THIEF RIVER FALLS CITY COUNCIL AGENDA

TUESDAY - MARCH 20, 2018

COUNCIL CHAMBERS CITY HALL - 405 3Ro STREET EAST 5:30PM

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. PUBLIC FORUM - Individuals may addre$S tile City Council about any item 1wt included on the regular ag1mda. A maxinr11111 of 5 minutes is allotted for the public forum. Spe11kerl' are requestetl to come to the microphone, state their name a!ld address for the record, and limit their remarks to jive minutes. The City Council will 11ot take official action on ite"tv discul·sed at this time, with the exception of referral to staff or a committee, board or commission for a future report.

S. PRESENTATIONS/PROCLAMATIONS/PUBLIC INFORMATION ANNOUNCEMENTS

6. APPROVE AGENDA - Council members may add items to the agenda for discussion purposes or staff direction. The Council will not normally take official actitm on items adtled to tlte agenda.

7. CONSENT AGENDA- Tltese items are CQnsidered routine in nature and are approvedwit/1 one motion without discu.fsionldebate. The Mayor will ask if any Council member Wi$hes to remove a11 item and place ii on the regular agenda for disc1m·ion and co11sideration. If no items are to be removed, the Mayor will then ask for a molion to f1pprove tire Consent Agenda.

7.01 Approval of March 6, 2018 Council Proceedings (page 3-28) 7.02 City of Thief River Falls Bills and Disbursements 7.03 Approval of progression raise for McLain StclUles, Power Plant

Operator/Lineworker (page 29-30) 7.04 Approval of progression raise for Wyatt Wheeler, Apprentice Lineworker (page

3 l-32) 7.05 Approval of progression raise for Paul Gonsorowski, Firefighter (page 33-34) 7.06 Resolution approving State of MN Joint Powers Agreement regarding the MN

Human Trafficking Investigators Task Force (page 35-39) 7.07 Resolution authorizing Thief River Falls Police Department to enter into Law

Enforcement Mutual Aid Agreement (page 40-44) 7.08 Approval of Councilmember Per Diem (page 45-47) 7.09 Approval of Beer in the Park Permit for Lincoln High School Class of2008 (page

48-49) 7.10 Approval to purchase plastic refuse bags from Jadcore LLC (page 50-52)

1

7 .1 1 Approval of Resolution of Support for Corridors of Commerce Project (page 53-57)

7.12 Approval of rates and fees schedule - Public Works Department (page 58-61)

8. NEW BUSINESS

8.01 Approval of Curling Club Detailed Facility Study (page 62-63)

9. COUNCIL BOARDS AND COMMISSIONS REPORTS - Not all board.~ or commissions will have met prior to the Cu1mcil meeting. These reports are intended to keep the other council members informed of actim1s or proposed actim1s taken by tllese boards and com111issions. Only those with something to report wo1dd be on the agenda.

10. UPCOMING MEETINGS

10.01 City of Thief River Falls/Rural Fire Association Meeting- March 22nd, 12:00 p.m. at the Fire Hall

10.02 Special City Council Meeting - March 2i11 at 5 :30 p.m. l 0.03 Committee of the Whole Meeting - March 2i11 at 5 :30 p.m. (immediately follO\ving

Special City Council Meeting) 10.04 City Council Meeting - April 3rd at 5 :30 p.m. 10.05 Utilities Committee Meeting -April 9th at 7:00 a.m. 10.06 Public Safety/Liquor Committee Meeting - April 91

h at 4:30 p.m. 10.07 Administration Committee Meeting - April 101

h at 4:30 p.m. at the REA 10.08 Public Works Committee Meetin~ - April 11th at 4:30 p.m. 10.09 City Council Meeting - April 17' 1 at 5:30 p.m. 10.010 Thief River Falls Ministerial Association luncheon - May 3rd 11 :30-12:30 at

River of Life Church (page 64)

11.. INFORMATIONAL ITEMS

• Thief River Falls Westside Flood Damage Reduction Project (page 65-66) • Investment Summary dated 2/28/2018 (page 67)

12. ADJOURNMENT

City of Thief River Falls complies with the ADA Individuals with disabilities requiring special aid~ :;hould contact the City Administrator, 405 Third Street East, Thief River F!i.lls, MN 5670 l, 21 8-681-2943, 48 hours prior to the scheduled meeting.

