thief river falls city council agenda tuesday-december 2…f0a915c0-82c2-43fc-93ff... · thief...

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THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY- DECEMBER 2, 2014 COUNCIL CHAMBERS CITY HALL - 405 3RD 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 alloUed 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 jive minutes. The City Council will not take official action on items discussed at this time, with the exception of referral to staff or a commiUee, 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. 6.01 Approval ofNovember 18, 2014 Council Proceedings. (page 3-32) 6.02 Approve City of Thief River Falls Bills and Disbursements. (see attachment) 6.03 Approval of Tobacco License to Farmers Union Oil Company Hwy 59 Location. (page 33-34) 6.04 Approval to lend the Thief River Falls Regional Airport Authority $76,600 at 5% interest with annual payment over a 10 year period to be used to Finance their 10% share of the Airport Sewer Project. (page 35-36) 6.05 Resolution Establishing a Public Hearing on Tax Abatements. (page 37-39) 6.06 Approval of Lease with Pete C. Carlson. (page 40-41) 6.07 Approval of Lease with Garret & Mary Reierson. (page 42-43) 6.08 Approval of ACH Origination Agreement with Northern State Bank for Automatic Transactions. (page 44) 6.09 Approval of2015 City Licenses. (page 45-48) 1

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Page 1: THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY-DECEMBER 2…F0A915C0-82C2-43FC-93FF... · thief river falls city council agenda tuesday-december 2, 2014 ... dation to grant todd reed,

THIEF RIVER FALLS CITY COUNCIL AGENDA

TUESDAY- DECEMBER 2, 2014

COUNCIL CHAMBERS CITY HALL - 405 3RD 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 alloUed 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 jive minutes. The City Council will not take official action on items discussed at this time, with the exception of referral to staff or a commiUee, 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.

6.01 Approval ofNovember 18, 2014 Council Proceedings. (page 3-32) 6.02 Approve City of Thief River Falls Bills and Disbursements. (see attachment) 6.03 Approval of Tobacco License to Farmers Union Oil Company Hwy 59 Location.

(page 33-34) 6.04 Approval to lend the Thief River Falls Regional Airport Authority $76,600 at 5%

interest with annual payment over a 10 year period to be used to Finance their 10% share of the Airport Sewer Project. (page 35-36)

6.05 Resolution Establishing a Public Hearing on Tax Abatements. (page 37-39) 6.06 Approval of Lease with Pete C. Carlson. (page 40-41) 6.07 Approval of Lease with Garret & Mary Reierson. (page 42-43) 6.08 Approval of ACH Origination Agreement with Northern State Bank for

Automatic Transactions. (page 44) 6.09 Approval of2015 City Licenses. (page 45-48)

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7. NEW BUSINESS

7.01 Approval of Water and Wastewater Rate Increase Effective with the January 1, 2015 Billing. (page 49-56)

7.02 Approve Rates and Fees Changes Effective January 1, 2015 as part ofthe 2014 Budget Process. (page 57-81)

7.03 Approval to Call for 2015 Street & Utilities Improvement Project Feasibility Report. (page 82-85)

7.04 Adoption of Ordinance No. 71, 3rd Series, of The City ofThiefRiver Falls, Minnesota, amending City Ordinance No. 155, 2nd Series, and City Ordinance No. 69, 3rd Series, Relating to Gas Franchise by Amending City Ordinance No. 155 in its Entirety and by Adopting by Reference City Code Chapter 1 0, which, among other things, contains Penalty Provisions. (page 86-90)

7.05 Declaration of2014 General Election Recount Results. (page 91)

8. COUNCIL BOARDS AND COMMISSIONS REPORTS- Not all boards or commissions will 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.

• Committee Minutes (page 92-99)

9. UPCOMING MEETINGS

9.01 Christmas/Employee Recognition Event- December 5, 2014 9.02 Utilities Committee Meeting- December 8th at 4:30p.m. 9.03 Parks & Recreation/Public Safety Committee Meeting- December 9th at 4:30

p.m. 9.04 Public Works Committee Meeting- December lOth at 4:30p.m. 9.05 Administrative Services Committee Meeting- December 11th at 4:30 p.m. 9.06 Holiday Train- December 14th 9.07 City Council Meeting- December 16th at 5:00p.m.

10. INFORMATIONAL ITEMS

11. TRUTH IN TAXATION- 6:00 P.M.

• Truth in Taxation Presentation by Finance Director Angela Philipp

11.01 Approval of2015 Budget. (page 100) 11.02 Approval of2015 Tax Levy. (page 101-103)

12. 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, 218-681-2943, 48 hours prior to the scheduled meeting.

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COUNCIL PROCEEDINGS

NOVEMBER 18, 2014 1 #6.o1 1

The City Council of Thief River Falls, Minnesota, met in regular session at 5:00p.m. on Novem­ber 18,2014 in the Council Chambers of City Hall. The following Councilmembers were present: Cullen, Dagg, Hahn, Kajewski, Prudhomme, Schmalz, Sollom and Brown. No Councilmembers were absent. Dagg chaired the meeting.

PRESENTATIONS/PROCLAMATIONS/PUBLIC INFO/ANNOUNCEMENTS

• Parks & Recreation Director Joe Amundson presented a reminder of the 20th annual Minnesota Vikings Arctic Blast Snowmobile Rally on Feb 6-8th with an information­al/volunteer meeting Dec 3rd at 6:00p.m.

• Holiday Train is here in Thief River Falls, December 141h- Cider and Cookies will be at the heritage center

• Pennington County Sheltering Fundamentals Exercise December 9th from 9:00a.m. to 3:00 p.m. put on by National Guard

APPROVAL OF AGENDA

Councilmember Kajewski motioned, being seconded by Councilmember Cullen, to approve the agenda. On vote being taken, the motion was unanimously approved.

RESOLUTION NO. 11-259-14: APPROVAL OF COUNCIL PROCEEDINGS

Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No. 11-259-14, being seconded by Councilmember Brown, that:

RESOLVED, by the City Council, to approve November 4, 2014 Council and November 13, 2014 Special Council Proceedings.

On vote being taken, the motion was unanimously approved.

RESOLUTION NO. 11-260-14: APPROVAL OF PAYMENT OF BILLS

Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No. 11-260-14, being seconded by Councilmember Brown, that:

RESOLVED, by the City Council, to authorize payment ofbills and disbursements in the total amount of$812,389.87. A printout ofthe approved payments and disbursements is at­tached hereto and made a part hereof.

On vote being taken, the motion was unanimously approved.

RESOLUTION NO. 11-261-14: RESOLUTION APPROVING PROGRESSION RAISE FOR SCOTT OLSON, WATER SYSTEMS OPERATOR

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Council Proceedings November 18, 2014

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Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No. 11-261-14, being seconded by Councilmember Brown, that:

RESOLVED, by the City Council, to accept a Public Utilities Committee recommendation to grant Scott Olson, Water Systems Operator, a progression raise. Mr. Olson shall pro­gress to Step 5 (top) of the Water Systems Operator salary schedule, for a new hourly wage of $24.58 effective October 30, 2014.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 11-262-14: RESOLUTION APPROVING PROGRESSION RAISE FOR TODD REED, PARKS/ARENAS MAINTENANCE

Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No. 11-262-14, being seconded by Councilmember Brown, that:

RESOLVED, by the City Council, to accept a Parks & Recreation Committee recommen­dation to grant Todd Reed, Parks/Arenas Maintenance, a progression raise. Mr. Reed shall progress to Step 5 of 5 of the Parks/ Arenas Maintenance salary schedule, for a new hourly wage of$23.65 effective November 8, 2014.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 11-263-14: RESOLUTION APPROVING PROGRESSION RAISE FOR AARON JOPPRU, PARKS/ARENAS MAINTENANCE

Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No. 11-263-14, being seconded by Councilmember Brown, that:

RESOLVED, by the City Council, to accept a Parks & Recreation Committee recommen­dation to grant Aaron Joppru, Parks/Arenas Maintenance, a progression raise. Mr. Joppru shall progress to Step 5 of 5 of the Parks/ Arenas Maintenance salary schedule, for a new hourly wage of$23.65 effective November 16,2014.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 11-264-14: APPROVAL TO RECONFIGURE A PORTION OF THE SHIRKEY PROPERTY (FORMERLY FORNEY PROPERTY) FOR THE PURPOSE OF DEVELOPING FIVE RESIDENTIAL SINGLE FAMILY HOME LOTS

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Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No. 11-264-14, being seconded by Councilmember Brown, that:

WHEREAS, the City ofThiefRiver Falls purchased the north 700' of Lot 59 (1.6 acres) in 2000 to construct Sherwood A venue. The east 14 feet of the parcel was dedicated for public right-of-way. The remaining 86' wide parcel held by the city is currently inadequate for de­velopment; and

WHEREAS, the former Forney property, now owned by John and Hannah Shirkey, lies ad­jacent to the city owned parcel. Their property is also inadequate for development because no utilities are available, as the city parcel lies between them and the utilities. Existing utilities are available to serve these reconfigured parcels and were assessed to the properties when installed; and

WHEREAS, the Shirkey's have agreed to team up with the city to reconfigure the parcels into five residential single family home lots. Shirkeys would end up with three lots and the city would end up with two lots. As a result both parties would retain similar acreage after the reconfiguration as before. Water and sewer service lines were stubbed out of Sherwood A venue in 2000; and

WHEREAS, the cost to prepare Certificate of Survey, estimated at $4,500 will be split equally between the Shirkeys and the City, as well as legal fees. The estimated cost for electric utilities is approximately $10,000. Current policy requires the developer to pay 60% of the cost. The developer of each lot will be required to pay an estimated $1 ,200 at the time of hook up. Water and sewer costs have previously been assessed to the properties. No additional connection fees will be charged.

THEREFORE, BE IT RESOLVED, by the City Council, to accept a Planning Commission and Public Works Committee recommendation to approve reconfiguring a portion of the Shirkey property (formerly Forney property) in portions of Lots 57, 58 and 59 ofRustad's Subdvision of Lots 7 & 8 for the purpose of developing five residential single family home lots.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 11-265-14: RESOLUTION AUTHORIZING THE ELECTRIC DEPARTMENT TO BEGIN PROCESS TO FILL THE POSITION OF LINE WORKER AND AMEND JOB DESCRIPTION

Presented as part of the Consent Agenda, Councilmember Kajewski introduced Resolution No. 11-265-14, being seconded by Councilmember Brown, that:

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WHEREAS, a Lineworker position is needed to be filled to ensure successful operation of the Electric Department.

THEREFORE, BE IT RESOLVED, to accept the Public Utilities Committee recommen­dation and authorize the Electric Department to begin process to fill the position of Lin­eworker. The position shall be opened to Teamster Union #320 employees for ten days, and if not filled by that process, the position shall be opened to the public for filling.

BE IT FURTHER RESOLVED, to amend the current Lineworker job description mini­mum qualifications to indicate one year of previous experience versus the current three years.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 11-266-14: RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF GENERAL OBLIGATION BONDS, SERIES 20148

George Eilertson, Northland Securities, presented information as part of the Regular Agenda. Fol­lowing discussion, Councilmember Cullen introduced Resolution No. 11-266-14, being seconded by Councilmember Hahn, that:

BE IT RESOLVED by the City Council, City of Thief River Falls, Minnesota (the "City"), as follows:

SECTION 1. AUTHORIZATION AND SALE.

1.01. Authorization. This City Council, by resolution duly adopted on October 21, 2014 authorized the issuance and sale of its $810,000 General Obligation Bonds, Series 2014B (the "Bonds"), pursuant to Minnesota Statutes, Section 444.075 and Chapters 429 and 475.

The portion of the Bonds ($685,000) that is being issued pursuant to Minnesota Statutes, Chapters 429 and 4 75 (the "Improvement Bonds") will be used to finance certain street improve­ment projects in the City (the "Improvement Projects").

The portion of the Bonds ($125,000) that is being issued pursuant to Minnesota Statutes, Section 444.075 and Chapter 475 (the "Utility Bonds") will be used to finance improvements (the "Utility Projects;" together with the Improvement Projects, the "Projects") to the municipal sewer system (the "System").

Maturity schedules for the Improvement Bonds and the Utility Bonds are attached hereto.

1.02. Sale. Pursuant to the Notice of Sale and the Official Statement prepared on behalf of the City by Northland Securities, Inc., sealed proposals for the purchase of the Bonds were re­ceived at or before the time specified for receipt of proposals. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of

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United Bankers' Bank, in Bloomington, Minnesota (the "Purchaser") to purchase the Bonds at a price of $801,900.00 plus accrued interest, if any, on all Bonds to the date of issuance and delivery, on the further terms and conditions hereinafter set forth.

1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed on behalf of the City to execute a con­tract for the sale ofthe Bonds with the Purchaser in accordance with the Notice of Sale. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement.

SECTION 2. BOND TERMS: REGISTRATION: EXECUTION AND DELIVERY.

2.01. Issuance of Bonds. All acts, conditions and things which are required by the Consti­tution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prec­edent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.

2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be origi­nally dated as ofDecember 15,2014, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the an­nual rates set forth opposite such years and amounts, as follows:

Year Amount Rate

2018 $190,000 1.25% 2020 130,000 1.75 2022 130,000 2.25 2024 140,000 2.50 2027 220,000 3.00

The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Regis­trar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository.

2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2015, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month immediately preceding the Interest Payment

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Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months.

2.04. Redemption. Bonds maturing in 2023 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in integral multiples of $5,000, on February 1, 2022, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereofto be published if and as required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the Bond Register described in Section 2.06 hereof, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding.

Bonds maturing on February 1, 2018, 2020, 2022, 2024 and 2027 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds:

2016 2017

Term Bonds Maturing in 2018

Principal Amount

$60,000 65,000

The remaining $65,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2018.

Term Bonds Maturing in 2020

Principal Amount

2019 $65,000

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The remaining $65,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2020.

Term Bonds Maturing in 2022

Principal Amount

2021 $65,000

The remaining $65,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2022.

Term Bonds Maturing in 2024

Principal Amount

2023 $70,000

The remaining $70,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2024.

2024 2025

Term Bonds Maturing in 2027

Principal Amount

$70,000 70,000

The remaining $80,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2027.

Notice of redemption shall be given as provided in the preceding paragraph.

2.05. Appointment of Registrar. The City hereby appoints Northland Trust Services, Inc., in Minneapolis, Minnesota, as the initial Bond registrar, transfer agent and paying agent (the "Reg­istrar"). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one ofthe states of the United States and authorized by law to conduct such busi­ness, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar.

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2.06. Registration. The effect of registration and the rights and duties ofthe City and the Registrar with respect thereto shall be as follows:

(a) Register. The Registrar shall keep at its principal corporate trust office a register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register.

(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date.

(c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive.

(d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City.

(e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.

(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.

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(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange.

(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment.

(i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended.

G) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations ofthe City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange.

2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the di­rection of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwith­standing such execution, no Bond shall be valid or obligatory for any purpose or entitled to any se­curity or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolu­tion. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the con­tract of sale theretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price.

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2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings:

"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee.

"Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee of DTC with respect to the Bonds.

"DTC" shall mean The Depository Trust Company ofNew York, New York.

"Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds bonds as securities depository.

"Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements.

(b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee ofDTC. The Registrar and the City may treat DTC (or its nomi­nee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of pay­ment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be re­deemed, if any, giving any notice permitted or required to be given to registered owners ofBonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Reg­istrar nor the City shall have any responsibility or obligation to any Participant, any person claim­ing a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is reg­istered in the name of Cede & Co., as nominee ofDTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effec­tive to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar ofwritten notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof.

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(c) In the event the City determines that it is in the best interest of the Beneficial Own-ers that they be able to obtain Bonds in the form of physical certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants ofthe availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accord­ance with paragraph (e) hereof.

(d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Administrator is hereby authorized and directed.

(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as own­er of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of physical certificates and the method of payment of principal of and interest on such Bonds in the form of physical certificates.

2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form:

Interest Rate

%

UNITED STATES OF AMERICA STATE OF MINNESOTA

CITY OF THIEF RIVER FALLS GENERAL OBLIGATION BONDS, SERIES 2014B

Maturity Date Date of Original Issue

February 1, 20_ December 15, 2014

REGISTERED OWNER: CEDE & CO.

PRINCIPAL AMOUNT: THOUSAND DOLLARS

CUSIPNo.

CITY OF THIEF RIVER FALLS, State of Minnesota (the "City") acknowledges itselfto be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 2015 (each such date, an "Interest Payment Date"), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before

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maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding the Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed oftwelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Northland Trust Services, Inc., Minneapolis, Minne­sota, as Bond registrar, transfer agent and paying agent, or its successor designated under the Reso­lution described herein (the "Registrar") or other agreed-upon means of payment by the Registrar or its designated successor. For the prompt and full payment of such principal and interest as the same respectively come due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.

This Bond is one of an issue (the "Bonds") in the aggregate principal amount of $810,000 issued pursuant to a resolution adopted by the City Council on November 18, 2014 (the "Resolu­tion"), to finance various street improvement projects and various improvements to the City's sew­er system (the "System"), and is issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapters 429 and 475. For the full and prompt payment of the prin­cipal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturi­ties.

Bonds maturing in 2023 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the Bond depository in accordance with its customary procedures) in multiples of$5,000, on February 1, 2022, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published if and to the extent required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the securities depository), to the registered holders of any Bonds, at the holders' addresses as they appear on the Bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed no­tice of redemption shall affect the validity of proceedings for the redemption of any Bond not af­fected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and pay­able at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding.

Bonds maturing in the years 2018, 2020, 2022, 2024 and 2027 shall be subject to mandato­ry redemption, at a redemption price equal to their principal amount plus interest accrued thereon

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to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts:

2016 2017

Term Bonds Maturing in 2018

Principal Amount

$60,000 65,000

The remaining $65,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2018.

Term Bonds Maturing in 2020

Principal Amount

2019 $65,000

The remaining $65,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2020.

Term Bonds Maturing in 2022

Principal Amount

2021 $65,000

The remaining $65,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2022.

Term Bonds Maturing in 2024

Principal Amount

2023 $70,000

The remaining $70,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2024.

2024 2025

Term Bonds Maturing in 2027

Principal Amount

$70,000 70,000

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The remaining $80,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2027.

Notice of redemption shall be given as provided in the preceding paragraph.

As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender here­oftogether with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same ag­gregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange.

The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) ofthe Internal Revenue Code of 1986, as amended.

The City and the Registrar may deem and treat the person in whose name this Bond is reg­istered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of re­ceiving payment as herein provided and for all other purposes, and neither the City nor the Regis­trar shall be affected by any notice to the contrary.

Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Deposito­ry Trust Company or other securities depository as agreed to by the City.

IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy special assessments upon property specially benefited by the improvements financed by the Bonds and has agreed to collect and apply to payment of the Bonds certain net revenues of the System and ad valorem taxes levied on all taxable property in the City, which assessments, revenues and taxes are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such assessments, revenues and taxes to its General Obligation Bonds, Series 20 14B Bond Fund for the payment of such prin­cipal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebted-

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ness ofthe City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness.

This Bond shall not be valid or become obligatory for any purpose or be entitled to any se­curity or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives.

IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below.

(Facsimile Signature) City Administrator

CITY OF THIEF RIVER FALLS, MINNESOTA

(Facsimile Signature) Mayor

CERTIFICATE OF AUTHENTICATION

This is one of the Bonds delivered pursuant to the Resolution mentioned within.

