: RESOLVED, by the City Council, to designate The Times as the official newspaper of the City of Thief River Falls. RESOLUTION NO : APPROVAL OF OFFICIAL DEPOSITORIES FOR CITY FUNDS An annual item of business was presented. Following discussion, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Brown, that: RESOLVED, by the City Council, to appoint the following institutions as official depositories for City funds for calendar year 2016: Minnesota Municipal Money Market Fund Border State Bank

7 Page 7 of 14 c/o PMA Financial Network, Inc Highway 59 South 2135 City Gate Lane 7 th Floor Thief River Falls, MN Naperville, IL Piper Jaffray Wells Fargo Bank West, NA 800 Nicollet Mall, Suite Main Avenue North Minneapolis, MN Thief River Falls, MN Northern State Bank Wells Fargo Advisors LLC 201 Third Street East 222 West Superior Street Thief River Falls, MN Duluth, MN RBC Capital Markets LLC 60 South Sixth Street Minneapolis, MN RESOLUTION NO : APPROVAL OF NORTHERN STATE BANK COLLATERAL IN EXCESS OF FDIC INSURANCE FOR 2016 An annual item of business was presented. Following discussion, Councilmember Howe introduced Resolution No , being seconded by Councilmember Schmalz, that: RESOLVED, by the City Council, to approve an agreement with Northern State Bank for collateral in excess of the FDIC Insurance of $250,000 per account for BE IT FURTHER RESOLVED, to authorize the City Administrator to execute any and all documents necessary relating to this agreement. RESOLUTION NO : REAFFIRMING CITY S DECISION NOT TO WAIVE THE MONETARY LIMIT OF MUNICIPAL TORT LIABILITY ESTABLISHED BY MN STATUTE An annual item of business was presented. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Howe, that: WHEREAS, because the City of Thief River Falls obtains its liability coverage from the League of Minnesota Cities Insurance Trust, the City must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. THEREFORE, BE IT RESOLVED, by the City Council to reaffirm Resolution No , and inform the League of Minnesota Cities Insurance Trust that the City of Thief River Falls does not waive the monetary limits on municipal tort liability established

8 Page 8 of 14 by Minnesota Statutes and authorizes the City Administrator to execute any and all documents relating to the action. RESOLUTION NO : APPROVAL OF APPOINTMENT OF PROCESS SERVER FOR 2016 An annual item of business was presented. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Narverud, that: RESOLVED, by the City Council, to appoint the Chief of Police as the process server for calendar year RESOLUTION NO : APPROVAL OF APPOINTMENT OF COUNCILMEMBER KEN SCHMALZ AS ACTING MAYOR IN ABSENCE OF MAYOR HOLMER FOR CALENDAR YEAR 2016 An annual item of business was presented. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Hagen, that: RESOLVED, by the City Council, to appoint Councilmember Ken Schmalz as the Acting Mayor in the absence of Mayor Holmer for calendar year On vote being taken, the resolution was unanimously passed with Schmalz abstaining. RESOLUTION NO : APPROVAL OF CITY COUNCIL COMMITTEE ASSIGNMENTS FOR CALENDAR YEAR 2016 An annual item of business was presented. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Howe, that: RESOLVED, by the City Council, to appoint the following City Council Committees and Committee Members for calendar year 2016: Functional Standing Committees Utilities Holmer Hagen Sollom Prudhomme Parks and Recreation Holmer Howe Hagen Brown

9 Page 9 of 14 Public Works Schmalz Howe Sollom Narverud Administrative Services/Public Safety Schmalz Prudhomme Narverud Brown Crosscutting Ad Hoc Committees Budget/Finance (ad hoc) Holmer Hagen Prudhomme Long Range Planning/Annexation (ad hoc) Holmer Brown Narverud Personnel/Labor (ad hoc) Holmer Brown Schmalz RESOLUTION NO : APPROVAL OF INTERNAL TEAMSTER TRANSFER OF LYNN SKIBICKI, CAD OPERATOR TO POSITION OF POWER PLANT OPERATOR An Internal Transfer was discussed. Following discussion, Councilmember Brown introduced Resolution No , being seconded by Councilmember Schmalz, that: WHEREAS, the City Council authorized to fill the position of Power Plant Operator by Resolution No The position was opened to Teamster #320 employees and Lynn Skibicki submitted his application. The Electric Superintendent, MIS Director/Billing Office Manager, and Human Resources Specialist interviewed Mr. Skibicki and it was determined that he was a qualified candidate for the transfer into the position of Power Plant Operator. THEREFORE, BE IT RESOLVED, Approve the internal Teamster #320 transfer of Lynn Skibicki, CAD Operator, into the position of Power Plant Operator effective January 6, Mr. Skibicki shall remain at his current wage of $25.82 per hour at the time of transfer. After 6 months of satisfactory work and completion of Section 4 education requirements, Mr. Skibicki would be eligible for a mid-point wage increase to top of the Power Plant Operator salary range. After six months from the progression to the mid-