2

COUNCIL PROCEEDINGS I #1.01 MARCH 6, 2018

The City Council of Thief River falls, Minnesota> met in regular session at 5 :30 p.m. on March 6, 2018 in the Council Chambers of City Hall. The following Council.members were present: Holmer, Narvcrud, Sollom, Howe, Brown, Aarestad, Prudhomme and Hagen. No Councilmembers were absent. Mayor Holmer chaired the meeting.

RESENT A TIONS/PROCLAMATIONS/PUBLIC INFORMATION/ ANNOUNCEMENTS

• Northwest Regional Library - Kristi Hanson

APPROVAL OF AGENDA

Councilmember Howe motioned, being seconded by Councilmembcr Prudhomme, to approve the agenda as presented. On vote being taken, the motion was unanimously approved.

RESOLUTION NO. 3-56-18: APPROVAL OF COUNClL PROCEEDINGS

Presented as part of the Consent Agenda, Councilmember Narverud introduced Resolution No. 3-56-18. being seconded by Councilmember Sollom, that:

RESOLVED, by the City Council, to approve February 20, 2018 Council Proceedings.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 3~57-18: APPROVAL OF PAYMENT OF BILLS

Presented as part of the Consent Agenda, Councilmember Narverud introduced Resolution No. 3-57-18, being seconded by Councilmember Sollom, that:

RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of $1,636,835.19. A printout of the approved payments and disbursements is attached hereto and made a part hereof.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 3-58-18: APPROVAL OF BRANDI AND BRYAN DORGE TO BE PART OF THE SLOW SECOND MORTGAGE PROGRAM

Presented as part of the Consent Agenda, Councilmembcr Narverud introduced Resolution No. 3-58-18, being seconded by Councilmember Sollom, that:

BE IT RESOLVED, by the City Council, to approve Brandi and Bryan Dorge to be part of the City of Thief River Falls Slow Second Mortgage Program and authorize the Mayor and City Administrator to sign the mortgage and agreement when completed by the City Attorney.

On vote being taken, the resolution was unanimously passed.

3

Council Proceedings March 6, 2018

Page 2of26

RESOLUTION NO. 3-59-18: APPROVAL OF TWO ASSIGNMENTS OF MORTGAGE DOCUMENTS FOR "BUILDING A BETTER NEIGHBORHOOD" IMPACT FUND AGREEMENT

Presented as prut of the Consent Agenda, Councilmember Narverud introduced Resolution No. 3-59· 18, being seconded by Councilmember Sollom, that:

BE IT RESOLVED, by the City Council, to approve authorization of the City Admin· istrator Rod Otterness and Mayor Brian Holmer to sign 2 assigrunents of mortgage documents due to a housekeeping measure for the Impact award 10·2014-08.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 3-60-18: RESOLUTION RELATING TO $3,870,000 ELECTRIC REVENUE BONDS, SERIES 2018A; AUTHORIZlNG THE ISSUANCE, AW ARD ING THE SALE, PRESCRIBING THE FORM AND DETAILS, PROVIDING FOR THE PAYMENT THEREOF

Councilmember Sollom introduced Resolution No. 3-60-18 .. being seconded by Councilmember Prudhomme, that:

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

SECTION I. RECITALS.

This Council has investigated the facts necessary to determine and does hereby find and de­clare the following:

1.01. Electric Utility System. The City has heretofore duly authorized the establishment and operation of a municipal electric distribution system for the distribution of electricity to the res­idents of the City and the surrounding area (the mtmicipal electric utility system as now or hereafter improved, the "Electric Utility").