Date of Authentication: ----------------

NORTHLAND TRUST SERVICES, INC., as Registrar

By __________ ~------~------Authorized Representative

The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations:

TEN COM --as tenants in common UTMA ............. as Custodian for ............. .

(Cust) (Minor)

TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ........... .

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(State)

JT TEN --as joint tenants with right of survivorship and not as tenants in common

Additional abbreviations may also be used. ASSIGNMENT

For value received, the undersigned hereby sells, assigns and transfers unto

-------------------------------- the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________________ attorney to

transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises.

Dated: ________ _

Signature Guaranteed:

NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or en­largement or any change whatsoever.

Signature(s) must be guaranteed by an "eligible guar­antor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Reg­istrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE:

[end of Bond form]

SECTION 3. USE OF PROCEEDS. There is hereby established on the official books and records of the City a General Obligation Bonds, Series 2014B Construction Fund (the "Construction Fund"). Within the Construction Fund are established the following accounts:

(a) Improvement Construction Account. The Improvement Construction Account shall be credited with (i) all special assessments collected with respect to the Improvement Projects until

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all costs of the Improvement Projects have been fully paid and with (ii) $651,889.00 from the pro­ceeds of the Improvement Bonds. To the extent required by Minnesota Statutes, Section 429.091, subdivision 4, the City shall maintain a separate subaccount within the Improvement Construction Account to record expenditures for each improvement. Every item of expense made for the Im­provement Projects shall be deducted from the Improvement Construction Account to the extent paid from proceeds of the Improvement Bonds. The City Administrator shall maintain the Im­provement Construction Account until payment of all costs and expenses incurred in connection with the construction of the Improvement Projects have been paid.

(b) Utility Construction Account. The Utility Construction Account shall be credited with $120,000.00 from the proceeds of the Utility Bonds, which, along with other funds provided by the City, will be an amount equal to the estimated cost of the Utility Projects. The City Admin­istrator shall maintain the Utility Construction Account until all costs and expenses incurred by the City in connection with the construction of the Utility Projects have been paid.

All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes.

SECTION 4. G NERAL OBLIGATION BONDS, SERIES 2014B BOND FUND. So long as any of the Bonds are outstanding and any principal or interest thereon unpaid, the City Administra­tor shall maintain on the official books and records of the City a separate fund designated as the General Obligation Bonds, Series 2014B Bond Fund (the "Bond Fund"). Into the Bond Fund shall be paid (a) the amounts specified in Section 3 above, (b) any amount in excess of the amounts credited to the Construction Fund as provided in Section 3 hereof received from the Purchaser up­on delivery of the Bonds, (c) the special assessments and net revenues described in Sections 5 and 6 hereof; (d) any taxes collected pursuant to Section 7 hereof, and (e) any other funds appropriated by the City Council for the payment of the Bonds. The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be re­imbursed therefor when sufficient money becomes available in the Bond Fund. The City Council also covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to pay any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statu­tory limitation.

There are hereby established two accounts in the Bond Fund, designated as the "Debt Ser­vice Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (b) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 2 and ending on the follow­ing February 1), as monies are received into the Bond Fund, the City Administrator shall first de­posit such monies into the Debt Service Account until an amount has been appropriated thereto

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sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Administrator shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such de­ficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts.

SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the costs of the Improvement Projects, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in a principal amount not less than 20% of the cost of the Improvement Project. The City has levied or expects to levy spe­cial assessments in the principal amount of $325,251. The cost of the Improvement Project, inclu­sive of financing costs, is estimated to be approximately $685,000. It is estimated that the princi­pal and interest on such special assessments will be levied beginning in 2015 and collected in the years 2016-2027 in the amounts shown on Appendix I attached hereto. The principal ofthe as­sessments shall be made payable in annual installments, with interest as established by the City Council in accordance with law on unpaid installments thereof from time to time remaining un­paid. In the event any special assessment shall at any time be held invalid with respect to any lot or tract ofland, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this City Council or by any of the officers or employees of the City, either in the making of such special assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such special assessment a valid and binding lien upon said property.

SECTION 6. PLEDGE OF NET REVENUES. It is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience, and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable ex­penses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the principal of and interest on the Utility Bonds herein author­ized, and on any other bonds to which such revenues are pledged.

Pursuant to Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the registered owners from time to time of the Bonds, that until the Bonds and the interest thereon are discharged as provided in Section 7 or paid in full, the City will impose and collect reasonable charges in accordance with said Section 444.075 for the service, use and availability of the System according to schedules sufficient to produce net revenues sufficient to pay the Utility Bonds and any other bonds to which said net revenues have been pledged, and the net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Utility Bonds herein authorized and interest thereon when due. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional obligations ofthe City hereafter authorized ifthe Council determines before the authorization of such additional obligations that the estimated net revenues of the System will be sufficient, together with any other sources pledged to the payment of the outstanding and addi-

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tional obligations, for payment of the outstanding bonds and such additional obligations. Such fur­ther pledges and appropriations of net revenues may be made superior or subordinate to or on a parity with, the pledge and appropriation herein made.

SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to pro­duce aggregate amounts which, together with the collections of net revenues of the System as set forth in Section 6 and the special assessments as set forth in Section 5, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest pay­ments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in years and amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61.

SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be dis­charged by depositing with the Registrar a sum sufficient for the payment thereof in full with inter­est accrued from the due date to the date of such deposit. The City may also discharge its obliga­tions with respect to any prepayable Bonds called for redemption on any date when they are pre­payable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter author­izing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securi­ties which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of re­demption as herein required has been irrevocably provided for, to an earlier designated redemption date. If such deposit is made more than ninety days before the maturity date or specified redemp­tion date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date.

SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE.

9.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents,

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any action that would cause interest on the Bonds to become includable in gross income of the re­cipient under the Internal Revenue Code of 1986, as amended (the "Code") and applicable Treas­ury Regulations (the "Regulations"), and agrees to take any and all actions within its powers to en­sure that the interest on the Bonds will not become includable in gross income of the recipient un­der the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment ofthe costs of the Projects. The Projects are and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agree­ment, capacity agreement or other agreement with any non-governmental person relating to the use ofthe Projects, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code.

9.02. Arbitrage Certification. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are author­ized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in ex­istence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations.

9.03. Arbitrage Rebate. The City acknowledges that the Bonds may be subject to there­bate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such rec­ords, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclu­sion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof.

9.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax -exempt obligations" for purposes of Section 265(b )(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably an­ticipated amount oftax-exempt governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2014 does not exceed $10,000,000.

9.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section 1.150-2(±)(1) of the Regulations, or (ii) with respect to "preliminary ex­penditures" for the Projects as defined in Section 1.150-2(±)(2) ofthe Regulations, including engi-

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neering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds.

9.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and ob­servance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bon downer means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes.

(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following in­formation at the following times:

(1) on or before 12 months after the end of each fiscal year ofthe City, commencing with the fiscal year ending December 31, 2014, the following financial information and operating data in respect of the City (the "Disclosure Information"):

(A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such gener­ally accepted accounting principles for reasons beyond the reasonable con­trol of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and

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(B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recent­ly available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; City Tax Rates, Levies and Collec­tions; Debt Statistics; and General Information- "Major Employers."

Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as re­quired hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board ("MSRB") through its Electronic Municipal Market Access System ("EMMA") or to the SEC. The City shall clearly identify in the Disclosure Infor­mation each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discon­tinued, such Disclosure Information need no longer be provided if the City includes in the Disclo­sure Information a statement to such effect, provided, however, that if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Infor­mation and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determina­tion, the Disclosure Information shall include such additional specified data regarding the replace­ment operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b )(1) or subsection (d), then the City shall include in the next Disclosure Infor­mation to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data pro­vided.

(2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events:

(A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of pro­

posed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds;

(G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances;

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(J) Release, substitution, or sale of property securing repayment ofthe securi­ties, if material;

(K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event with respect to the

City; (M) The consummation of a merger, consolidation, or acquisition involving an

obligated person or the sale of all or substantially all of the assets of the ob­ligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a de­finitive agreement relating to any such actions, other than pursuant to its terms, if material; and

(N) Appointment of a successor or additional trustee or the change of name of a trustee, if material.

As used herein, a material fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a material fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of ap­plicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event.

For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an ob­ligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over sub­stantially all of the assets or business of the obligated person, or if such jurisdiction has been as­sumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person.

(3) In a timely manner, notice ofthe occurrence of any of the following events or con­ditions:

(A) the failure of the City to provide the Disclosure Information required under paragraph (b)( 1) at the time specified thereunder;

(B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection ( d)(2);

(C) the termination of the obligations of the City under this section pursuant to subsection (d);

(D) any change in the accounting principles pursuant to which the financial statements constituting a portion ofthe Disclosure Information are prepared; and

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(E) any change in the fiscal year of the City.

(c) Manner of Disclosure.

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(1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b).

(2) All documents provided to the MSRB pursuant to this subsection (c) shall be ac­companied by identifying information as prescribed by the MSRB from time to time.

(d) Term; Amendments; Interpretation.

(1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof.

(2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph ( c )(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) ofthe Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time ofthe primary offering of the Bonds, giving effect to any change in circumstances appli­cable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the in­terests of the Bondowners under the Rule.

If the Disclosure Information is so amended, the City agrees to provide, contempo­raneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, ofthe change in the type offinancial in­formation or operating data being provided hereunder.

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(3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) ofthe Rule.

SECTION 10. CERTIFICATION OF PROCEEDINGS.

10.01. Registration of Bonds. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Pennington County, together with such additional information as is required, and to obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the County Auditor's Bond register.

10.02. Authentication ofTranscript. The officers ofthe City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the le­gality and marketability of the Bonds, as the same appear from the books and records in their cus­tody and control or as otherwise known to them, and all such certified copies, affidavits and certif­icates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein.

10.03. Official Statement. The Preliminary Official Statement relating to the Bonds, dated November 12, 2014, prepared and distributed by Northland Securities, Inc., the municipal advisor for the City, is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the City to prepare and deliver to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensa­tion, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities and Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.

1 0.04. Effective Date. This resolution shall be in full force and effect from and after its passage.

On vote being taken, the resolution was unanimously passed.

APPENDIX I

Maturity Schedule-Improvement Bonds

Date Principal

2016 $50,000 2017 55,000 2018 55,000 2019 55,000

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2020 2021 2022 2023 2024 2025 2026 2027

55,000 55,000 55,000 60,000 60,000 60,000 60,000 65,000

Maturity Schedule-Utility Bonds

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027

Principal (Water)

$10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 15,000

Special Assessments and Tax Levies with respect to the Improvement Projects

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(a) (b) (c) (d) (e) (f)

Street lm- Sewer lm- Less: Spe-provement provement cial As-Scheduled Scheduled Scheduled 105% Debt sessment

Date P+l P+l P+l Service Revenue

02/01/2016 66,860.28 13,073.19 79,933.47 83,930.14 36,696.58

02/01/2017 69,325.00 12,600.00 81,925.00 86,021 .25 36,696,58

02/01/2018 68,637.50 12,475.00 81,112.50 85,168.13 36,696.58

02/01/2019 67,950.00 12,350.00 80,300,00 84,315.00 36,696.58

02/01/2020 66,987.50 12,175,00 79,162.50 83,1 20.63 36,696.58

02/01/2021 66,025.00 12,000.00 78,025.00 81 ,926.25 36,696.58

02/0112022 64,787.50 11 ,775.00 76,562.50 80,390.63 36,696.58

02/01/2023 68,550.00 11,550.00 80,100.00 84,105.00 36,696.58

02/01/2024 67,050.00 11,300.00 78,350.00 82,267.50 36,696.58

02/01/2025 65,550.00 11,050.00 76,600.00 80,430.00 36,696.58

02/01/2026 63,750.00 10,750.00 74,500.00 78,225.00 36,696.58

02/01/2027 66,950 .00 15,450.00 82,400.00 86,520.00 36,696 .58

Total $802,422.78 $146,548.19 $948,970.97 $996,419 .52 $440,358,96

Revenue Footnotes:

(g) (h)

Less: Water Less: Sewer Utility Utility Rev-

Revenue enue

- 13,726.85

- 13,230.00

- 13,098.75

- 12,967.50

- 12,783 75

- 12,600.00

- 12,363,75

- 12,127.50

- 11 ,865.00

11 ,602.50

11 ,287.50

- 16,222.50

- $153,875.60

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(i) (j)

Net City Annual Share (Tax Surplus

Levy) I Deficit

33,506.71 93.29

36,094.67 5.33

35,372.80 27.21

34,650.92 49.08

33,640.30 (40.29)

32,629.67 (29.67)

31 ,330.30 (302 9)

35,280.92 19.08

33,705.92 (5.92)

32,130.92 (30.92)

30,240.92 (40.92)

33,600.92 (0.92)

$402,184.96 $15.04

( k)

Cumulative Cash Bal-

ance

93.29

98.62

125.82

174.90

134.61

104.94

74.64

93.72

87.80

56.88

15.96

15.04

$15.04

(f) The special assessment revenue is based on assessments of $325,251 ($126,398 for Court Street, $42,901 for Hanson Drive, and $155,952 for Frontage Road)

assessed at 5% over a 12-year period.

(I) ( m) ( n)

DebfSJJtvice Tax Levy Cy-cte.

Year Year Certified Collected Tax Levy

2014 2015 33,600.00 2015 2016 36,100.00 2016 2017 35,400.00 2017 2018 34,700.00 2018 2019 33,600.00 2019 2020 32,600.00 2020 2021 31,300.00 2021 2022 35,300.00 2022 2023 33,700.00 2023 2024 32,100.00 2024 2025 30,200.00 2025 2026 33,600.00

$402,200.00

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RESOLUTION NO. 11-267-14: APPROVAL OF FINAL PLAT OF BARRON'S ADDITION

A Planning Commission and Public Works Committee recommendation was presented. Following discussion, Councilmember Kajewski introduced Resolution No. 11-267-14, being seconded by Councilmember Sollom, that:

WHEREAS, the Planning Commission met to consider the proposed Barron's Addition Fi­nal Plat prepared by Garrett Borowicz of Widseth Smith Nolting & Assoc., Inc.; and

WHEREAS, Farmers Union Oil Company recently purchased the former Home Lumber property for the construction of a Cenex truck stop convenience store. They have also pur­chased approximately 4.5 acres between the former Home Lumber site and Eastwood Drive (former County Road 62). Farmers Union Oil Company has requested the construc­tion of frontage road to serve their property, which is now substantially complete. The City ofThiefRiver Falls purchased property in 2009 on the south side of Eastwood Drive to fa­cilitate the realignment of Eastwood Drive and provide an access for the Thief River Care Center. The City and Farmers Union Oil Company have agreed to plat the property togeth­er. Steve Olson of Falls Liquor had suggested, and Cenex concurred, that the plat be named Barron's Addition in honor oflong time Council and Planning Commission mem­ber Don Barron; and

WHEREAS, the proposed plat will dedicate right-of-way to facilitate the construction of a frontage/backage road to serve the properties. It will also plat lots that will allow subdivid­ing the property to allow for future development. The cost of the plat and wetland delinea­tion will be split between the City ofThiefRiver Falls and Farmers Union Oil Company; and

WHEREAS, the Planning Commission recommends approval of the Final Plat.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Planning Commission and Public Works Committee recommendation to approve the Final Plat of Barron's Addition.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 11-268-14: ADOPTION OF ORDINANCE NO. 70, 3RD SERIES, OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING THE CITY ZONING DISTRICTS MAP, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 152.998, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS

Councilmember Kajewski motioned, being seconded by Councilmember Cullen, to call for the reading of an ordinance that will amend City Code Chapter 152 entitled "Zoning Code" by amending the city zoning districts map, and by adopting by reference city code chapter 10 and

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section 152.998, which, among other things, contain penalty provisions. The motion was unanimously approved.

City Attorney Ihle read the proposed ordinance. Following the reading, Councilmember Hahn in­troduced Resolution No. 11-268-14, being seconded by Councilmember Cullen, that:

THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS:

Section 1. The City Zoning Districts Map is hereby amended by changing the zoning designation of the following described real property from Agriculture District (AG) to General Business District (C-2):

Blocks One (1) and Two (2) of Sanford First Addition to the City ofThiefRiver Falls.

Section 2. City Code Chapter 10 entitled "General Provisions" and Section 152.998 entitled "Violation" are hereby adopted in their entirety, by reference, as though repeated verbatim herein.

Section 3. This ordinance shall be in force and effect from and after its passage, approval, and publication.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 11-269-14: APPROVAL OF TEAMSTERS #320 PUBLIC WORKS AND TEAMSTERS #320 FIRE UNION CONTRACTS FOR YEARS 2015-2017

An Ad-Hoc Labor Committee recommendation was reviewed. Following discussion, Coun­cilmember Sollom introduced Resolution No. 11-269-14, being seconded by Councilmember Brown, that:

WHEREAS, the current union contracts wil 1 be expiring on December 31, 20 14. The Teamster #320 Union and the Ad-Hoc Labor Committee have met in negotiations for the last couple of months and have reached a tentative agreement; and

WHEREAS, the proposed contract includes a wage increase in the amount of2.5% on January 1st of each of the three years. Mutually agreed upon amendments were also made to certain shift pays, overtime situations, and clean-up items; and

WHEREAS, the Teamster Union #320 members have voted on, and approved, the pro­posed union contract.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the findings of the Ad­Hoc Labor Committee and approve the Teamster #320 Public Works and Teamster #320 Fire Union Contracts for years 2015-2017.

On vote being taken, the resolution was unanimously passed.

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UPCOMING MEETINGS/EVENTS

• Committee ofthe Whole- November 19th at 4:30 p.m.

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Page 30 of30

• Administrative Services Committee Meeting- November 20th at 4:30p.m. • City Council Meeting - December 2nd at 5:00 p.m.

INFORMATIONAL ITEMS

• Investment Summary dated 10/31/2014

ADJOURNMENT

There being no further discussion, Councilmember Kajewski moved, being seconded by Coun­cilmember Cullen to adjourn at 5:30p.m. to the Utilities Committee meeting. On vote being taken, the Chair declared the motion unanimously carried.

Jim Dagg, Mayor

Attest: - ------ -------Larry Kruse, City Administrator

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City of Thief Ri•er falls #6.03

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

PHONE: 218-681-2943 FAX: 218-681-6223

email: [email protected] www.citytrfnet

REQUEST FOR COUNCIL ACTION

DATE: November 18,2014

SUBJECT: Farmers Union Oil Company Highway 59 Location Tobacco License

RECOMMENDATION: It is respectfully requested the Council consider the following:

MOTION TO: to accept an Administrative Services Committee recommendation to approve a Tobacco License for Farmers Union Oil Company Highway 59 location, effective December 1, 2014 through December 31, 2014.

BACKGROUND: Farmers Union Oil Company is opening a new location at 1930 Highway 59 SE and has applied for a tobacco license.

KEY ISSUES: None

FINANCIAL CONSIDERATION: The Tobacco license will be pro-rated for the 2014 year with Farmers Union paying $12.50 for the month of December.

LEGAL CONSIDERATION:

DEPARTMENT/RESPONSIBLE PERSON: Jennifer Nelson, Administrative Services

REVIEWED BY:

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

1 #6.03 1

RESOLUTION NO. : APPROVAL OF TOBACCO LICENSE TO FARMERS UNION OIL COMPANY HWY 59 LOCATION

Presented as part of the Consent Agenda, Councilmember ____ introduced Resolution No., being seconded by Councilmember , that:

RESOLVED, by the City Council, to accept an administrative services Committee recommendation to approve a Tobacco License for Farmers Union Oil Company Highway 59 location, effective December 1, 2014 through December 31,2014.