10 Page 10 of 14 point and completion of all required education, he will be eligible for progression to the top step of the Grade Level 5/Pay Range 6 salary. Also, he is required to obtain a Class B MN driver s license within one year of transfer. Mr. Skibicki has 30 days to return back to his former position, as per Union Contract. RESOLUTION NO : APPROVAL OF ORDINANCE NO. 85, 3 RD SERIES, OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING THE GENERAL BUSINESS DISTRICT (C-2) BY ADDING STORAGE FACILITIES AS A PERMITTED USE AND REMOVING THE 35 FOOT BUFFER REQUIREMENT, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS Councilmember Narverud motioned, being seconded by Councilmember Sollom, to call for the second reading of an ordinance amending city code chapter 152 entitled "zoning code" by amending the general business district (c-2) by adding storage facilities as a permitted use and removing the 35 foot buffer requirement, and by adopting by reference city code chapter 10 and section , which, among other things, contain penalty provisions. The motion was unanimously carried. City Attorney Sparby read the proposed ordinance. Councilmember Narverud introduced Resolution No , being seconded by Councilmember Brown, that: THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS: Section 1. Section (B) is hereby amended to add subparagraph (8) to read as follows: (8) Storage Facilities. Section 2. Section (C) is hereby amended to read as follows: (C) Conditional Uses. (1) Retail and wholesale: agricultural implement dealerships, beer and liquor establishments (on and off sale), lumber yards, manufactured home sales lots, pet and animal shops or clinics, shopping centers, and taxidermists. (2) Commercial services: delivery and express businesses. (3) Publicly-owned recreational camping areas and privately-owned recreational camping areas.

11 Page 11 of 14 (4) Surface water-oriented commercial uses. Section 3. Section (F) is hereby amended delete subparagraph (4). Section 4. City Code Chapter 10 entitled "General Provisions and Section entitled "Violation are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall be in force and effect from and after its passage, approval, and publication. RESOLUTION NO : APPROVAL OF CITY ORGANIZATIONAL CHART An addition to the agenda was discussed, Councilmember Schmalz introduced Resolution No , being seconded by Councilmember Howe, that: WHEREAS, as a result of the resignation of the current City Administrator, the Committee of the Whole met on January 4, 2016 and discussed the organizational structure of the City. Currently, the City Administrator is the immediate supervisor of the Department Heads; and WHEREAS, there is no change to the current City Administrator job description and the Administrator shall continue to plan, organize and direct City affairs to ensure a coordinated and efficient effort to meet the goals and objectives of the City. The City Administrator will serve as the primary liaison between the Council and City staff, developing and recommending City policy to the Council and, in turn, coordinating and disseminating all policies, orders, resolutions, and regulations of the Council to the staff and general public, either directly or through subordinates. THEREFORE, BE IT RESOLVED, by the City Council, to adopt an Organizational Chart of the City of Thief River Falls as recommended by the Committee of the Whole, attached hereto and made a part hereof. It was determined to amend the structure by having the City Council or Council Committee or City Administrator, as delegated by the City Council or Council Committee, to be immediate supervisor of the Department Heads.