Presented at the December 2, 2014 Council Meeting

Introduced by: __________ _

Seconded by: -----------

Roll Call (if required): Brown _ Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom

Notes: -------------- --------- -----

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City of Thief River falls 1 #6.04 1

ADMINISTRATION DEPARTMENT

405 Third Street South Thief River Falls MN 56701-0528

PHONE: 218-681-5816 FAJ(:218-681-8225

[email protected] www.citytrf.net

Request for Council Action

Date: 11/19/2014

Subject: Thief River Falls Regional Airport Sewer Project Funding

Recommendation: It is respectfully requested the council consider the following recommendation from the Administrative Committee:

Motion To: To lend the Thief River Falls Regional Airport Authority Seventy Six Thousand Six Hundred ($76,600) Dollars at 5% interest with annual payments over a ten (1 0) year period to be used to finance their 10% share of the Airport Sewer Project.

Background: The Airport Commission has received an 80% grant for decommissioning of the Airport's sewer ponds and construction of a force main to connect up to the City's municipal sewer system. The estimated cost of the project is $766,000. The City and Airport Commission have agreed to split the twenty (20) percent local share of$153,200 equally. The Airport Commission does not have adequate funds to pay their full Ten (10) percent and has requested the City lend them funds.

Key Issues: • The City has prepaid the TRF Regional Airport $68,940, which is 90% of the City's ten

percent share.

Financial Considerations: The City is lending the TRF Airport $76,600 at 5% interest over a ten year period with payment made annually.

Legal Considerations: The Council has the authority to loari other Government Entities funds .

Department/Responsible Person: Larry Kruse, City Administrator

Reviewed by: LRK.

35

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

#6.04

RESOLUTION NO.: APPROVAL TO LEND THE THIEF RIVER FALLS REGIONAL AIRPORT AUTHORITY $76,600 AT 5% INTEREST WITH ANNUAL PAYMENTS OVER A 10 YEAR PERIOD TO BE USED TO FINANCE THEIR 10% SHARE OF THE AIRPORT SEWER PROJECT

Presented as part of the Consent Agenda, Councilmember ____ introduced Resolution No., being seconded by Councilmember , that:

WHEREAS, the Airport Commission has received an 80% grant for decommissioning of the Airport's sewer ponds and construction of a force main to connect up to the City's municipal sewer system. The estimated cost of the project is $766,000. The City and Airport Commission have agreed to split the twenty (20) percent local share of$153,200 equally. The Airport Commission does not have adequate funds to pay their full Ten (10) percent and has requested the City lend them funds; and

WHEREAS, the City has prepaid the TRF Regional Airport $68,940, which is 90% of the City's ten percent share; and

WHEREAS, the City Council has the authority to loan other Government Entities funds.

THEREFORE, BE IT RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation, to lend the ThiefRiver Falls Regional Airport Authority Seventy Six Thousand Six Hundred ($76,600) Dollars at 5% interest with annual payments over a ten (10) year period to be used to finance their 10% share of the Airport Sewer Project.

Presented at the December 2, 2014 Council Meeting

Introduced by: _ _________ _

Seconded by: __________ _ _ __

Roll Call (if required): Brown _Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom

Notes: ------------- ------------- -----------

36

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City of Thief River falls #6.05

DIRECTOR OF COMMUNITY SERVICES

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

PHONE: 218-681-8506 FAX: 218-681-8507

email: [email protected] www.citytrf.net

Request for Council Action

DATE: November 25, 2014

SUBJECT: Tax Abatement Public Hearing

RECOMMENDATION: It is respectfully requested that the Council consider the following:

Motion to: Call for Public Hearing on Tax Abatements.

BACKGROUND: The City ofThiefRiver Falls and Pennington County has a tax abatement program in place for new single family homes built in the City of Thief River Falls. The home construction cost, excluding the lot value, cannot exceed $160,000. This abatement is good for three years and only applies to the original owner.

KEY ISSUES: The homeowner must submit a copy of their property tax statement and proof of payment. There are three properties eligible for abatement this year. All are in year two of the three year program.

FINANCIAL CONSIDERATIONS: The cost to the City for the abatement of the three properties this year is $1963.21.

LEGAL CONSIDERATION: The tax abatement requires an annual Public Hearing.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Community Services Director

REVIEWED BY:

Encl: (1)

37

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NOTICE OF HEARING CITY OF THIEF RIVER FALLS

Notice is hereby given, pursuant to Minnesota State Statute 469.1813 through 469.1815 -Economic Development- Tax Abatement that the following property owners are eligible and have applied for tax abatement as per the Tax Abatement Policy approved by the City of Thief River Falls. The qualified properties are legally described as:

Lot 4, Block 2, Allwood Acres Addition. Parcel number 25.06401620- Michael and Nicole Wienen. Total estimated abatement is $695.72.

Lot 8, Block 2, Allwood Acres Addition. Parcel number 25.06402020- Michael and Amanda Torma. Total estimated abatement is $579.77.

Lot 7, Block 2, Allwood Acres Addition. Parcel number 25.06401920- Jason and Lacey Simoneau. Total estimated abatement is $687.72.

Notice is further given that the City of Thief River Falls will conduct a Hearing on the Tax Abatements at 5:10P.M. on Tuesday, December 16, 2014, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN 56701. All persons wishing to comment on will have the option to be heard at this time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the Office of the Community Services Director, City Hall, P. 0 . Box 528, Thief River Falls, MN 56701, or telephone 218-681-8506.

If you have a disability and need an accommodation in order to attend this Hearing, please contact the undersigned as soon as possible or at least three (3) working days in advance of the Hearing at the above telephone number.

Dated this 26th day of November, 2014.

Mark Borseth Community Services Director

Published in the Wednesday, December 3, 2014, edition of The Times.

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

1 #s.os 1

RESOLUTION ESTABLISHING A PUBLIC HEARING ON TAX ABATEMENTS

Presented as part of the Consent Agenda, Councilmember ___ _ introduced Resolution No., being seconded by Councilmember , that:

WHEREAS, The City of Thief River Falls and Pennington County has a tax abatement program in place for new single family homes built in the City of Thief River Falls. The home construction cost, excluding the lot value, cannot exceed $160,000. This abatement is good for three years and only applies to the original owner.

THEREFORE, BE IT RESOLVED, by the City Council ofThiefRiver Falls, that a tax abatement hearing shall be held on the 16th day of December, 2014 in the Council Chambers of City Hall at 5: 10 p.m.

Presented at the December 2, 2014 Council Meeting

Introduced by: _ ___ _ _____ _

Seconded by: _ ___ _ ___ _ __ __

Roll Call (if required): Brown _Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _Schmalz_Sollom

Notes: --- ----- - - - --- ------- --------

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City of Thief River falls 1 #6.06 1

CITY ADMINISTRATOR

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

PHONE: 218-681-2943 FAX: 218-681-6223

email: [email protected] www.citytrf.net

REQUEST FOR COUNCIL ACTION

DATE: November 24,2014

SUBJECT: Pete C. Carlson Land Lease

RECOMMENDATION: It is respectfully requested the Council consider the following:

MOTION TO: an extension of the lease with Pete C. Carlson, for farm land rental, until December 31, 2017. They shall pay the city $1,634.00 the 1st year, $1,683.00 the 2nd year and $1 ,733.00 the 3rd year for a total of $5,050.00.

BACKGROUND: Pete C. Carlson currently has a lease with the City for farm land rental, with said lease expiring on December 31,2014. In years past said lease is renewed with a 3% increase each year for 2 years.

KEY ISSUES: None

FINANCIAL CONSIDERATION:

LEGAL CONSIDERATION: A new agreement has been drafted by City Attorney lhle for a 3 year extension.

DEPARTMENT/RESPONSIBLE PERSON: Larry Kruse, City Administrator

REVIEWED BY:

40

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

1 #6.06 1

APPROVAL OFF ARM LAND LEASE EXTENSION WITH PETE C. CARLSON

Presented as part of the Consent Agenda, Councilmember _ _ __ introduced Resolution No., being seconded by Councilmember that:

WHEREAS, Pete C. Carlson currently has a lease with the City for farm land rental, with said lease expiring on December 31,2014.

THEREFORE, BE IT RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation to authorize and direct the Mayor and City Administrator to execute an extension of the lease with Pete C. Carlson, for farm land rental, until December 15, 2017. They shall pay the city $1,634.00 the 1st year, $1,683.00 the 2"d year and $1,733.00 the 3rd year for a total of$5,050.00.

Presented at the December 2, 2014 Council Meeting

Introduced by: __________ _

Seconded by: ________ ___ __

Roll Call (if required): Brown _Cullen ___ Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom

Notes: _________________________ _

41

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City of Thief River falls #6.07

OFFICE OF THE CITY ADMINISTRATOR PHONE: 218-681-2943 FAX: 218-681-6223

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528 www.citytrf.net

REQUEST FOR COUNCIL ACTION

DATE: November 24,2014

SUBJECT: Garret & Mary Reierson Land Lease

RECOMMENDATION: It is respectfully requested the Council consider the following:

MOTION TO: an extension of the lease with Garret & Mary Reierson, for farm land rental, until December 15,2017. They shall pay the city $914.00 the 151 year, $941.00 the 2nd year and $970.00 the 3rd year for a total of $2,825.00.

BACKGROUND: Garret & Mary Reierson currently has a lease with the City for farm land rental, with said lease expiring on December 31,2014. In years past said lease is renewed with a 3% increase each year for 2 years.

KEY ISSUES: None

FINANCIAL CONSIDERATION:

LEGAL CONSIDERATION: A new agreement has been drafted by City Attorney Ihle for a 3 year extension.

DEPARTMENT/RESPONSIBLE PERSON: Larry Kruse, City Administrator

REVIEWED BY:

42

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

1 #6.07 1

APPROVAL OF FARM LAND LEASE EXTENSION WITH GARRET AND MARY REIERSON

Presented as part of the Consent Agenda, Councilmember ____ introduced Resolution No., being seconded by Councilmember , that:

WHEREAS, Garret & Mary Reierson currently has a lease with the City for farm land rental, with said lease expiring on December 31, 2014.

THEREFORE, BE IT RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation to authorize and direct the Mayor and City Administrator to execute an extension of the lease with Garret & Mary Reierson, for farm land rental, until December 15, 2017. They shall pay the city $914.00 the 1st year, $941.00 the 2nd year and $970.00 the 3rd year for a total of $2,825.00.

Presented at the December 2, 2014 Council Meeting

Introduced by: _______ ___ _

Seconded by: _______________ __

Roll Call (if required): Brown _ Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom

Notes: ------------------------------------

43

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

1 #s.aa 1

RESOLUTION NO. :APPROVAL OF ACH ORIGINATION AGREEMENT WITH NORTHERN STATE BANK FOR AUTOMATIC TRANSACTIONS

Presented as part of the Consent Agenda, Councilmember _ ___ introduced Resolution No., being seconded by Councilmember that:

RESOLVED, by the City Council, to accept an Administrative Services Committee recommendation and authorize and direct the City Administrator to execute an ACH Agreement with Northern State Bank to allow for the ability of automatic transactions.

Presented at the December 2, 2014 Council Meeting

Introduced by: _ _________ _

Seconded by: __________ _

Roll Call (if required): Brown _Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _Schmalz_Sollom

Notes: _ ____ ___________________ _

44

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City of Thief River falls #6.09

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

PHONE: 218-681 -2943 FAX: 218-681-6223

emai l: [email protected] www.citytrf.net

Request for Council Action

November 26, 2014

SUBJECT: All 20 15 City Licenses Renewal

RECOMMENDATION: It is respectfully requested the Council consider the following:

Motion To: to approve the attached City Licenses, effective January 1, 2015 through December 31, 2015.

BACKGROUND: Each year all City Licenses need to be reviewed and renewed for the upcoming year. The following licenses are up for renewal effective January 1, 2015 to December 31, 2015. After all applications and required insurance information is received they get sent to the State.

KEY ISSUES: None

FINANCIAL CONSIDERATIONS: All license fees must be received before the license is issued.

LEGAL CONSIDERATIONS: The City Council has the authority to approve licenses on a case by case basis.

Department/Responsible Person: Administrator's Office/Jennifer Nelson

Reviewed by:

45

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TOBACCO $150

Eagles Club

East Side Tesoro

Erl's Market, Inc.

Falls Liquor

Farmer's Union Oil Company

Farmer's Union Oil Company (Hwy 59 S) Holiday Stationstore # 197

Hugo's #7

Pennington County Sheriffs Office

Pennington Main

Pennington Square

Rusty Nail

Super One Foods

VFW Post #2793

Wal-Mart Supercenter #3761

PAWN BROKER'S $40

Northern Gun & Pawn

JUNK DEALER'S $45

Phillip's Iron & Metal, Inc.

SEPTIC WASTE PERMIT $35

Beatrice Smith "Dick's Septic"

Michael J Skjerven "MJS" Beito's Septic

City of Thief River Falls 20 15 Licenses

ON-SALE 3.2 BEER $250

Dakota James Inc. (Pizza Hut TRF)

ON-SALE LIQUOR $2,800

American Legion Post 117, Inc.

* Family Bowl, Inc. (Family Bowl)

* Ganesh Hospitality, Inc. (Quality Inn)

Steven P. Carlson (The Schooner Bar & Grill)

* Evergreen J & J Inc. (Evergreen Eating Emporium)

* William S. Fraser (Fraser's Sports Cafe')

Grzadzy's Inc. (Black Cat Sports Bar & Grill)

* Barboza 2 LLC (El Potro Mexican Restaurant)

Spike Inc. (Rusty Nail)

Schindler, Brian J. (The Dawg House)

CLUB ON-SALE LIQUOR $500

BPOE Lodge 1308 (Elks Lodge)

* FOE Aerie 2368 (Eagles)

* VFW 2793 (VFW Post)

SUNDAY ON-SALE LIQUOR $200

American Legion Post 117, Inc.

* Family Bowl, Inc. (Family Bowl)

* FOE Aerie 2368 (Eagles)

TAXI $30 for 1st

Northland Taxi Prowler Taxi

$25 each add'l

*Ganesh Hospitality, Inc. (Quality Inn)

Steven P. Carlson (The Schooner Bar & Grill)

Willaim S. Fraser (Fraser's Sports Cafe')

OFF-SALE 3.2 BEER $100

East Side Tesoro

Erl's Market, Inc.

Holiday Stationstore # 197

Super One Foods

Wal-Mart Supercenter #3761

* Grzadzy's Inc. (Black Cat Sports Bar & Grill)

Barboza 2 LLC (Hacienda Los Bravos)

Schindler, Brian J. (The Dawg House)

Spike Inc. (Rusty Nail)

* VFW 2793 (VFW Post)

* License includes outdoor seating area.

46

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

APPROVAL OF 2015 CITY LICENSES

#6.09

Presented as part of the Consent Agenda, Councilmember ______ introduced Resolution No., being seconded by Councilmember that:

RESOLVED, by the City Council, to approve the following City Licenses, effective January 1, 2015 through December 31,2015:

TOBACCO $150

Eagles Club

East Side Tesoro

Erl's Market, Inc.

Falls Liquor

Farmer's Union Oil Company

Farmer's Union Oil Company (Hwy 59 S) Holiday Stationstore #197

Hugo's #7

ON-SALE 3.2 BEER $250

Dakota James Inc. (Pizza Hut TRF)

ON-SALE LIQUOR $2,800

American Legion Post 117, Inc.

* Family Bowl, Inc. (Family Bowl)

* Ganesh Hospitality, Inc. (Quality Inn)

Steven P. Carlson (The Schooner Bar & Grill)

Pennington County Sheriffs Office

Pennington Main

* Evergreen J & J Inc. (Evergreen Eating Emporium)

* William S. Fraser (Fraser's Sports Cafe')

Pennington Square

Rusty Nail

Super One Foods

VFW Post #2793

Wal-Mart Supercenter #3761

PAWN BROKER'S $40

Northern Gun & Pawn

JUNK DEALER'S $45

Phillip's Iron & Metal, Inc.

SEPTIC WASTE PERMIT $35

Beatrice Smith "Dick's Septic"

Michael J Skjerven "MJS" Beito's Septic

TAXI $30 for 1st

Northland Taxi Prowler Taxi

OFF-SALE 3.2 BEER $100

East Side Tesoro

Erl's Market, Inc.

Holiday Stationstore # 197

$25 each add'l

Grzadzy's Inc. (Black Cat Sports Bar & Grill)

* Barboza 2 LLC (El Potro Mexican Restaurant)

Spike Inc. (Rusty Nail)

Schindler, Brian J. (The Dawg House)

CLUB ON-SALE LIQUOR $500

BPOE Lodge 1308 (Elks Lodge)

* FOE Aerie 2368 (Eagles)

* VFW 2793 (VFW Post)

SUNDAY ON-SALE LIQUOR $200

American Legion Post 117, Inc.

* Family Bowl, Inc. ( Family Bowl)

* FOE Aerie 2368 (Eagles)

*Ganesh Hospitality, Inc. (Quality Inn)

Steven P. Carlson (The Schooner Bar & Grill)

Willaim S. Fraser (Fraser's Sports Cafe')

* Grzadzy's Inc. (Black Cat Sports Bar & Grill)

Barboza 2 LLC (Hacienda Los Bravos)

Schindler, Brian J. (The Dawg House)

Spike Inc. (Rusty Nail)

* VFW 2793 (VFW Post)

47

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Super One Foods * License includes outdoor seating area.

Wal-Mart Supercenter #3761

Presented at the December 2, 2014 Council Meeting

Introduced by: - -----------

Seconded by: _____________________ __

Roll Call (if required): Brown _Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _Schmalz_Sollom

Notes: ---------------- -------------------------

48

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City of Thief River Falls #7.01

UTILITIES BILLING OFFICE

PHONE: 218 681-4145 FAX: 218 683-7343

HISTORIC SOO LINE R.R. DEPOT 405 Third Street East . P.O. Box 528 Thief River Falls, MN 56701-0528 email : [email protected]

Request for Council Action

DATE: December 2, 2014

SUBJECT: Water Systems Rate Increase

RECOMMENDATION: It is respectfully requested the Council consider the following:

Motion to: accept a Utilities Committee Recommendation to approve 2015 increases for the Water and Wastewater rates effective with the January I, 2015 billing.

BACKGROUND: The Utilities Committee reviewed the proposed 2015 water and sewer rates. A rate study completed in 2008 by Springsted, a consulting firm, recommended a 5.5% rate increase per year for I 0 years for both water and wastewater. This has been done but because the wastewater rates were low to start with, 5.5% does not generate enough of a revenue increase. The committee recommends a 1 0% increase in wastewater, which is still a reasonable 54 cents increase to the service charge and 10 cents per thousand on the usage charge. Water will stay at the planned 5.5% increase.

KEY ISSUES: Increases are needed to fund the lime sludge project, sewer project upgrades that are mandated by MPCA, pump replacement, phosphorus management plan, sewer main re-lining, and bond payments.

FINANCIAL CONSIDERATIONS: The rate increases will generate approximately $116,500 in water and $66,500 in wastewater.

LEGAL CONSIDERATION:

DEPARTMENT/RESPONSIBLE PERSON: Wayne Johnson, Water Systems Superintendent and Barry Froiland, MIS Director/Utilities Billing Mgr.

REVIEWED BY: LRK

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Water

Service Size

5/8" & 3/4"

1"

1-1/4"

1-1/2"

2"

3"

4"

6"

To 10,000 gallons 10,000 to 2,000,000

Over 2,000,000

2015 Water Rates

Existing New Service Charge

$16.27

$32.13

$50.56

$72.70

$129.00

$289.00

$514.00

$10157.00

Usage Charge per 1,000 gallons

Existing New Usage Charge

$3.97 $4.08

$3 .55

Existing Rates

New Rates

Increase

Per Cent

Gallons

Revenue

$2,155,637

$2,272,191

$116,554

5.41%

316,006,642

11/10/2014

Increase

$0.87

$1.72

$2.02

$3.50

$6.00

$16 .00

$28.00

$62.00

$0.22 $0.22

$0.20

Per Cent

5.3%

5.4%

4.0%

4.8%

4.7%

5.5%

5.4%

5.4%

5.5% 5.4%

5.6%

1

50

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Water Service

Size

5/8" & 3/4" 1" 1 1/4" 1 1/2" 2" 3" 4" 6"

2015 Wastewater Rates

Existing New Service Charge Service Charge

$5.66 . $12.35 $19.08 $27.22 $47.91

$107.15 $190.15 $427.22

Existing Usage Charge per 1000 gals

New Usage Charge per 1000 gals

$1.00 ;,.

Existing Rates New Rates Increase Per Cent

Gallons

Revenue $675,965 $742,516

$66,551 9.85%

316,006,642

11/10/2014

Increase Percent

$0.54 9.49% $1.25 10.12% $2.00 10.47% $2.79 10.26% $5.01 10.46%

$11 .26 10.50% $20 .05 10.55% $45.02 10.54%

$0.10 10.00%

51

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U'1 1\J

Rate Examples

Water

AVE. USAGE PER MONTH New Rate

Residential

Present Rate Increase Per Cent Increase

--- 5oo · $19.24 ··- "$18:26:--- ... ... . · $o.9a~·--- ----5.37o/~- · ··· · · · 1.666' -· · · $21 _33· -·if2o.24-· -------- -·-$1'.69" ..... 5j9o7o' ............... ,;sao· .. · ·$23.4'3 . ·s22.23-- --- ·--:rrw ____ .. _5:4o% · --·· - ·2.ooo .... ·· $25.52- · ·-- -$24.21··· ....... . . .. "sT3r-· .... s-:-41c;~ ·

3,ooo ·-- . .. $29.71 $28.18 .. .. - -· .. $1:53·· .. "K43o/~ ... --.. "'4:6oo '..... $33.so $32.1K·- -· -- ·s1.75_ .... · ·s:-44'% .. · ...... --- .. -5~656';- · s3a.o9· · -$36.12'' ... --.. ---${97~..... 5.45% =· - .. ....... . Koo(F · · .. $42:28 ... -· .... · s4o~a9· .. - ·· ·s2'.19.. s:46o/~ · -----......... _ a,ooo · sso.si3 · · $4a.a:r· · ......... ·si:63- -·- - 5~48o/~-

1o,ooo -· .. $59.04 ' . ""$55:'97 _ ___ .. , ....... . $3:'67" .... s:~fgo;~ ·

.:. =---~~.ooo~.. .. . ,iao.M'.. - -~y~.37' -= .. 1-.~jT" :·5.4,0.'c ·

Wastewater

New Rate Present Rate Increase

$if75"' ....... $6.16 $0.59 ---·-- $7.30 . $6 .. 66.. .. ·so.64

. $7.85' . "$7~1'6_...... $0.69 $8.40 . '"$7-:6_6___ $0.'74

· · --- · .. · ----sli~sa-·· -- -ss.as· ·-· so.a4· - --Sfo:6o · ·- "$9.66 $6.94-

.... $1Tio- ··si'o.6s_.. s1.o4 . -·- $12.80 ' "$1{66 ... - .... Sf.i4 .

·-s1 5~6o $13.66' s1 .34 ... '$'17.2.6 $15.66 $1 .54 . -~- =~- s22. 7o- s_~o.ss si.o4

Rate Examples

Water

AVE USAGE PER MONTH New Rate Present Rate Increase

Per Cent Increase

Commercial .. - · .1.26,2oo

1,1 88.400 · 4e3:ooo .. -··- 1~~0<i,<;J~:.

7,822,000 · · -ss. 1'oo·· 100,000

.... - · · 3oifsoo" 160,600 12.~.909 : ·.

$650.76. -. - · $61 ~i.32-- ....... $32.44·-· 5.25o/~ $5,466.60 $5 .. 187.13--- -$279:-47''. -5:39o/~ -S3,208.80 . $3,644 .. 94,. -· .. $163-:-86- .. ·s.38% . s7.237.9o $6,867.96 · · · s37o.oo s .39% •

s31.s5o.4o s29:984:ao· s·, .666":4o · 5.56% , $355.03 ---$337.21" · ... · ' s1Y82 ' · s.29o/o . $970.90 $920.90 $50.00 5.43°io.

$1.595.45 $1.51s.ss· .. ·-- $79:87- .. 5.:2'7% $1,299.48 $1,232.15 ..... , ____ $67.33 . . "5.'46"/~ --

$993.60 .. ,._ .. .. $943_'22'"' . ... - $56.38 5.34%

11/10/2014

Wastewater

New Rate Present Rate Increase

--- ... ,_, -$185.14"''" ----$168.11 ... ___ Si _1 ,14~. ~~.. ~J1)14 .?3 :

$981 .54 $890.22 $2:6'12.'24" '$1,827.22 $9,076.44" $'8.249.22 . ..$.1o1.62- $92.32

· ... . .. .. $326.21 · ·- • · s'2so.15 $445::19 ... · s4o4.32 . $413.'47- .. --$374.90 . . i ?13.23 $284.06

$17.Q3 $132.09 $91.32

$185.02 . $827.22

$9.30 ~30.06 $40.87 '$38.57" $29.17

Per Cent Increase

s.ss";; 9:56% ..

- 9.59% ·s.6i"[ 9.67°/;;­·g)iJoi~·

9.73%-9:75%" 9.l9°/o .

- 9.81%" 9.86%

Per Cent Increase

.. 1.0.13%

10.05% 10.26% 10.136/o . 10.03% 1 0~08% 10.36°/; 10.11% 10.29%" 1 0 . 27o/~"

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U1 w

From Springsted Water Fund Utility Rate Study

Monthly Service Charge___ 2008 _ . _ fOO~ _ •. . -~~---5/8"-3/4" $11.50 $12.1 i $12.78. --- -·--- . .. - . - -- ---~----- .... .

1" $23.00 $24.22 $25.55 0 ·--...~-·- L ~---.-~ ------·-••• - · · - O•

1 1/4" $36.00 $37.91 $39.99' --·--·----- --- ----- -1 1/2" $51.00 $53.70 $56.66

----------~-......----- - --· .

2011 2012 2013 ·-· - -·--- ···

$13.48 $14.22 $15.00

S26.S6

~2- }_9_, S59.n

$28.44 $30.00 - .. . $44.51 $46.96 . -·--··---·· -· . $_€)3_. 0?. - -.-- --~-6~.53

2014 . $15.83

2015

.S! ?-70 $31 .65 $33.39 ----· ···---

'" -~:~9.:.?.4 -· . - !~3-27 - ~0. 1~ ... --~!4.0~

2" .$125.24 $132.12 - .. . _ ... -~91.00 __ §~; ?2 · - .!!_01.0!!____ . ~-19~-Gi_.. __ --~~_?-~~ .. -----~-~ 1 ~}1 3" $205.00 - $215.8~ __ _E27. 74 ........ $240_-?.?.. . -~253.~-- - $26!. .. 42 . $282.1 3 · $297.64

4" ' $364.00 $383.29 $404.37

6" $820.00' ... - -----····· ... -- . $863_. ~6- _!9~ ~~s __

Volume Charge .. .. . .. • • . -. . - .. !st 10,000 gallons $2.80 $2.95 $3.11 ··-·- - --··--

10,001-2,000,000 $2.90 $3.05 $3.22

______ , _ ,, - ·-- .. •-•-•u~•• • • • ••• -· -

> 2,000,000

.. ....

---- ........ ·· ~ · -· ·•. . .. $? .4~ - S2.62 .S?- -?7

TRFActual

Monthly Service Charge_ .... __ ~~08_ ·- _2009 _ • ~0_!. 0 5/8"-3{4" $11.50 $12.10 $13.25 -- ···- --··--·-----·~· --~·... . ·-

1" $23.00 $24.20 $26.45 --------------~-. -- · .. .

1 1/4" $35.00 $38.00 $41.00 ·------------~ --- ~-.-

1 1/2" $51.00 $54.00 $59.00

2" $91.QO ____ _$_~~ :29 ... . $105.00 3" s2o~:9~ ... ~21s.qo . $235.00

4" - ~364.00 $383.00 ... $4 ~ 7 . 00 6" _ . s~~o.oo : ... _ __ sa~_o_o___ S940.oo

Volume Charge

1st 10,000 gallons .. __ .J~;~~ -- _ 10,001 - 2,000.000 $2.90

> 2,000,000 $2.49

$2.95

$3.05 $2.62

$3.15

$3.25

$2.8~ -

$426.61

$961.05 ~450.08 $47'!_.8~ .!591!:~? __ _

. ~1 ,013.91 -- $1 , 0?~:?~- - .1~ !1 f _8.51

$528.50

$1_ . ~_90.58

--·~------. ·~

$~.2~ ________ _!3.46 ---- --- §3..-6_~ - . - $3.85 $4.07 $3.40

$2.92

2011

$1~ -~~- - . $27.75

$43.00

$62.00

$110.00 • •. --• I

$247.00

$438.00

-~987.00

$3.59 $3.78 $3.99 $4.21 - ... -----~-~ .. ·-·~ · -· .. .. $3.08 $3.25 $3.43 $3.62

..;!'":· ~-.::.!:..:.~~ -----

2012 2013 2014 2015 --$14.62 -· . ~~?.:4_3 . -· _!'\_6.27-- -- - $17 1~ .. $29.20

$45.00

$65.00

$30.46 $32.13 $33.85 ---... --- ... - . - -- -$47.60 $50 .56

~·~ --~·· ~- -····· ~ ~-· ... ..... . $68.30 $72.70 ... ·-·· ...... . --~ .. --·- - --· .... . .. ... ..... ....

$116.00 $122.00 $129.00

$260.00 $274.00 $289.00 -~---- - ·-··

$52.58

$76.20

$135.00 $305 ,00

~461..-qo ,_ ~~~!.-90 . . S514.oo S542.oo

S1_ , Q3~.o~-. _S1,o~~og __ _ ~~~1??.-~ .• s1,21s.oo

$3.3~ - -. - -- -~3.57 ... .. ?~·~!.. ____ __ ~~·9_7 $4.19

$4.30

$3.75 $3.42_ . -- . $3:~~- • . - $~.87 -- .. . $4.08 $2.97 $3.19 $3.37 $3.55

2016 $17.62 $35.23

2017 $18.58

$37.17

2018 $19.61 $39.21

$5!'.14 __ ---~~-?~- }--~ . .. $61 .~8 $78.12 $82.42 $86.95

$139.39 $147.06 - ·-· ~ · - --- ---~-~ - ·--- --- -·--···-$314.01 $331.29

,.._ ~ ~ ., __ .. ·-~-·-· --$155.15

$349.51

$557.57 $588.23 $620.59 ". . --- · .. . S1 ,25~_.~6---~2!~~~: ~ :' . $1_,398.92

$4.29

$4.44

$3.81

$4.52 $4.69 - - .. .. $4.02

-·-=---~ --~.!~~=-.....;.:.-:-. · .. ---.. - -·

. $4.77

$4.94

$4.25

Page 54: THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY-DECEMBER 2…F0A915C0-82C2-43FC-93FF... · thief river falls city council agenda tuesday-december 2, 2014 ... dation to grant todd reed,

Ul .1::>

Residential Commercial Industrial Public City Total 2002 146,616,100 80,110,600 110,374,600 8,275,000 1,009,800 346,386,500 2003 156,352,700 82,659,600 113,650,300 9,031,000 2,214,000 384,107,600 2004 143,894,500 81,246,200 121,181,300 8,485,300 3,290,500 358,099,800 2005 143,919,300 82,774,100 116,695,900 10,091,200 4,067,500 357,548,000 2006 154,904,800 89,305,200 112,982,200 12,638,500 5,376,400 375,207,100 2007 142,273,800 75,509,600 105,473,900 10,180,500 3,261,200 336,699,000 2008 141,096,100 79,442,500 102,276,000 8,753,200 2,625,800 334,393,400 2009 139,040,200 81,104,900 99,822,700 7,676,500 2,904,800 330,348,900 2010 131 '786,900 76,203,500 94,666,500 7,137,200 2,906,700 312,701,100 2011 131,498,300 78,427,600 95,231,000 7,596,800 2,899,800 315,653,300 2012 134,699,300 79,124,200 98,590,400 9,379,100 2,960,700 324,753,700 2013 129,606,200 78,048,800 96,267,600 7,536,700 2,926,300 314,385,600 2014 132,621 ,247 76,931,847 115,867,047 6,158,900 2,897,300 334,476,342

Water Sales by Customer Class @0 ~--------------------------------------------.

!'! .B iii (!) Ill 1:

~ ~

Residential

... ~

50 ·--. ., -2002 2004 2001 200B 2&118 2G12 2014-

2003 2005 2807 2001 2011 2013

Commerdal

. ffi I i I .. A .. 80

70 .. 50

-~----~ *'.:' ;.. !~'.' ~.~ ~ -:~ ;.. r..:,; ~,......-: '., ,_..-· ·. . ~ -·~- ~·,..· ·::~-... ~~-:;{.' .. ·4;:~:::., ·~;;...-.~,, •· ~W!JJL .. ,.,..._ ~~. <-~.l.> .. __:____ - -::_ -~'

2DD2 2104 2000 2008 20'10 2012 201~ 2003 2005 2807 21101 2111 20'13

Public IS ;--------------------------;

.., 10~

! i· 1

Residential -­Commercial -Industrial ...

Public -City

-----Total -Industrial I

:p~, ·J """"" ? . taa "=" ~ j .. ,. ..

70 .., !0 I

2002 2004 2001 2008 2010 2012 20'J.4. I 2003 2005 2001 2000 2011 2013

City

ot---------~~~~~--__. oL-----------------------~ 2G02 20CW. 200& 2018 2010 20U 20'1-' 2002 2004 20M" 2DD8 2010 2012 20"14 2003 2005 20CJ7 2801 2011 201~ 2003 2005 2007 2001 an 2013

Page 55: THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY-DECEMBER 2…F0A915C0-82C2-43FC-93FF... · thief river falls city council agenda tuesday-december 2, 2014 ... dation to grant todd reed,

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

RESOLUTION NO.: APPROVAL OF WATER AND WASTEWATER RATE INCREASE EFFECTIVE WITH THE JANUARY 1, 2015 BILLING

A Public Utilities Committee recommendation was presented. Following discussion,

#7.01

Councilmember introduced Resolution No., being seconded by Councilmember ______ , that:

WHEREAS, a rate study completed in 2008 by Springsted, a consulting firm, recommended a 5.5% rate increase per year for I 0 years for both water and wastewater. This has been done but because the wastewater rates were low to start with, 5.5% does not generate enough of a revenue increase. The committee recommends a 1 0% increase in wastewater, which is still a reasonable 54 cents increase to the service charge and 10 cents per thousand on the usage charge. Water will stay at the planned 5.5% increase; and

WHERAS, increases are needed to fund the lime sludge project, sewer project upgrades that are mandated by MPCA, pump replacement, phosphorus management plan, sewer main re-lining, and bond payments.

THEREFORE, BE IT RESOLVED, that the following water and wastewater rates shall be in effect for January 1, 2015 billing until thereafter amended:

Determination of Rate: As provided by City Ordinance, the City shall determine the rate at which a customer is charged.

State Sales Tax: Where applicable, the water utility rates shown below are subject to state sales tax.

Monthly Service Charge: The monthly service charge is the minimum charge and is in addition to any volume charge. A customer served by more than one meter shall be billed a service charge for each meter.

WATER UTILITY RATES EFFECTIVE JANUARY 1, 2015 BILLING

Monthly Service Charge: Service Size 5/8" & 3/4" 1" 1-1/4" 1-112" 2" 3" 4" 6"

Charge $ 17.14 $ 33.85 $ 52.58 $ 76.20 $135.00 $305.00 $542.00

$1,219.00

55

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Volume Charge per 1,000 gallons: The volume charge, to be billed monthly, is as follows:

Usage Up to 10,000 gallons 10,001 to 2,000,000 gallons More than 2,000,000 gallons

Charge $4.19 per 1,000 gallons $4.30 per 1,000 gallons $3.75 per 1,000 gallons

WASTEWATER RATES EFFECTIVE JANUARY 1, 2015 BILLING

Monthly Service Charge Service Size

5/8" & 3/4" 1" 1-1/4" 1-112" 2" 3" 4" 6"

Charge

$6.20 $13.60 $21.08 $30.01 $52.92

$118.41 $210.41 $472.24

Volume Charge per 1,000 gallons: The volume charge, to be billed monthly, is as follows:

Usage Charge All gallons $1.10 per 1,000 gallons

BE IT FURTHER RESOLVED, by the City Council, to amend the 2014 Water Systems budget to reflect the proposed Water and Wastewater increases.

Presented at the December 2, 2014 Council Meeting

Introduced by:----- ------

Seconded by: - - ------- --

Roll Call (if required): Brown _Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _Schmalz_Sollom

Notes: -----------------------------------------------

56

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

1 #7.02 1

RESOLUTION NO.: APPROVE RATES AND FEES CHANGES EFFECTIVE JANUARY 1, 2015 AS PART OF THE 2014 BUDGET PROCESS

Angie Philipp, Finance Director, presented a recommendation. Following discussion, Councilmember introduced Resolution No., being seconded by Councilmember _______ , that:

WHEREAS, as part of the 2014 budget process all city departments reviewed their current rates and fees and recommended revisions to their respective council committees. Those rates and fees changes as approved by the committees are attached.

THEREFORE, BE IT RESOLVED, to accept the amendments to the City's rates & fees structure, effective January 1, 2015 as attached hereto and made a part hereof.

Presented at the December 2, 2014 Council Meeting

Introduced by: -----------

Seconded by: ______________ __

Roll Call (if required): Brown _Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _Schmalz_Sollom

Notes: --------------------------------------

57

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Level 75 3 ~$15.75 Level2 100 4 ~$17.25 Level3 150 6 ~2-11-18~ Level4 200 8 $24.-50$25.00 LevelS 250 10 $28.-W$29.00 LevelS 300 12 ~$32.75 Level7 350 12 $3&..2~$36.75 LevelS 400 12 $-4-M()$40.50 Level9 500 12 $47-:+Q$48.25

HARDSHIP CASES: 50 bags/year $9.75/month A consumer shall qualify for the rate for the next regular billing and thereafter while qualifying by filing a sworn or affirmed statement on forms supplied by the Utilities Billing Office:

A. That such consumer is 65 years of age or older, or handicapped, or physically disabled; and,

B. That such consumer is on a fixed income and that occupants of the household or housekeeping unit come within the following income and net worth standards:

1. Individual Occupancy: An individual with an annual income of less than $11 ,490.00; or

2. Double Occupancy: An annual income of less than $15,510.00. and,

C. That payment of the regular charge for refuse collection would be a hardship.

SENIOR CITIZEN MULTI-FAMILY: A refuse collection charge of $7.50 per month per housekeeping unit shall be added to, and billed with, the charge for electrical service to said housekeeping unit in residential facilities housing 60 or more consumers 65 years of age or older in a single complex with four or less pickup points. Bags per year- 37.