12 Page 12 of 14 RESOLUTION NO : APPROVAL OF UPDATE TO JOB DESCRIPTIONS OF DEPARTMENT HEADS TO AMEND IMMEDIATE SUPERVISOR An addition to the agenda was discussed, Councilmember Prudhomme introduced Resolution No , being seconded by Councilmember Hagen, that: WHEREAS, as a result of the resignation of the current City Administrator, the Committee of the Whole met on January 4, 2016 and discussed the organizational structure of the City. Currently, the City Administrator is the immediate supervisor of the Department Heads. THEREFORE, BE IT RESOLVED, by the City Council, to approve a recommendation from the Committee of the Whole to amend the Department Head s immediate supervisor from the City Administrator to the City Council, Council Committee, or City Administrator as delegated by Council or Council Committee. The following job descriptions shall reflect this change: Billing Manager/MIS Director, Chief of Police, Community Services Director, Electric Superintendent, Fire Chief, Liquor Store Manager, Parks and Recreation Director, Street/Sanitation Supervisor, and Water Systems Superintendent. RESOLUTION NO : APPROVAL TO ADVERTISE FOR CITY ADMINISTRATOR An addition to the agenda was discussed, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Hagen, that: BE IT RESOLVED, be the City Council, to approve a recommendation from the Ad- Hoc Labor Committee and the Committee of the Whole to advertise for the position of City Administrator. Applications will be accepted until February 5, 2016 after which time the applications will be reviewed by the City Council. RESOLUTION NO : APPOINTMENT OF ANGELA PHILIPP, FINANCE DIRECTOR, AS INTERIM CITY ADMINISTRATOR An addition to the agenda was discussed, Councilmember Narverud introduced Resolution No , being seconded by Councilmember Schmalz, that: BE IT RESOLVED, by the City Council, to accept the findings of the Ad-Hoc Labor Committee and the Committee of the Whole to approve the appointment of Angela Philipp, Finance Director, as the Interim City Administrator, effective January 1, 2016.

13 Page 13 of 14 Salary shall be the mid-point between the two positions, which for 2016 equals an increase in salary for Ms. Philipps in the amount of $1,124 per month. This appointment shall be effective until revoked by the City Council. It should be noted that this appointment is not expected to be more than 2-3 months, after which time if no City Administrator is employed, that the Council may look at the employment of an outside Interim City Administrator. RESOLUTION NO : APPROVAL OF TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE EXTENSION TO OUTSIDE AREA FOR EAGLES CLUB An addition to the agenda was discussed, Councilmember Howe introduced Resolution No , being seconded by Councilmember Sollom, that: RESOLVED, by the City Council, to approve a temporary extension of the Eagles Club On-Sale Intoxicating Liquor License to an outside fenced off designated area effective January 15 th 17 th from 11 a.m. until 10:00 p.m. each day. RESOLUTION NO : APPROVAL OF COUNCIL PROCEEDINGS Removed from the Consent Agenda, Councilmember Brown introduced Resolution No , being seconded by Councilmember Narverud, that: RESOLVED, by the City Council, to approve December 15, 2015 Council Proceedings. On vote being taken, the motion was unanimously approved. RESOLUTION NO : APPROVAL TO REVISE RESOLUTION NO APPROVAL OF ENERGY IMPROVEMENT LOAN TO LEANN NELSON DIAMONDS AND DESIGNS After discussion on Resolution No , Councilmember Brown introduced Resolution No , being seconded by Councilmember Prudhomme, that: WHEREAS, the Community Development Advisory Board makes recommendations for energy and business loans. The project located at 207 LaBree Avenue N, Thief River Falls includes a new heating, insulation, new roof and window replacement. The building is currently occupied with retail on the main level and apartments on the second level.

14 Page 14 of 14 RESOLVED, by the City Council, to accept a Community Development Advisory Board recommendation authorize the Mayor and City Administrator to sign documents granting a seven year Energy Improvement Loan in the amount of $72,826, secured by a mortgage on the property with monthly auto payment from the Mrs. Nelson s bank. On vote being taken, the motion was unanimously approved with Sollom abstaining. UPCOMING MEETINGS/EVENTS Utilities Committee Meeting January 11 th at 4:30 p.m. Parks & Recreation Committee Meeting January 12 th at 4:30 p.m. Public Works Committee Meeting January 13 th at 4:30 p.m. Administrative Services/Public Safety Committee Meeting January 14 th at 4:30 p.m. City Council Meeting January 19 th at 5:30 p.m. Crookston City Council January 20 th at the Crookston Inn at 6:00 p.m. social/ 7:00 forum ADJOURNMENT There being no further discussion, Councilmember Sollom moved, being seconded by Councilmember Schmalz to adjourn at 5:55 p.m. On vote being taken, the Chair declared the motion unanimously carried. Brian D. Holmer, Mayor Attest: Angela Philipp, Interim City Administrator