STICKERS (additional) : $5.00 plus tax

BAGS (additional): $1.50 plus tax

DUMPSTER RENTAL (For use by non-multiple housekeeping unit residents):

2 cubic yard dumpster $63.00 + $8.75/month 3 cubic yard dumpster $89.00 + $8.75/month 6 cubic yard dumpster $168.00 + $8.75/month (Dumpster rates are for twice a week pickup at 100% capacity) 3 cubic yard dumpster $2€h00$35.00 per dump 6 cubic yard dumpster ~$70.00-per dump

are available for a maximum of two weeks for customer

[ Formatted: Indent: Left: 5", First line: 1"

58

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52.05

conveni.ence of bags and sUckered Items)

COMPOST (Leaf/Grass): Free to sanitation customers and $3.00 per cubic yard for non-customers when available.

' ELECTRIC RATES (see below)

ELECTRIC RATES- Effective June 1, 2014 Billing State Sales Tax: Where applicable, the rates shown below are subject to State sales tax.

Customer Charge: The customer charge is the minimum charge and is in addition to any energy used.

Power Factor Correction: When required by the City, the customer shall provide power factor correction as follows.

Power Factor: The customer shall at all times take and use power in such a manner that the average power factor shall be as near 100% as possible.

1. After the customer's power factor has been determined by the City, the City will not be obligated to take additional readings until the customer has taken action to correct his power factor.

2. The City may take power factor readings at its discretion.

3. The customer shall correct the power factor to a minimum of95%.

Power Factor Correction Charge:

Power Factor Below 95%. Any establishment where the power factor is below 95% will be required to correct same to a minimum of 95%. An additional charge will be added to the customer's monthly bill according to the following until the correction has been made:

95% to 100% P.F. 85% through 94% P.F. 0 through 84% P.F.

No additional charge 4% additional charge 5% additional charge

Transformer discount: A customer who owns a transformer metered at primary voltage may receive a 1% (one percent) discount offthe net billing for service.

Determination of Rate: As provided by City Ordinance, the City shall determine the rate at which a customer is served. The City may combine multiple meter readings into one reading and treat the combined reading as one meter. The City may use submeters and subtract meter readings and treat the readings as a separate meter.

59

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Surcharge: A surcharge of$0.004 per KWH will be included in all KWH sold to the City's electrical customers.

Rate Rl. Electric Residential Service -All Purpose Uncontrolled.

A. Availability. The following rate shall be charged and collected for the use of electricity for light and power in private residences and in all flats and rooms used solely for private residence purposes on an uncontrolled basis (without a City provided load control device).

B. Rate No. R1 (Software Billing No. 1)

Customer Charge:

Energy Charge:

For the first 1,500 KWH's per month

Excess KWH's per month

$8.70 per month

9.23 cents/KWH

10.42 cents/KWH

Rate R3. Electric Residential Service- DuaJ FucJ - 100% ControUcd.

A. Availability. Closed to new customers after January 1, 2011.

Available to customers served prior to January 1, 2011. A customer that is on Rate R3 and is served at another residential rate will not be served by Rate R3 again. For space heating with/without electric water heater installations. In order to qualify for Rate R3, 100% interruptible electric heating rate, the customer must agree that electric heat and electric water heater shall be controlled on an interruptible basis without notice and that the customer shall have an alternate source of heat acceptable to the City. The alternate heating source shall heat the residence for an indefinite period of time.

B. Rate No. R3 (Software Billing No. 3)

Winter Months (Bills due in November, December, January, February, March, April, May and June)

Customer Charge:

Energy Charge: (With load control- 100%) For the first 1000 KWH's per month Excess KWH's per month

$8.70 per month

9.23 cents/KWH 5.40 cents/KWH

Summer Months (Bills due in July, August, September and October) The rate shall be Rate R 1.

60

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Rate R4. Electric Residential Service- Residential Heating Dual Fuel -100% Controlled - Separately Metered.

A. Available to all present and future space heating installations that are separately metered. In order to qualify for Rate R4, 100% interruptible electric heating rate, the customer must agree that electric heat and electric water heaters shall be controlled on an interruptible basis without notice and that the customer shall have an alternate source of heat acceptable to the City. The alternate heating source shall heat the residence for an indefinite period of time. This meter may be a submeter.

B. Rate No. R4 (Software Billing No.4)

Customer Charge:

Energy Charge: (With load control- 100%) All KWH's per month

RateCH3. Commercial Heat- 100% Controlled

$4.35 per month

5.40 cents/KWH

A. Availability. Available only for customers with electricity as the primary heat source. Available to commercial heating service installation supplied through a separate meter for the use of electric energy in all establishments other than that used solely for residential purposes. The customer must agree that electric heat and electric water heaters shall be controlled on an interruptible basis without notice and that the customer shall have an alternate source of heat acceptable to the City. The alternate heating source shall heat the facility for an indefinite period of time. This meter may be a submeter.

B. Rate No. CH3 (Software Billing No. 13, 30)

Winter months (Bills due in November, December, January, February, March, April, May and June)

Customer Charge:

Energy Charge: (With 100% Load Control) All KWH's per month

$22.25 per month

5.40 cents/KWH

Summer Months (Bills due in July, August, September and October) The rate shall be Rate C l.

Rate Cl. Commercial - General Service

A. Availability. Available to commercial customer for single phase or three phase electric service supplied through one meter. For the use of electric energy in all churches and in all buildings, stores, offices, manufacturing plants, and other places occupied for business or commercial and manufacturing purposes and for any other use other than residential.

61

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B. Rate No. C I (Software Billing No. 14, 31 and 32)

Customer Charge:

Energy Charge: For the First 1000 KWH's per month Excess KWH's per month

Rate CG 1. Commercial, with Standby Generation.

$22.25 per month

10.80 cents/KWH 9.10 cents/KWH

A. Availability. Available in the City to any commercial, industrial, and institutional customer for single or three phase electric service supplied through one meter. For the use of electric energy in all churches and in all buildings, stores, offices, manufacturing plants, and other places occupied for business or commercial and manufacturing purposes and for any use other than residential.

B. To qualify, the customer shall provide:

1) A standby generator sized to provide capacity sufficient to supply the power and energy for the customer's total electric load; 2) The customer's load factor shall be acceptable to the City; 3) The customer's generator shall be controlled by a load control device furnished by the City and installed by the customer at the direction of the City. 4) The generator shall be sized and capable of providing the customers energy for an indefinite amount of time. 5) The customer shall be billed for any coincidental demand the customer has connected.

C. Rate No. CGI (Software Billing No. 19, 20, and 25)

Customer Charge:

Coincidental Demand:

Winter demand Summer demand

Energy Charge: All KWH's per month

Coincidental Billing Demand:

$22.25 per month

$10.54/KW $ 6.56/KW

6.02 cents/KWH

Winter: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from December 1 through April 1 during Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April 1 stto March 31st of the following year.

Summer: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from June 1 through October 1 during

62

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Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April 1st to March 31st of the following year.

D. As an alternative to operating the generator for certain designated control periods, the customer may pay an additional charge per KWH for the hours designated as control hours. The customer shall make a written "Buy Through" agreement as provided by the City for this service.

E. Primary Service Discount. Customers receiving service at primary distribution voltage may receive a 2% (two percent) discount off the net billing for service.

Rate 11. Industrial - General Service Rate

A. Availability. To commercial and industrial customers for combined lighting and power purposes. Service will be rendered at the utility system standard secondary voltage, single or three phase, or at a primary voltage. Special voltage transformers for lighting and other purposes shall be owned and maintained by the customer.

B. Rate No 11 (Software Billing No. 15, 16, 33, and 34).

Customer Charge: $22.25 per month

Demand Charge: Kilowatts demand $ 14.66/KW

Energy Charge: All K WHs per month 5.75 cents/KWH

C. Primary Service Discount. Customers receiving service at primary distribution voltage may receive a 2% (two percent) discount of the net billing for

the service.

D. Determination of Demand. The maximum demand in kilowatts for billing purposes shall be the greatest 15 minutes demand load during the billing period for which the bill is rendered.

E. Power Factor Correction. Power Factor Correction may be required as described above.

Rate 12. Industrial - Controlled

A. Availability. Closed to new installations.

Available in the City to any commercial, industrial, and institutional customer as single business establishments for all power and lighting requirements, when all service hereunder is provided through one meter to determine the general service

63

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demand, annual system coincidental billing peak demand and energy, all at a single point of entry.

B. Applicable. To commercial, industrial, and institutional customers for combined lighting and power purposes. Service will be rendered for combined lighting and power purposes. Service will be rendered at the utility system standard secondary voltage, three phase, or at primary voltage designated by the utility system at the service voltage available in the area for the size oftoad to be served. Special voltage transformers for lighting and other purposes shall be owned and maintained by the customer. Load control receivers will be furnished by the City and installed by the customer.

C. Rate No. I2 (Software Billing No. 17, 18, 19, 35, 36, and 37). (Closed to new installations)

Customer Charge: $22.25 per month

General Service Demand - Uncontrolled $0.43/K.W

Coincidental Demand: Winter Demand Summer Demand

$10.54/KW $ 6.56/KW

Energy Charge: All KWH's per month 5.75 cents/KWH

General Service Demand- Uncontrolled: The maximum demand in kilowatts for billing purposes shall be the

greatest I 5 minutes demand load during the billing period for which the bill is rendered.

Coincidental Billing Demand:

Winter: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from December 1 through April 1 during Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April l'tto March 31stofthe following year.

Summer: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from June I through October l during Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April 1st to March 31st of the following year.

D. Primary Service Discount. Customer's receiving service at primary distribution voltage may receive a 2% (two percent) discount off the net billing for service.

E. Power Factor Correction. Power Factor Correction can be required as described above.

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Rate 13. Industrial

A. Availability. Available in the City to any commercial, industrial, and institutional customer as single business establishments for all power and lighting requirements.

B. Applicable. To commercial, industrial , and institutional customers for combined lighting and power purposes. Service will be rendered for combined lighting and power purposes. Service will be rendered at the utility system standard secondary voltage, three phase, or at primary voltage designated by the utility system at the service voltage available in the area for the size ofload to be served. Special voltage transformers for lighting and other purposes shall be owned and maintained by the customer.

C. Rate No. 13 (Software Billing No. 19, 22, 24, 37, 38, and 39).

Customer Charge:

General Service Demand

Controlled Coincidental Demand: Winter demand Summer demand

Energy Charge: All KWH's per month

General Service Demand:

$22.25 per month

$1.75/KW

$10.54/KW $ 6.56/KW

6.26 cents/KWH

The maximum demand in kilowatts for billing purposes shall be the greatest 15 minutes demand load during the billing period for which the bill is rendered.

Coincidental Billing Demand:

Winter: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from December 1 through April 1 during Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April 1st to March 31st of the following year.

Summer: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from June I through October 1 during Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April 1st to March 31st of the following year.

D. Primary Service Discount. Customers receiving service at primary distribution voltage may receive a 2% (two percent) discount off the net billing for service.

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E. Power Factor Correction. Power Factor Correction can be required as described above

Rate El. Geothermal System Rate.

A. Availability. The following rate shall be charged and collected for the use of electricity for power to operate a separately metered geothermal system. This meter may be submeter. (Without a City provided load control device).

B. Rate No. E 1 (Software Billing No. 8, 9, and 19)

Customer Charge:

Coincidental Demand:

Winter demand Summer demand

Energy Charge: All KWH's per month

Coincidental Billing Demand:

$4.35 per month

$10.54/KW $ 6.56/KW

4.89 cents/KWH

Winter: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from December 1 through April 1 during Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April I st to March 31st of the following year.

Summer: In no month shall the demand to be billed be less than the greatest demand in kilowatts registered from June 1 through October 1 during Northern Municipal Power Agency and Minnkota Power Cooperative, Inc.'s controlled coincidental billing demand periods. To be in effect for one year from April 1st to March 31st of the following year.

Automatic Protective Lighting

A. Availability. The City will install and maintain luminaries upon private or public property for the purpose of protective lighting for a customer at the discretion of the City. The installation of the cable, pole and controls not on the luminaire are the responsibility of the customer.

The City shall bill the customer the cost of labor and such material that is not part of the luminaire and mounting arm for the luminaire.

DESIGNATION OF LAMPS

MONTHLY CHARGE

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50.02 54.12 A

50.25 52.08 c

53.16 c

53.17 J

53.35

53.36 B

53.38

175 Watt Mercury Vapor 250 Watt Mercury Vapor

$ 6.65 $11.34 $ 6.55 $ 8.39 $13.45 $17.87

100 Watt High Pressure Sodium 150 Watt High Pressure Sodium 250 Watt High Pressure Sodium 400 Watt High Pressure Sodium

B. Alternatives. Other sizes and types may be available upon request. Prices shall be established by the Utilities Committee. Only high-pressure sodium luminaries shall be available for new protective lighting.

. RECONNECTION $25.00 per disconnect and $175.00 per reconnect after regular FEE business hours.

METER TESTING $25.00. Refunded if meter is not within 3% accuracv. ·sERVICE By individual annexed area. TERRITORY FEE

WASTEWATER PRIVATE WASTEWATER DISPOSAL PERMIT & INSPECTION RATES& FEES FEES: $50.00

WASTEWATER SERVICE CONNECTION FEE: $25.00 Annual

(effective February I, SEWER SERVICE- METERED. Applicable to sewage contributors 2014 billing) discharging domestic strength waste (or less) into the sanitary sewer

system; and applicable to Significant Industrial User discharging wastewater into the sanitary system together with other charges that apply to Significant Industrial Users:

5/8" & 3/4" ~6 10% Increase on 1" $~ Sewer Service 1-114" $+M8

1-112" ~ 2" $4+.9+ 3" <I! I 1\'7 It:

4" $~ 6" $~~

VOLUME CHARGE: The volume charge, to be billed monthly, is as follows: $1.00 per 1,000 gallons.

SERVICE - UNMETERED: Unmetered service shall be furnished at the charges set for the appropriate meter size charge, plus 6,000 gallons at the charges shown in the volume charge. If it is determined by the City that usage is in excess of 6,000 gallons per month, an additional charge as shown in the volume charge shall be made for any estimated additional usage as determined by the City.

MULTIPLE USERS: Individual Basis.

LABORATORY TESTING FEE: $25.00 per sample tested.

{ Formatted Table

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I I I I I

I I

53.39 B

53.39 c

53.39 D

53.39 E

53.39 F

53.39 G (2)

53.39 H

Ch54 (50.02)

54.12 B

WATER RATES

(effective February 1, 2014 billing)

5.5% Increase on Water Rates

PUBLIC SANITATION SEWER CONNECTION PERMIT FEE $50.00

RESIDENTIAL & COMMERCIAL SERVICE LINE PERMIT & INSPECTION FEE- New Buildings $50.00

RESIDENTIAL & COMMERCIAL SERVICE LINE PERMIT & INSPECTION FEE- Modification to Existing Line $25.00

INDUSTRIAL SERVICE PERMIT & INSPECTION FEE- New Building $55.00

INDUSTRIAL SERVICE PERMIT & INSPECTION FEE -Modification to Existing Line $25.00

SANITARY SEWER CONNECTION CHARGE- in lieu of special assessments: $18.00 per benefited front foot of the property to be connected, or the actual per benefited front foot project cost if higher.

DRAINAGE SYSTEM IN SANITARY SYSTEM FEES: $35.00/month -Residential $1 00.00/month -All other users

Determination of Rate: As provided by City Ordinance, the City shall determine the rate at which a customer is charged.

State Sales Tax: Where applicable, the water utility rates shown below are subject to state sales tax.

Monthly Service Charge: The monthly service charge is the minimum charge and is in addition to any volume charge. A customer served by more than one meter shall be billed a service charge for each meter.

Monthly Service Charge: Service Size

5/8" & 3/4" 1" 1-114" 1-112" 2" 3" 4" 6"

Charge $ ~

$ ~~ $ ~ $ ~ $.~ $289.00 ~

$~

Volume Charge per 1,000 gallons: The volume charge, to be billed monthly, is as follows:

Usage Up to 10,000 gallons 10,001 to 2,000,000 gallons More than 2,000,000 gallons

Charge $3.97 per 1,000 gallons $4.08 per 1,000 gallons $3.55 per 1,000 gallons

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54.12 c DISCONNECT CHARGE: ~$50.00per disconnect

54.13B WATER CONNECTION PERMIT FEE: $50.00

UNMETERED SERVICE CHARGE: Individual Basis

TANKER FILL VOLUME CHARGE: ~$10.00 per 1,000 gallons

WATER CONNECTION CHARGE IN LIEU OF SPECIAL ASSESSMENT:

I $18.00 per benefited front foot of the property to be connected, or the actual per benefited front foot project cost if higher.

WATER MAIN TAPPING FEE: $75.00

74.13 (B) A TV Permit Fee $7.W10.00 for a 3l£ear 11ennit

~

91 .42A·B WEED/GRASS Actual cost incurred by City plus $10.00 administrative/ processing REMOVAL fee per each mowing.

I 91 .64 B OPEN BURNING $0 PERMIT FEE

I 92.041 B STREET/SIDEWALK/ $0 fee removed effective 1/1/201 0

CURB&GUTIER CONSTRUCTION PERMIT FEE

;• ' 92.052 c DELAY PENALTY $25 per day

-92.055A EXCAVATION $0 fee removed effective 1/1/201 0

PERMIT FEE

92.055 B OBSTRUCTION $30.00 plus $.03 per linear foot. PERMIT FEE

c .. ~

92.056 F DEGRADATION FEE $0 fee removed effective 1/1/2010

" 92.093 PARADE PERMIT $20.00 FEE

I 94.01 F DOG/CAT RELEASE $.~first day- $7.50 per each following day PERMIT

94.02 B1 DOG/CAT LICENSE Neutered $G,O'G$7.00 Non-Neutered $HMl0$12.50

94.02B3 DUPLICATE $2.50 LICENSE FEE

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I 110.03 F DUPLICATE $2.00 LICENSE FEE

I ' 110.25 D JUNK DEALER'S $45.00 ANNUAL

LICENSE

110.26 C1 SEWAGE HAULING ~ $50.00 ANNUAL plus ~~Q..pel'40~alloAs$50.00 per 500 LICENSE gallons

110.27 C1 SHOW LICENSE $10.00 ANNUAL (THEATER)

I 110.27 C2 SHOW LICENSE $75.00 PER DAY (CARNIVAUCIRCUS)

-110.28 c PUBLIC DANCE $20

T ~

110.31 D PAWN BROKER'S $40.00 ANNUAL LICENSE

111.017 LIQUOR LICENSE - $50.00 for On-Sale lntoxicaling Liquor License INVESTIGATION FEE $20.00 for 3.2 Malt Liquor License

111.030 D ON-SALE WINE $250.00 LICENSE-ANNUAL

111.051 D CLUB LICENSE FEE $300.00 for a club with a membership of 200 or less. -ANNUAL $500.00 for a club with a membership over 200.

111.052 A3 CONSUMPTION & $100.00 DISPLAY LICENSE FEE-ANNUAL

I 111.052 83 CONSUMPTION & $25.00 DISPLAY LICENSE FEE-ONE DAY

I 111.066 A ON-SALE 3.2 $250.00 LICENSE FEE -ANNUAL

I 111.066 B OFF-SALE 3.2 $100.00 LICENSE FEE -ANNUAL

I 111.070 c 3.2 LIQUOR LICENSE $20.00 PER DAY FEE -TEMPORARY

I 111.081 A ON-SALE $2,800.00 INTOXICATING LIQUOR LICENSE

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ANNUAL

I .l "

111.081 A ON-SALE SUNDAY $200.00 INTOXICATING LIQUOR LICENSE -ANNUAL

1- 111.085 c ON-SALE $25.00 PER DAY INTOXICATING LIQUOR LICENSE @ CITY OWNED FACILITY

I -- -111.086 D INTOXICATING $35.00 PER DAY

LIQUOR LICENSE -TEMPORARY

I - ·~,. J " 112.04 TOBACCO LICENSE $ 150.00 Annual FEE

I ~j '~! '

112.99 B3 TOBACCO By individual offense VIOLATION ADMINISTRATIVE FEE (Minors)

I 113.04 TAXI LICENSE FEES The annual license fee for the operator's first conveyance is $30.00 and the annual license fee for each additional conveyance operated under the license is $25. Provided, however, that if a license vehicle is disabled through mechanical failure or for needed repairs, the license may be temporarily transferred to another conveyance for a seven-day period upon approval by the City.

150.02 c BUILDING PERMIT +Ae-I*JIIdiAg-Perm il'-F"ee-sl=la~pan-ll=le-estimatefl oosk>l FEES the seAstruetion.

$-1-.00 to 1500.00: iHi.99

.f51J.1-,00-te-$2.;000..00-$.1~foHI:!e-fiFSI-Si500.GQ:g.!~Q-fer-e-asJ:I addilional~-eF-fFasl~~~~oo,oo,

121{)04.-{)0-t()-$26.000..0 (}..$45. O(}.fof-tile-fiFSt $2,00MQ-~ltis-$9;{)0-for

eash-ad~onai-Si~r-.fFastieR !.J:lereal, I~IRg $25,9Q9.99.

~~G-1--.00-ta $~MJothO{I-i2!ia .oo for !he lirst §i2!i ggg_gg f!lus ij!€Ui9 fer-eaOO.-addiliOAal-$-1-;GGQ..-00-ef-h:aGiion-theroof;-W-a AG-ffiskid!Ra §OMQ~

S60,004-.-00.to-l1{10,.fl00-.~0I'-tl=le-flfSI-$5Q:OOQ.Q9-t>lus ~Q..fel'-eaGh-adailiana!:U&09,00-er fFaGiien-lhereefclo-and ineluelina $199,000.0(}.

~0!M!():I..{)0-to-$50(),{)0~he-liFSt-$4G~OOMQ-I!kiS $&-60 faF e~sl=l aeleliHeRal S1,QQQ.QQ ~Ffru~lian-ttleR:ief Ia aRa iRG!tJdina-$69(}.QQQ,.QQ,

71

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5600&01.00 to;i:hOOO,OOO.OO-S2..o39.JiO-far-the-firsl-S500,00MO I'!IIJG-~~i~OO-additionai-SMOO.OO..of.fraotioMhereo~.-to--and iAGiud i!lft$MOMO~

i1,000,0~0-and u~ ;!3,539 . .00-foF-II:!e-llrst ;i~O;OOO.OO j!lus SMO-for-eaGA-a4Eiiliooai-$.MJG~a§!jGA-111eA:~&h

Ql=HiR INSPiGl=IQN AN!:> FiiS:

lns~stions--aulsiee-of-Aermal-t!usiges~uFS IRJi~af-GI:Iarqe.} $30,00-oeF-RGUr-!

Re-insaestiQ!l-fe~&&e!!§§~MeF-Q~i~!.!&-ef-Se~!il $30.0Q-petl"lour-!

lnsoeGtiQFIS-fOF-Which41o-fee-is-sQeGifiGall~ndisaled-ffilin.-~

~ S3(H)Q.per--Roor-!

Aeditienal::f!laR-review-reguired bv-GI:tan~&c-additi~evi&fons-te aeera~Jee elans (min. 1~ hr shame) ~f-!

!Gr-tfle.-total-ooul'1l1-oo&~he-j~Misdistio~l=liehever464he-<lreatest., +nis-£est-&Aall-inslliEle-&UoeN isiOIH:Iverllea~ui!!meni;-Aour!.Y wage~nd-fr:inge-beRe1ils-ef-tl:le-eRJQ~ees-lAvolve4

Review of Commercial Plan Fee: A fee of 65% of the cost of the Building Permit Fee shall be charged for review of building Qlans, SQecifications, and related documents submitted.

I Review of Residential Plan Fee. A fee of 25% of the cost of the Building Permit Fee shall be charged for review of building Qlans, SQecifications, and related documents submitted.

See Below - Extracted from 1994 Uniform Building Code

TOTAL VALUATION FEE . ( Formatted: Tab stops: 2.5", Left

$1.00 to $500 $21.00

$501.00 to $2,000.00 $21 .00 for the first ~500.00 J2lus ~2. 75 for each addiliQnaj ~100 .00, or fraction lhereof, to and including $2.000.00

~2,001.00 to $25,000.00 $62.25 for the first $2.000.00 ~Ius $12.50 for each additional ~1.000.00, or fraction thereof, to and including $25,000.00

,1!25 ,001 .00 to ~50.000.00 $349.75 for the first $25,000.00 glus $9.00 lor each additional ~ 1 ,000.00, or fraction thereof, to and including $50,000.00

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$50,001.00 to $100,000.00 $574.75 for the first ~50,000.00 [llus $6.25 for each additional ,1! I ,000.00, or fraction thereof. to and including $100,000.00

~ .1 00,001.00 to $500,000.00 $887.25 for the first $100,000.00 Qlus $5.00 for each additional ~ 1,000.00, or fraction U1creof. to and including ~500.000.00

$500.001.00 to $LOOO,OOO.OO $2,887.25 tor the first $500,000.00 glus $4.25 for each additional ~1,000.00, or frn~,;tion thereof, to and including $1,000,000.00

$1,000,001.00 and UR ~5,0 12.25 for the first~ 1,000.000.00 glus $2.75 for ea~h additional $1,000.00. or fmction tl1ereof

Other Ins(!ections and Fees: 1. Ins[lections outside of normal business hours .................. $42.00 Qer hour* 2. Reinsuection tees assessed under grovisions of SccLion 305.8 . . ... . .. ........ .. . .... . ... . . .. ... ......... $42.00 12er hour* J . fnsQcclions for which no fee is S(;!eci lically indicated .. .. .... . ... ~42.00 ~r hour* (minimum charge- one-half hour} 4. Additional (!ian review reguired bl:: changes, additions or revisions to olans . . . .. .. .. . . . ....... . ........ .. ... . . . .. $42.00 Qer hour* 5. For use of Qutside consultants for glan checking and inspections, or boU1 .. . . ... . ... .. ...... ..................... Actual costs **

• Or the total hourly cost to the iurisdiction, whichever is the greatest. This cost shall include supervision, overhead. eguimnent, hourly wages and fringe benefits of Lhe emQloyees involved.

**Actual costs include administrative and overhead costs

MECHANICAL CODE Commercial S~stems {Effective 6/1/05} INSPECTION FEES .0025 times the value of the mechanical system with a $25

minimum charge.

Residential S~stems {Effective 9/1/05} New Construction $25.00 Replacement $15.00

PLUMBING PERMIT $50.00 for the first 10 fixture openings, plus $5.00 for each additional FEES fixture. ENCROACHMENT $150.00 ($50.00 of which will cover the City's cost of recording the PERMIT permit with the County Recorder's Office). See Resolution No. 10-

214-11. ~

150.02 D MANUFACTURED $25.00 HOME PERMIT FEE

I 150.02 E DEMOLITION $25.00 Garage/Small Accessory Building

PERMIT FEE $50.00 House $100.00 Commercial ,,

150.03 E MOVING PERMIT $25.00

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FEES

152.052 C3 HOME $25.00 OCCUPATIONAL PERMIT FEE

152.090 c TEMPORARY SIGN $10.00 per application PERMIT

~

152.090 c SIGN PERMIT FEE $1 00.00

,_. ·-~~~:-;r;Jr. ~~--.,;.w;;···.~ _:T'-"" :f, .. t:s.:v: na·• .. ••·· .. ·~-' >..:.A'ic-~...: "-~.1: ,::;,_- .... ~~~nl

111.020 LIQUOR LICENSE BY ORDINANCE ..... $20.00 DUPLICATES

111.119 81 LIQUOR BY ORDINANCE $ 75.00 First Offense COMPLIANCE $200.00 Second Offense CHECK VIOLATIONS $250.00 Third Offense -LICENSEES

111.119 82 LIQUOR BY ORDINANCE $ 75.00 First Offense COMPLIANCE $200.00 Second Offense CHECK VIOLATIONS $250.00 Third Offense -OTHERS

112.99 81 TOBACCO FINES BY ORDINANCE $ 75.00 First Offense ADMINISTRATIVE $200.00 Second Offense -LICENSEES $250.00 Third Offense

112.99 82 TOBACCO FINES BY ORDINANCE $ 50.00 First Offense ADMINISTRATIVE- $100.00 Second Offense OTHERS $150.00 Third Offense

151.22 PRELIMINARY PLAT BY ORDINANCE $300.00 FILING FEE

152.149C1 VARIANCE FEE BY ORDINANCE $150.00

152.150 81 APPEALS FEE BY ORDINANCE $50.00

151.66 C1 PLAT VARIANCE BY ORDINANCE $50.00

152.147 82 ZONING BY ORDINANCE $1 50.00 AMENDMENT

152.087 J REMOVAL OF BY ORDINANCE $1 per sign removed by City POLITICAL SIGNS

152.148 E1 CONDITIONAL USE BY ORDINANCE $150.00

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Search

Y. Section 36" square 100 scale 11"x 17" 8W'x11"

City Map (600 scale blue line) City Map (300 scale blue line) City Map (300 scale assembled) City Map ( Y. Section - Digital)

Aerial Photo (Digital Y. section)

Digital One Line

search

Duplicate $25 per duplicate satisfaction Satisfaction Of Mortgage Fee

Liquor- Kegs Deposits: Beer Kegs Root Beer Kegs Te,!!ppers

requests for officers not covered elsewhere:

$20.00 $30.00 w/aerial $0 fee removed effective 1/1/2010 $0 fee removed effective 1/1/2010

$10.00 $20.00 $30.00 $30.00

$30.00

$1,500.00

$30.00 per keg $10.00 per keg $W,00$60.00 per te,!!pper

$325.00 $440.00 $200.00

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Motor Grader w/Operator Case Loader w/Operator Case Loader w/Biower & Operator Tandem Truck w/ Operator

Electric Digger Truck Department Bucket Truck Equipment Large Trencher Fees Small Trencher

Vac Tron Backhoe Front End Loader Dump Truck All Pickups Hydraulic Crimper Hi Pot Air Compressor

Parks & See below Recreation Fees

Arena Advertising Dasher Board - REA Dasher Board - HOMCC Backlit Sign - REA (2) Backlit Signs - REA Players Boxes- REA/HOMCC Vomitory- REA (4) Vomitory Entrances In-Ice Logo (2 logos)- REA In-Ice Logo (21ogos)- HOMCC Red & Blue Lines (4 Blue & 2 Red Lines) Zamboni Side - REA Zamboni Top- REA Zamboni Side - HOMCC Zamboni Top- HOMCC Scoreboard 22"x96" - HOMCC Scoreboard 34"x70"- HOMCC Scoreboard 24"x36" - HOMCC Scoreboard 24"x35" - HOMCC Scoreboard 24"x20" - HOMCC

Advertising Packages REAIHOMCC Red Line Special

1 backlit @ REA 4 dasher boards @ REA 4 dasher boards @ HOMCC

$5,600 value

Hat Trick Package 1 backlit @ REA 1 in-ice logo @ REA 1 board@ REA

$4,850.00 value

$ 65.00/hour $ 65.00/hour $ 85.00/hour $ 52.00/hour

$1 00.00/hour $100.00/hour $ 70.00/hour $ 45.00/hour $ 40.00/hour $ 80.00/hour $ 60.00/hour $ 55.00/hour $ 45.00/hour $ 35.00/hour $130.00/hour $ 40.00/hour

$ 850.00 $ 350.00 $1,500.00 $2,550.00 $1,250.00 $ 500.00 $1,800.00 $2,500.00 $1,000.00 $ 900.00 $1,000.00 $1,000.00 $ 250.00 $ 250.00 $ 500.00 $ 250.00 $ 200.00 $ 150.00 $ 100.00

$4,760.00

$4,500.00

,,

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Major Boarding Package 4 boards @ REA 2 boards @ HOMCC

$4,100.00 value

Prowler Package 2 boards @ REA 2 boards @ HOMCC 1 backlit @ REA

$3,900.00 value

Blue Line Special Package 1 backlit @ REA 1 board@ REA 1 board @ HOMCC

$2,700.00 value

Assist Package 1 backlit @ REA 1 board@ REA

$2,350.00 value

Minor Boarding Package 1 board@ REA 1 board @ HOMCC

$1,200.00 value

$3,750.00

$3,500.00

$2,400.00

$2,100.00

$1,000.00

Notes: 1) 2) 3)

A 5% discount will be applied for full payment with signed contract; Productions costs are responsibility of advertiser; and Installation will be done by City staff.

ARENA RENTAL

Public Service & Not-For-Profit Events: HOMCC

Commercial and For-Profit Events: HOMCC REA Concourse REA Arena Floor (200'x85')

Use of Concourse and Floor Dry Floor Installation/Removal

REA (sliding scale): First 10 Days Next 10 Days Following 10 Days

Damage Deposit equal to one day's rent.

Stage Rental (setup included) Dance Floor Rental (setup included) Kitchen Rental Dishes Rental

$125.00 per day

$ 500.00 per day $ W!MlG550per day $ WG,00550 per day $~,0GKhG01 , 1 00perday $7~$800perday

$ 4-;00G1, 100 per day $ +WBOO per day $ &00550 per day

$ 250.00 $ 250.00 $ 50.00 $ 50.00

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Dakota Clinic Hospital ity Room, Lobbv and Press Box Public Service & Not-For-Profit Events:

Monday-Friday during business hours Before or after business hours:

hour Commercial & For-Profit Events:

Na-GAarge$25.00 $2MO $50.00per

$100.00 Full Day (6-12 hours) -Hal~le-S-IlGllffi)------------------lHiWJ~

Public Service & Not-For-Profit Events: Entire Room Half Room

• Renter must set-up and clean-up

IMPERIAL ROOM

• REA has first right of refusal on catering

Commercial and For-Profit Events: Day One: Entire Room Half Room

Day Two: Entire Room Half Room

Day Three and After: Entire Room Half Room

Full Room Hourly Rate (minimum 2 hrs.) Half Room Hourly Rate (minimum 2 hrs.)

Tables & Chairs Set Up - Full Room Tables & Chairs Set Up - Half Room Chair Covers

WEDDINGS:

$325.00 $225.00

$ 650.00 $ 450.00

$ 600.00 $ 400.00

$ 550.00 $ 350.00

$ 110.00/hr $ 55.00/hr

$ 250.00 $ 125.00 $ 1.50 each

Imperial Room $ 650.00 • Imperial room rental includes: stage rental for 14 people on east wall and dance floor

rental on north wall, kitchen and dishes.

Arena Floor Wedding $1 .000.00 • Floor rental including. stage rental for 14 people on west wall. kitchen and dishes. Cl f ice Is

installed there will be an additional drv noor installation cbarnel

Saturday Deliveries before 3.00 p.m. $ 50.00 per hour ..

• To reserve the room, a deposit of 50% of which $75.00 is non-refundable is due upon signing of the "Imperial Room Rental Agreement" and the remaining 50% is due 30 days prior to the start of the event. A full refund minus the non-refundable deposit will be granted if the City is notified at least 1 year prior to the scheduled event that the event has been cancelled. If the City is notified within 6 to 12 months that your scheduled event has been cancelled, 50% of your down payment minus the non-refundable deposit will be returned.

• The City of Thief River Falls does not allow for off-site rental of any property.

Formatted: Indent: Left: 0.25", Tab stops: 5.38", Left + Not at 5.5"

Formatted: Tab stops: 5.38", Left+ Not at 5.5"

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Relocation of dance floor or head table stage or additional seating at head table: seats (up to 22 people) $ 50.00 each

Damage Deposit equal to one day's rent.

Notes: • All groups will be required to sign a written agreement for use of the arenas, which will

include a responsibility clause. • Air Quality Control Fee: Effective 10/1/97, a fee of $250/motorized event will be assessed

to the renter in addition to the rental fee. This fee must be paid to the MN Department of Health 30 days prior to the date of the event (i.e. internal combustion engine vehicles or equipment such as trucks, midget cars, motorcycles, or snowmobiles).

HOMCC REA Public Skating Open Hockey Skate Sharpening Season Skating/Open Hockey Pass (Adult)

ICE RENTAL

Season Skating/Open Hockey Pass (StudenUSenior Citizen)

Birthday Party 1 hour of ice and use of the DCHR for 2 hours

REA Walking Program: Adult Senior Citizen (60 and over)

Suite 1 Rental During Prowler hockey games. Includes admission, non­alcoholic beverages and food items to serve a maximum of 24 people. Admission is not included during play-off games.

YOUTH BOYS/GIRLS BASEBALL: 7 year olds 8 and 9 year olds 10, 11, & 12 year olds

Tennis

Men's Hockey League (Includes 12 weeks of ice)

Baseball Association Weekend Tournament Fee

Girls Fastpitch Weekend Tournament Fee

Softball Men's Slowpitch Woman's Slowpitch Weekend Tournament Fee

Chalked Field Rental

$125/hr - Non Resident $100 - Resident• i150lhr - Non Resident $125 - Resident•

$2.00/child $3.00/adult $2.00/child $3.00/adult

$3.00/pair $60.00 $50.00

~~season $2MO-lliseason

$300.00 per event

$6(),00$65.00 $6§,00$70.00 $1(}-.-00$75.00

~$65.00

$559,00$675.00/team

~2+.00$30.00/player

$300.00 m S30.00/player

$300.00

$24M0$265.00/team S24MQ$265.00/team

$300.00

$35.00 per field

Formatted: Tab stops: 0 .19", Left + 4", Left + Not at 0.3" + 4.31"

Formatted: Tab stops: 4", Left + Not at 4.31"

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Volleyball

Picnic Table Rental

$90.00/team

$2(M)Q25.00/City moves ~1 0.00/Renter moves

Picnic Game Kit ($20 deposit) $§/•.veekeay $1Q!weekene

Park Shelter Reservation

Firewood

TOURIST PARK (May 15- September 15)

Primitive Camping Electricity w/cable Full Hook-up

Daily ~15.00 $4-9,0020.00 mJJQ25.00

Monthly

$1-{),0015.00/per shelter

$4,005.00/per bundle

Seasonal

$J7§.QQ400.00 s-~001 200 $45Q,00500.00 $1,J§Q.QQ1500

Cemetery Lot Sales And Perpetual Care

Marker Rights Monument Rights

One (I) grave $ 320.00 $ 440.00 Perpetual care ~ 11000

Total $ 400.00 $ 550.00

Two (2) graves $ 640.00 $ 800.00 Perpetual care 160.00 200.00

Total $ 800.00 $1 ,000 00

Four (4) graves- 2 east & 2 west in same lot $1,280.00 $1,440.00 Perpetual care 320.00 360.00

Total $1 ,600.00 $1 ,800.00

Eight (8) graves - I entire lot $2,560.00 $2,800.00 Perpetual care Q1Q,QQ 700 00

Total $3,200.00 $3,500.00

Baby land graves $ 80.00 Perpetual care 20.00

Total $ 100.00

Burial Fees

Cremains Burial $ 325.00

Interment in a single grave $ 650.00

Interment for children under the age of I 0 (during summer months 4/15-11/15 only) $ 125.00

Disinterment (during summer months 4/15-11115) $ 300.00 (during winter months 11116- 4/14) $ 600.00

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Miscellaneous Fees Vault Use: (during winter months) Children under 10 years of age Persons I 0 years of age or older

Charge for Miscellaneous Settings Charge for Foundation for Grave Markers Charge for Foundation for Double Markers Charge for Foundation for Monuments Sodding Grave Old Monument Leveling Transfer of Gravesite Administrative Fee

$ 25.00 $ 50.00

$ 50,00 $ 75.00 $ 100.00 $ 150.00 $ 75.00 $ 400.00 $ 100.00

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City of Thief River falls #7.03

DIRECTOR OF ENGINEERING SERVICES

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

PHONE: 218-681-8506 FAX: 218-681-8507

email: [email protected] www.citytrf.net

Request for Council Action

DATE: November 25, 2014

SUBJECT: 2015 Street & Utilities Improvements Feasibility Report

RECOMMENDATION: It is respectfully requested that the Council consider the following:

Motion to: Call for a Feasibility Report for the potential 2015 Street & Utilities Improvements.

BACKGROUND: The attached list of potential improvements is based on items from the City's Capital Improvement Program, items requested by developers, homeowners and other departments.

KEY ISSUES: The City needs to begin the process of discussing items to be included in a public improvement project in 2015 to assure adequate time for a project hearing and construction drawings preparation to have a project ready to bid in May of2015 for completion next summer.

FINANCIAL CONSIDERATIONS: Outlined on the attached summary.

LEGAL CONSIDERATION: Minnesota Statute Chapter 429 requirements apply.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Community Services Director.

REVIEWED BY:

Encl: (2)

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January s M T W T F s

1 2 3 4 5 & 7 8 9 10

11 12 3 14 15 617 18 19 20 21 22 23 24 25 26 27 28 29 JO 31

July s M T W T F s

1 2 3 4 6 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 , 22 23 24 25 26 'Z7 28 2S 30 31

Dec.2

2015 February March AprU May

s M T W T F s s M T w T F s s ,., T W T F s -s--;;;-y-w·---r--r-s· 1 2 :, 4 5 6 f , 2 3 4 6 6 7 1 2 3 ... 1 2 8 9 10 11 12 13 4 & 9 10 11 12 3 14 5 6 7 8 ~ 10 11 3 .t 6 6 7 8 9 16 16 17 18 19 7.0 21 15 :e 17 ta 19 20 21 12 ,~ 14 15 16 17 18 10 11 1# 13 14 15 16 22 23 2/. 2!> 26 2'; 28 22 23 2JI 25 26 77 28 0 20 21 22 23 2-1 2G 17 18 ~9 20 ;!1 Zl 23

2ll so 31 2<1 27 26 29 3!1 24 25 2.16 27 28 ;1$ 30 31

August September October November s M T W T F s s "' T W T F s s M T W T F s s M T w T F s , , 2 3 4 5 1 2 3 : 2 J 4 s 6 ' 2 3 4 s 7 8 6 7 B 9 10 1 1:? 41 5 6 7 6 9 10 6 1() 11 12 :l 14 9 10 1 12 3 14 15 13 14 !i 16 11 :a 1& 11 12 13 14 15 16 17 1!i 6 17 18 19 ?0 21 G 17 1$ 19 20 21 27 2D 21 22 23 24 25 26 8 1& 2'J 2 1 22 23 24 22 23 2<1 25 26 27 28

23 2~ 25 213 27 28 20 27 28 2£1 30 25 25 27 28 29 30 31 29 30 30 31

PROJECT SCHEDULE FOR

2015 STREET AND UTILITIES IMPROVEMENTS

PROJECT NO. 2922015.00

Jan. 20

Council Resolution calling for Feasibility Report

Accept Feasibility Report and call for Publication

Public Hearing Notice published in The TIMES

Mail Hearing Notice to Property Owners

Jan.28/Feb.4

Jan. 30

Hold Public Hearing (7 p.m.) City Council Chambers

Order Improvements and call for Plans and Specifications

Accept Plans and Specifications and call for Bids

June s M T W T F s

1 2 4 6 e 7 6 9 10 11 12 13 ~4 15 '6 17 18 19 ?0 , , 2:7 ?,.3 ::!4 ' 5 2& 27 2.62030

December s lA T W T F s

1 2 3 4 s 6 7 6 10 11 1<'

13 14 15 1~ 17 18 19 20 21 22 23 2-1 25 26 27 26 2!1 30 31

Feb.10

Feb.17

April7

AprilS

April15/ April 22

April15

E-mail Advertisement to DULUTH NEWS TRIBUNE and The TIMES

Advertisement published in DULUTH NEWS TRIBUNE

Advertisement published in The TIMES

May7

May 19

Sept. 4

Sept. 7-11

Sept. 15

Sept. 15

Sept. 24

Sept. 30

Oct. 2

Oct. 20

Oct. 20

Bid Opening (2 p.m.) City Council Chambers

Award Bid

Receive List from Pennington County Auditor

Prepare Assessment Roll

Council Resolution Declaring Cost to be Assessed and Order Preparation of Assessment Roll

Council Resolution calling for Assessment Hearing

Assessment Hearing Notice to The TIMES

Hearing Notice published in The TIMES

Mail Assessment Notices to Property Owners

Assessment Hearing (7 p.m.) City Council Chambers

Council Resolution to Adopt Assessment Roll

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Potential 2015 Projects

1. Breezy Drive Street Improvements $150,000 Project Cost $ 90,000 Special Assessments/Direct Invoicing - Bonding $ 60,000 General City Cost- Bonding

2. Noper Property Phase I - Street & Utilities Improvements $ 800,000 Project Cost $ 400,000 Workforce Housing Grant $ 200,000 Special Assessments - Bonding $ 200,000 General City Cost- Bonding

3. Mark Boulevard - Street Improvements and Lighting $ 850,000 Project Cost $ 800,000 State Bonding Bill $ 50,000 Special Assessments - Bonding

4. Markley Avenue Street & Utilities Improvements $ 560,000 Project Cost $ 198,000 Special Assessments - Bonding $ 362,000 General City Cost- Bonding

5. Tindolph Avenue Water Main Replacement $ 200,000 Project Cost $ 200,000 General City Cost- Bonding

6. Alice Drive Street & Utilities Improvements $ 380,000 Project Cost $ 268,000 Special Assessments/Direct Invoicing - Bonding $ 112,000 General City Cost- Bonding

7. Calumel Avenue Street Improvements $ 130,000 Project Cost $ 78,000 Special Assessment- Bonding $ 52,000 General City Cost- Bonding

November 25,2014

$ 884,000 Total Special Assessment/Direct Invoicing- Bonding $ 800,000 Total State Bonding Bill $ 400,000 Total Workforce Housing Grant $ 986,000 Total General City Cost- Bonding $ 3,070,000 Total Project Cost

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

#7.03

APPROVAL TO CALL FOR 2015 STREET AND UTILITIES IMPROVEMENT PROJECT FEASIBILITY REPORT

Mark Borseth, Community Services Director, presented a recommendation. Following discussion, Councilmember introduced Resolution No., being seconded by Councilmember , that:

WHEREAS, the following street and utilities improvements are being proposed for consideration by the City Council for construction in 2015:

1. Breezy Drive Street Improvements 2. Noper Property Phase I- Street & Utilities Improvements 3. Mark Boulevard - Street Improvements and Lighting 4. Markley Avenue Street & Utilities Improvements 5. Tindolph Avenue Water Main Replacement 6. Alice Drive Street & Utilities Improvements 7. Calumet A venue Street Improvements

Consideration will be included in the Feasibility Report to assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429.

NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the proposed improvements be referred to the Community Services Director for study and that he be instructed to report to the Council with all due speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost-effective, and feasible and as to whether they should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended.

Presented at the December 2, 2014 Council Meeting

Introduced by: _ _____________ _

Seconded by: _____________________ __

Roll Call (if required): Brown _ Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom

Notes: --------- - ---- -----------------

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CITY OF THIEF RIVER FALLS #7.04 PROPOSED RESOLUTION

ADOPTION OF ORDINANCE NO. 71. 3110 SERIES. OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDING CITY ORDINANCE NO. 155, 2ND SERIES, AND CITY ORDINANCE NO. 69. 3RD SERIES. RELATING TO GAS FRANCHISE BY AMENDING CITY ORDINANCE NO. 155 IN ITS ENTIRETY AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS

THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS:

Section 1. City Ordinance No. 155, 2nd Series, relating to a gas franchise is hereby amended in its entirety to read:

SECTION 1. FRANCHISE GRANTED. City hereby grants a non-exclusive franchise to Minnesota Energy Resources, a subsidiary of Integrys Energy Group, a Delaware corporation, (hereinafter called "Grantee"), its lessees, successors and assigns. Grantee is hereby granted the right, privilege, franchise, permission and authority to lay, construct, install, maintain, operate and extend in, along, over or across the present and future streets, alleys, avenues, bridges, public rights-of-way, and public places as are now within the present or future limits of said City, a natural gas distribution system and all facilities necessary for the purpose of supplying natural gas or processed gas for all purposes to the inhabitants of said City and consumers in the vicinity thereof, and for the distribution of natural gas from or through said City to points beyond the limits thereof. Such facilities shall include, but not be limited to, all mains, services, pipes, conduits, and appliances necessary or convenient for transmitting, transporting, distributing, and supplying natural gas for all purposes for which it may be used, and to do all other things necessary and proper in providing natural gas service to the inhabitants of City and in carrying on such business.

SECTION 2. TERM. The rights and privileges granted by this Ordinance shall remain in effect for a period of Twenty-five (25) years from the effective date of this Ordinance.

SECTION 3. GOVERNING RULES AND REGULATIONS. This Ordinance is granted subject to all conditions, limitations, and immunities now provided for, or as hereafter amended, and applicable to the operations of a public utility, by State or Federal law. The rates to be charged by Grantee for service within the present or future corporate limits of City and the rules and regulations regarding the character, quality, and standards of service to be furnished by Grantee shall be under the jurisdiction and control of such regulatory body or bodies as may, from time to time, be vested by law with authority and jurisdiction over the rates, regulations, and quality and standards of service to be supplied by Grantee. Provided however, should any judicial, regulatory, or legislative body, having proper jurisdiction, take any action that precludes Grantee from recovering from its customers any cost associated with services provided hereunder, then Grantee and City shall renegotiate the terms of this Ordinance in accordance with the action taken, so as to allow Grantee to be made whole economically. In determining the rights and duties of the Grantee, the terms of this franchise Ordinance shall take precedence over any conflicting

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terms or requirements contained in any other Ordinance enacted by the City, after date hereof.

If an energy supplier is unable to furnish an adequate supply of energy due to an emergency, an order or decision of a public regulatory body, or other acts beyond the control of the Grantee, then the Grantee shall have the right and authority to adopt reasonable rules and regulations limiting, curtailing, or allocating extensions of service or supply of energy to any customers or prospective customers, and withholding the supply of energy to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers or prospective customers, and shall be non­discriminatory as between communities receiving service from the Grantee.

SECTION 4. CONSTRUCTION AND MAINTENANCE OF COMPANY FACILITIES. Any pavements, sidewalks, or curbing taken up and any and all excavations made shall be done in such a manner as to cause only such inconvenience to the inhabitants of City and to the general public as is reasonably necessary; and repairs and replacements shall be made promptly by Grantee, leaving such properties in as good as condition as existed immediately prior to excavation.

Grantee shall use such safeguards as may be necessary to prevent injury to persons or property during such construction work.

Grantee agrees that for the term of this grant, it will use its best efforts to maintain facilities and equipment sufficient to meet the current and future energy requirements of City, its inhabitants, and industries. While installing or maintaining its facilities and equipment, Grantee shall obtain permits as required by ordinance, except that in emergency situations, Grantee shall take immediate unilateral actions as it determines are necessary to protect the public health, safety, and welfare; in which case, Grantee shall notify City as soon as reasonably possible.

The City reserves the right by resolution or otherwise to designate the location of any gas mains or gas service lines with reference to other street facilities such as sewer and water mains and services in such a manner as to promote the public safety and to protect public property. Any designated location shall be otherwise consistent with applicable laws and regulations. Whenever a permit is required to be obtained in accordance with the foregoing provisions, no trench shall be filled and no main shall be covered without giving the City the right to inspect the same.

City will give Grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved that affect Grantee's facilities. The notice shall contain the nature and character of the improvements, the rights-of-way upon which the improvements are to be made, the extent of the improvements and the time when the City will start the work, and, if more than one right-of-way is involved, the order in which this work is to proceed. The notice shall be given to the Grantee a sufficient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Grantee to make any additions, alterations, or repairs to its facilities.

SECTION 5. EXTENSION OF COMPANY FACILITIES. Upon receipt and acceptance of a valid application for service, Grantee shall, subject to its own economic

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feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of City.

SECTION 6. RELOCATION OF COMPANY FACILITIES. If City elects to change the grade of or otherwise alter any street, alley, avenue, bridge, public right-of-way, or public place for a public purpose, Grantee, upon reasonable notice from City, shall remove and relocate its facilities or equipment situated in the public rights-of-way, if such removal is necessary to prevent interference and not merely for the convenience of the City, at the cost and expense of Grantee. If City orders or requests Grantee to relocate its facilities or equipment for the primary benefit of a commercial or private project, or as a result of the initial request of a commercial or private developer or other non-public entity, and such removal is necessary to prevent interference and not merely for the convenience of the City or other right-of-way user, Grantee shall receive payment for the cost of such relocation as a precondition to relocating its facilities or equipment. City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause Grantee unreasonable additional expense in exercising its authority under this Section. City shall also provide a reasonable alternative location as determined by City for Grantee's facilities. City shall give Grantee written notice of vacating of a public right-of-way. Vacating of a public right-of-way shall not deprive the Grantee of its right to operate and maintain existing facilities, until the reasonable cost of relocating the same are first paid to the Grantee.

SECTION 7. CONFIDENTIAL INFORMATION. City acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature. If Grantee requests that any information provided by Grantee to City be kept confidential due to such proprietary or commercial value and Grantee clearly marks that information as CONFIDENTIAL, City and its employees, agents, and representatives shall maintain the confidentiality of that information, to the extent allowed by law. If City is requested or required by legal or administrative process to disclose any such confidential information, City shall promptly notify Grantee of such request or requirement so that Grantee may seek an appropriate protective order or other relief. City shall use all reasonable efforts to ensure that the confidentiality of Grantee's confidential information is maintained.

SECTION 8. FORCE MAJEURE. It shall not be a breach or default under this franchise if either party fails to perform its obligations hereunder due to Force Majeure. Force Majeure shall include, but not be limited to, the following: 1) physical events such as acts of God, landslides, lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident, or necessity of repairs to machinery, equipment or distribution or transmission lines; 2) acts of others such as strikes, work-force stoppages, riots, sabotage, insurrections, or wars; 3) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, executive order, or regulation promulgated by a governmental authority having jurisdiction; and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome. Each party shall make reasonable efforts to avoid Force Majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance; provided, however, that this provision shall not obligate a party to settle any labor strike.

SECTION 9. HOLD HARMLESS. Grantee, during the term of this Ordinance, agrees to indemnify and hold City harmless, including attorneys' fees and costs, from and

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against all claims, demands, losses, and expenses arising directly out of the negligence of Grantee, its employees, agents, contractors, or suppliers, in the constructing, operating, and maintaining of distribution and transmission facilities or appliances of Grantee; provided, however, that Grantee need not save harmless City from claims, demands, losses, and expenses arising out ofthe negligence of City, its employees or agents.

SECTION 10. NOTICE OF TRANSFER. No sale, assignment, or lease of this franchise shall be effective until the vendee, assignee, or lessee has filed in the office of the City Administrator an instrument accepting the terms of the franchise, and agreeing to perform all the conditions thereof.

SECTION 11. SURETY BONDS. When Grantee seeks to perform excavation work in a right-of-way, Grantee must post a construction performance bond. A construction performance bond means any of the following forms of security provided at Grantee's option: (1) individual project bond, (2) cash deposit, (3) security of a form listed or approved under Minnesota Statutes, section 15.73, subdivision 3, (4) letter of credit in a form acceptable to City, (5) self-insurance in a form acceptable to City, or (6) a blanket bond for projects within the local government unit or other form of construction bond, for a time specified and in a form acceptable to City. The security provided by a construction performance bond must cover an amount reasonably estimated to restore the right-of-way to the condition that existed before the excavation, and may also include reasonable, directly related costs that the local government unit estimates will be incurred if the right-of-way user fails to perform under the bond. Litigation costs and attorney fees are not direct costs to be included in calculating the amount of the bond. If, 24 months after completion of the restoration of the right-of-way, the representative of the local government unit determines that the right-of-way has been properly restored, the surety on the construction performance bond must be released.

SECTION 12. SEVERABILITY. If any clause, sentence, or section of this Ordinance is deemed invalid by any judicial, regulatory, or legislative body having proper jurisdiction, the remaining provisions shall not be affected.

SECTION 13. NON WAIVER. Any waiver of any obligation or default under this franchise shall not be construed as a waiver of any future defaults, whether of like or different character.

SECTION 14. REPEAL CONFLICTING ORDINANCES. This ordinance, when accepted by Grantee as provided below, shall constitute the entire agreement between the City and the Grantee relating to this franchise and the same shall supersede all prior ordinances pertaining to this franchise agreement, and any terms and conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No.1 55, 2nd Series and Ordinance No. 69, 3rd Series ofthe City ofThiefRiver Falls Minnesota, are hereby repealed as of the effective date hereof.

SECTION 15. EFFECT AND INTERPRETATION OF ORDINANCE. The captions which precede each section of this ordinance are for convenience in reference only and shall not be taken into consideration in the interpretation of any of the provisions of this ordinance.

SECTION 16. EFFECTIVE DATE AND ACCEPTANCE. This Ordinance shall become effective and be a binding contract between the City and Grantee, upon its final

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passage and approval by City, in accordance with applicable laws and regulations, and upon acceptance by Grantee by written instrument within sixty (60) days of passage by the governing body, and filed with the City Clerk of the City of Thief River Fall, Minnesota. The City Clerk shall sign and affix the community seal to acknowledge receipt of such acceptance, and return one copy to Grantee. If Grantee does not, within sixty (60) days following passage of this Ordinance express in writing its objections to any terms or provisions contained therein, or reject this ordinance in its entirety, Grantee shall be deemed to have accepted this ordinance and all of its terms and conditions.

Section 2. City Code Chapter 10 entitled "General Provisions" is hereby adopted in its entirety, by reference, as though repeated verbatim herein.

Presented at the December 2, 2014 Council Meeting

Introduced by: __________ _ _

Seconded by: ______ _____ _

Roll Call (if required): Brown _ Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom

Notes: --------------------------------

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

#7.05

RESOLUTION NO.: DECLARATION OF 2014 GENERAL ELECTION RECOUNT RESULTS

The results of the General Election Recount held on November 13, 2014 were presented to the Canvassing Board. Following discussion, Councilmember introduced Resolution No., being seconded by Councilmember , that:

WHEREAS, the General Election was held on Tuesday, November 4, 2014 to vote for the offices of Mayor for a two-year term, two four-year Council positions, and one four-year At-Large Council position; and,

WHEREAS, a recount was held on November 13, 2014 for two four-year Council positions, one for Ward 3 and one for Ward 5; and

WHEREAS, the official election recount worksheet was presented, duly examined, approved, and placed on file in the Office of the City Administrator.

NOW, THEREFORE, BE IT RESOLVED, by the City Council, appointed as the Canvassing Board, hereby finds, determines, and declares that the Regular City election recount held in and for the City of Thief River Falls on Thursday, November 13, 2014 was in all respects duly held and the election returns canvassed. The following received the most votes cast for each office and are hereby elected to the following offices for their respective terms:

Councilmember 3 rd Ward Councilmember 5th Ward

Josh Hagen Rachel Prudhomme

Four-Year Term Four-Year Term

Presented at the December 2, 2014 Council Meeting

Introduced by: ___________ ___ _

Seconded by: ____ _______ _____ _

Roll Call (if required): Brown _Cullen __ Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_Sollom

Notes: ----- ---------- - -----------------

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PUBLIC UTILITIES COMMITTEE Monday- November 10,2014

4:30p.m.- Room 101

Summary of Discussions

Members Present: Hahn (Chair), Cullen Dagg and Kajewski

Absent: None

MIS/Billing Manager Barry Froiland and City Administrator Larry Kruse, Electric Superintendent Dale Narlock and Waters Superintendent Wayne Johnson.

Summary of Discussion- October- Notes were reviewed and no changes were made.

WATER

AE2s task contract: Johnson stated the Task contract was not ready and he will bring it to the next meeting.

Lime sludge pond land acquisition: Johnson review appraisals to purchase land and easements for the lime sludge pond project. The Committee agreed to bring the Lime Sludge Project land purchase forward to the City Council for consideration.

Progression Raise- Scott Olson Approve a progression raise for Scott Olson, Water Systems Operator, to Step 5 of the Water Systems Operator salary schedule, for a new salary of$24.58 effective October 30, 2014. Mr. Olson has completed the requirements to progress to Step 5 (top) of the Water Systems Operator salary schedule. Mr. Olson has obtained his Class C Water Operator's Certificate.

BILLING OFFICE

Monthly Budget to Actual: Froiland reported the City Utilities is on track with the budget.

Water and sewer rate increases: Froiland reviewed the proposed 2015 Water and Sewer rate increase with a 5.5% increase in water and a 10% increase in wastewater effective with the January billing.

ELECTRIC

Filling of Line Worker position Authorize the Electric Department to begin process to fill the position of Lineworker. The position shall be opened to Teamster Union #320 employees for ten days, and if not filled by that process, the position shall be opened to the public for filling. This is a position that is currently being budgeted to be filled during 2015. By beginning the process now, the position will be filled immediately in 2015. The Committee recommends Narlock proceed with hiring a Lineworker that was in the budget, but not hired. Further to accept Narlock stated the job description should be amended to read one year of previous experience instead of three years.

Budget: The Committee wants the following on the agenda for the Committee of the Whole: 92

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1) Financial Plan 2) Minor Comprehensive Plan Update 3) Strategic Plan 4) Electric Fund Transfers versus levy increase

Project Updates:

Adjourn 6:40 p.m.

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PUBLIC WORKS COMMITTEE Wednesday- November 12,2014

4:30 pm- Room 101

SUMMARY OF DISCUSSION

Members Present: Schmalz, Sollom,

Members Absent: Hahn and Prudhomme (later)

Others Present: Community Services Director Mark Borseth, Street and Sanitation Supervisor Randy Konickson, and City Administrator Kruse.

Summary of Discussion -October

STREETS & SANITATION

Project Updates: Konickson reported they have a good stockpile of gravel for the winter and some pea rock for water/sewer breaks. Salt and Sand stockpiles have been replenished and they are ready for the winter.

Konickson stated his crews will start removing trees at the cemetery.

COMMUNITY SERVICES

Greenwood Street Parking: Borseth reported talking to Digi-Key and they would like to remove parking on the north side of the street. The Committee agreed and said for staff to monitor the situation.

Sanford Snow Removal- Borseth reported Sanford will not be plowing snow on about 50% of their downtown parking lot. They would also not haul the snow away as they have in the past. The Committee said this is private business and the only thing the City might consider if downtown parking is a problem, the City could request to plow the lot.

2015 Improvements Project: Borseth presented a copy ofthe City's Five Year Plan showing $3,367,000 of proposed improvements in 2015. Borseth stated he will be bringing the plan forward to the City Council to develop plans and specifications.

Borseth stated City staff in conjunction with Pennington County Economic Development Director Christine Anderson mailed out 22 Requests for Qualifications for the Noper Housing Project. Staff is pursuing a determination from the Department of Labor and Industry on prevailing wage. The City would hope prevailing wage can apply to the City's infrastructure and not the private apartment project.

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Council Member Prudhomme entered the meeting.

Barron's Addition Final Plat Approval: Borseth presented the Barron's Plat stating that Cenex wanted to finalize where the property line is located. The Plat will be brought forward to Council for final approval.

Forney Property Development: Borseth reviewed the Sherwood Avenue North (Forney) reconfiguration. The Committee supports the land trade and reconfiguration of the lots.

Electronic Signs: Borseth reported that he had shared a copy of the City's sign ordinance with the Planning Commission. The Commission will spend several months getting public input on sign ordinance changes including electronic signs.

Project Updates: Greenwood Bridge: Borseth reported MnDOT announced the City is the recipient of a $1.5 million and $5 million dollar bridge.

Downtown - It was reported that Council Member Hahn had something about $2 million dollars of downtown funds available and to clarify how that is worded or portrayed.

Building Permit Training: Borseth reported Greg Hufnagle, Jenny Davis, Elvin and himself have some training coming up. The Committee was supportive of continuing education.

Adjourned 5:55p.m.

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PARKS AND RECREATION/PUBLIC SAFETY COMMITTEE Monday - November 17, 2014 4:30pm- REA Dakota Room

Summary of discussion

Members Present: Kajewski, Sollom, Brown (Chair) and Prudhomme.

Absent: None

Others Present: Co-fire Chief Jerry Stenseth, Deputy Police Chief Mattson, Parks & Recreation Director Joe Amundson, Melissa Sletten and City Administrator Larry Kruse

Others in attendance: Homer, Howe, Semanko,

Summary of Discussion -The October summary notes were reviewed with no changes.

POLICE

Background paperwork started on new officer hire: Investigator Marissa Adams is completing a background check on a new police officer candidate being considered for hire.

Calendar Parking began Saturday, 11/15/14: Calendar parking starts and the PD is giving a warning notice for a period of time.

Armor radios (8) for Police/Fire have arrived: Mattson reported the Armor radios are in and arrangements are being made for installation. Mattson will look into the annual maintenance on each radio.

Holiday Train scheduled to arrive Sunday, 12/14/14@ 7:50P.M.: The event will be held at the Senior Center this year. They are planning for 1,000 plus people.

Resubmitting grant application for Fire Hose and SCBA Air compressor: Stenseth updated the Committee on pending grants.

PARKS AND RECREATION

Progression Raise -Todd Reed The Committee reviewed a progression raise for Todd Reed, Parks/Maintenance employee in the Parks and Recreation Department. Mr. Reed is proposed to progress to Step 5 of 5 of the Parks/Arenas Maintenance salary schedule, effective November 8, 2014 for a new salary of $23.65 per hour.

The Committee reviewed Mr. Reed's progression raise and unanimously recommends its approval.

Progression Raise- Aaron Joppru The Committee reviewed a progression raise for Aaron Joppru, Parks/Maintenance employee in the Parks and Recreation Department. Mr. Joppru is proposed to progress to 96

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Step 5 of 5 ofthe Parks/ Arenas Maintenance salary schedule, effective November 16, 2014 for a new salary of $23.65 per hour.

The Committee reviewed Mr. Joppru's progression raise and unanimously recommends its approval.

Rate Review: The Committee reviewed rates and made a number of changes as per the rate schedule.

Calendar and Tourist Park year end: Amundson reviewed the 2014 Tourist Park financial information.

Auction results/ purchase of plow, broom, and fryer RCA Amundson reported sale of surplus items went very well as follows:

-TORO 455 1 0' 5 mower with snow blower attachment $6,200 -John Deere 955 utility tractor with snow blower and broom $5000 -John Deere finish mower $550 -Plow for 1-ton truck $1300 Revenue =$13,050

The Committee unanimously recommended Amundson proceed to purchase the Broom ($4,750) and Snow Plow ($6,100) using the proceeds of the sale and budgeting the remainder for a fryer in the 2015 budget.

Further, the Committee requested Amundson seek additional information on a radiant oven instead of the ventless fryer.

Council member Prudhomme departed the meeting at 6:00

Huck locker rooms: The Committee reviewed a complaint by Council member Prudhomme regarding locker room and other arena operations. Both TRF AHA and the Figure Skating Club stated they are very pleased with arena operations and have no complaints. Both stated that occasionally minor problems come up but are discussed and resolved. It was clarified that TRF AHA is renting the arena preseason and they are responsible to supervise open hockey along with other activities.

The important thing that came out of the discussion is to report problem issues to respective group leaders immediately and if they can't be resolved by the user groups to get those concerns to Amundson. If Mr. Amundson is not able to resolve the issues, then City Administration is available to get involved.

Mower Lease: Amundson reported that a $14,000 mower lease that was omitted from the 2015 Park budget and will be reflected in the upcoming budget.

Parking Lot Snow Removal: The Committee discussed parking lot snow removal on weekends, and asked Amundson to review protocols and report back to next month's meeting.

Adjourned at 6:30p.m.

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ADMINISTRATIVE SERVICES COMMITTEE Thursday, November 20, 2014

4:30p.m.- Room 101

Summary of Discussion

Members present were: Ken Schmalz, Jerald Brown, Mayor Dagg (Chair)

Members absent: Elvera Cullen

Others present: Larry Kruse, Angie Philipp

Summary of Discussion - October

LIQUOR STORE

Monthly Report- Steve absent with Annual Wine Event

ADMINISTRATIVE SERVICES

Carlson & Reierson Land Leases: The Committee reviewed the Carlson land lease of the Gilbert Industrial Park and the Reierson land by the old dump. Both being small remnant land parcels unanimously agreed to recommend a Three (3) percent increase in the annual rent for the next three years.

Northern State Bank ACH Agreement: Finance Director Angie Philipp presented an update on Automatic Clearing House charges through Northern State Bank. The Committee unanimously approved entering in the Northern State Bank ACH Agreement as on file in the Office of the City Clerk.

Farmers Union Highway 59 Location Tobacco License: The Committee reviewed a tobacco license application from Farmers Union Oil Company for their 1930 Highway 59 location and unanimously recommended its approval.

Thief River Falls Regional Airport Sewer Loan: The Committee reviewed a request from the Thief River Falls Regional Airport Authority to lend Seventy Six Thousand Six Hundred ($76,600) Dollars at 5% interest with annual payments over a ten (10) year period to be used to finance their 10% share of the Airport Sewer Project.

The Airport Commission has received an 80% grant for decommissioning of the Airport's sewer ponds and construction of a force main to connect up to the City's municipal sewer system. The estimated cost of the project is $766,000. The City and Airport Commission have agreed to split the twenty (20) percent local share of $153,200 equally. The Airport Commission does not have adequate funds to pay their full Ten (10) percent and has requested the City lend them funds.

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The City has prepaid the TRF Regional Airport $68,940, which is 90% of the City's ten percent share.

The Committee unanimously recommends lending the TRF Regional Airport Authority Seventy Six Thousand Six Hundred ($76,600) Dollars at 5% interest with annual payments over a ten (10) year period to be used to finance their 10% share of the Airport Sewer Project, with City Attorney Ihle lending drafting the note.

Laserfiche Conference: The Committee reviewed a request from City Administrator Kruse to send Jennifer Nelson and Jenny Davis to the Empower Laserfiche Conference in Anaheim California January 13 to 16th. Empower 2015 Laserfiche Conference is both a user conference and an educational forum taught by some of the nation's best. Anaheim is home to Laserfiche, where attendees can choose from over 150 classes taught by engineers, experts and customers. To learn more, go to www.laserfiche and click on the Empower 2150 Conference. The estimated cost is $350 for airfare, and $750 for double occupancy room. Registration is $695 for the first registrant and $495 for the second registrant. There is a $300 early bird discount for registration by Friday, November 21st. Registration, travel and room cost for is estimated at $1,300 each. The benefit of two going is they can share a room and bring back a diversity of best practices to teach fellow employees.

The Committee unanimously declined the request.

Council Member Cullen entered the meeting, having been at a Northwest Regional Library Meeting.

Power Agency Presentation: Mayor Dagg reported that City Attorney Paul Ihle made a presentation at the Power Agency on electric transfers. The Committee thought it advisable to see if Ihle could present this to the City Council.

Adjourn 5:10p.m.

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City of Thief Ri"er falls #11.01

FINANCE DIRECTOR

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

PHONE: 218-681-2943 FAX: 218-681-6223

email: [email protected] www.citytrf.net

REQUEST FOR COUNCIL ACTION November 24, 2014

SUBJECT: 2015 Budgets

RECOMMENDATION: It is respectfully requested that the Council consider the following:

Motion to: Approve the 2015 final budgets as presented.

BACKGROUND: The preliminary budgets were approved on September 29, 2014. The Budget and Finance Committee met with Department Heads and reviewed all capital requests. The 2015 budgets were also reviewed by the appropriate Department Committees in November. The Committee of the Whole met on November 191

h, 2014 to review the budgets and capital items and came to a consensus regarding the budget. A Truth in Taxation meeting will be held on Tuesday, December 2, 2014 at 6:00pm to review property tax, review budget information, and take public comment. 2015 Summary budget information is available at the City Administrator's office.

HIGHLIGHTS: The following is a list of changes that were made to the preliminary budgets since September 29, 2014:

Add: Transfer to Construction/Severance Fund Branch Library increase Northwest Regional Library from 3% - 5% Park & Rec corrected lease on mowers 5-yr Financial Plan Community Services temporary salary Cut: Police Fencing for impound lot Decreased Police Evidence Room (leaving 8,500) Park & Rec removal of Lions Park Pea Rock- City will complete Park & Rec removal of capital items(broom,plow,fryer for 2014 purchase)balance 6,300 Administration interfund transfer reduction Administration removal of Y, time accountant position Remove City Council raise for 2015 City Council reduction newsletter Administration reduction mise operating Park & Rec Northrup Park capital removed to use Park Improvement monies Community Services reduction mise operating Phone system Education Incentive Reduction of Electric Fund operating transfer back to 2014 amount

$96,553 $2,979

$14,000 $17,000 $6,000

-$10,000 -$9,000 -$6,600

-$13,950 -$9,000

-$45,833 -9,600

-$2,400 -$2,500

-$10,000 -$2,000

-$25,000 -$10,000 -$50,000

It should be noted that there are other changes to the budget that didn't result in an increase or decrease to the 2015 budget. The Budget and Finance committee moved the tennis court capital of $10,000 to Arena Maintenance, moved the Park and Rec mudjacking capital of$4,500 to maintenance, and moved 25% of Community Services secretary time to Administration.

FINANCIAL CONSIDERATIONS: The 2015 budgets are a fair representation of what the City expects to happen in 2015 while still complying with the City's Fund Balance Policy.

LEGAL CONSIDERATIONS: By state law, cities over 500 in population must approve their final 2015 budgets no later than December 30, 2014.

DEPARTMENT/RESPONSIBLE PERSON: Angela Philipp, Finance Director

REVIEWED BY:

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City of Thief River falls #11.02

FINANCE DIRECTOR

405 Third Street East • PO Box 528 Thief River Falls MN 56701-0528

PHONE: 218-681-2943 FAX: 218-681-6223

email: [email protected] www.citytrf.net

REQUEST FOR COUNCIL ACTION November 24, 2014

SUBJECT: 2015 Tax Levy

RECOMMENDATION: It is respectfully requested that the Council consider the following:

Motion to: Approve a tax levy collectible in 2015, upon taxable property in the City of Thief River Falls, for a General Fund levy of$1,452,281 and Bonded Debt Levy of$110,000 totaling $1,562,281. This represents a 3% increase over last year's levy.

BACKGROUND: On September 29, 2014 the City of Thief River Falls set the 2015 preliminary tax levy at $1,591,778. The preliminary levy represented an increase of$75,000 which is an approximate increase of 4.94%. A summary of the City's tax levy is attached.

KEY ISSUES:

• A 2015 tax levy of$1,562,281.

FINANCIAL CONSIDERATIONS: State law allows a city to reduce the 2015 levy at this point, but not raise it.

LEGAL CONSIDERATIONS: In order to comply with State law, cities over 500 in population must approve their final2015 tax levy no later than December 30, 2014.

DEPARTMENTIRESPONSffiLE PERSON: Angela Philipp, Finance Director

REVIEWED BY:

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General Fund Levy

Bonded Debt Levy

NET TAX LEVY- LOCAL

Percent Increase/Decrease- Local Levy

General Fund dollars available

General FundTax levy (-delinquency)

Market Value Homestead Credit

Local Government Aid

TOTAL

Dollar increase over previous year

I-' 0

"'

2009

CITY OF THIEF RIVER FALLS

2009-2015 TAX LEVY DATA

2010 2011 2012 2013 2014 2015

Levy Levy Levy _ Levy_ _ _ _ Levy Levy Proposed Levy

$1,482,406 $1,482,406 $1,416,778 $1,416,778 $1,416,778 $1,416,778 $1,452,281

$100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $110,000

$1,582,406 $1 ,582,406 $1,516,778 __j1,516,778 $jL5j6,778 $1.516,778 $1,562,281

-3.6% 0.0% -4.15% 0.00% 0.00% 0.00% 3.00%

2015

2009 2010 2011 2012 2013 2014 Proposed Levy

$1,314,375 $1,292,434 $1,229,745 $1,374,275 $1,374,275 $1,374,275 $1,408,713

$149,906 $19 $19 $0 $0 $0 $0

$2,543,602 $2,418,906 $2,418,906 $2,418,906 $2,418,906 $2,892,050 $2,948,554

$4,007,883 $3,711,359 $3,648,670 $3,793,181 $3,793,181 $4,266,325 $4,357,267

$268,774 -$296,524 -$62,689 $144,511 $0 $473,144 $90,942

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CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

RESOLUTION NO.: APPROVAL OF 2015 TAX LEVY

Angela Philipp, Finance Director, presented a recommendation. Following discussion,

1 #11.02

Councilmember introduced Resolution No., being seconded by Councilmember ______ , that:

RESOLVED, by the City Council, to certify the City of Thief River Falls 2015 Tax Levy at $1,562,281 to the Pennington County Auditor, representing a 3% increase from the 2014 Tax Levy. The breakdown ofthe 2015 Tax Levy is as follows:

General Fund Levy Bonded Debt Levy Net Tax Levy

Presented at the December 2, 2014 Council Meeting

Introduced by: _ _________ _

Seconded by: __________ _

Roll Call (if required):

$1,452,281 $ 110,000 $1,562 281

Brown _ Cullen _Dagg __ Hahn _Kajewski _Prudhomme _ Schmalz_Sollom

Notes: ----------- -----------------------------

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