1.02. Project. It is necessary and in the best interests of the City and its residents that the City make improvements to the Electric Utility (the "Project").

1.03. Necessity of Issuance of Series 2018A Bonds. To provide funds for payment of the costs of the Project, it is necessary for the City to issue its $3,870,000 Electric Revenue Bonds, Se­ries 2018A (the "Series 2018A Bonds"), pursuant to Minnesota Statutes, Sections 453.55 and 453.58, and Chapter 475. Costs of the Project in excess of the proceeds of the Series 2018A Bonds, if any, will be paid from funds on hand which have been generated from the operation of the Elec­tric Utility and are available to be used for this pw-pose.

1.04. Sufficiency of Net Revenues. This Council reasonably anticipates that the Gross Revenues (as hereinafter defined) to be received from the operation of the Electric Utility during the period for which the Series 2018A Bonds will be outstanding will be more than sufficient to pay all costs of the operation and maintenance thereof and to provide Net Revenues (as hercinailer

4

Council Proceedings March 6, 2018

Page 3 of26

defined) adequate to pay the principal of and interest on the Series 2018A Bonds and additional bonds issued in compliance with Sections 7.02 or 7.03 hereof (together with the Series 2018A Bonds, the "Parity Bonds") when due. There are no outstanding obligations payable from or con­stituting a lien or charge upon such Net Revenues, and it is in the best interests of the City that the Series 20 l 8A Bonds be made payable solely from the Net Revenues.

SECTION 2. AUTHORIZATION, SALE AND SECURITY FOR SERIES 2018A BONDS

2.0 I. Conditions Precedent To Issuance of Series 20 l 8A 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 Series 2018A Bonds have been done, do exist, have happened and have been performed, in due form, time and manner as required by law.

2.02. Sale and Award. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, par­agraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. The City has received an offer from Northland Securities, Inc., in Minneapolis, Minnesota (the "Purchaser") to purchase the Bonds at a price of $3,892,100.90, plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. The offer is accept­ed, the sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and the Finance Direc­tor are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the terms of proposal, and approve a policy of bond insurance with re­spect to the Bonds.

2.03. Security for Series 20 l 8A Bonds. The Series 2018A Bonds and the interest coming due thereon shall be payable solely from the Net Revenues of the Electric Utility; however, the Se­ries 20 l 8A Bonds shall not constitute a lien on the property comprising the Electric Utility. The Series 20 l 8A Bonds shall not constitute a general obligation of the City; the full faith and credit and taxing powers of the City are not pledged for the payment of the Series 2018A Bonds and no person shall ever have the right to compel the application of City moneys (other than Net Reve­nues) or the levy of ad valor.em taxes for the payment of such principal and interest.

SECTION 3. SERIES 2018A BONDS: TERMS, EXECUTION AND DELIVERY

3.01. Maturities, Interest Rates, Denominations and Payment. The City shall forthwith is­sue and deliver the Series 2018A Bonds, which shall be dated originally as of April 3, 2018, shall be in fully registered form, in the denomination of $5,000 each or any integral multiple thereof of a single maturity, shall mature on February 1 in the years and amounts set forth below and shall bear interest from their date of original issue until paid or duly called for redemption at the rates per an­num shown opposite such years and amounts as follows:

Year Amount($) Rate(%) Year Amount($) Rate(%)

2019 $165,000 3.000% 2026 $170,000 3.000% 2020 145,000 3.000 2027 175,000 3.000 2021 150,000 3.000 2030 570,000 3.250 2022 155,000 3.000 2033 630,000 4.000 2023 160,000 3.000 2035 460,000 4.000

5

2024 2025

160,000 165,000

3.000 3.000

2038 765,000

Council Proceedings March 6, 20 I 8

Page 4 of26

4.000

The Council finds and dete1mines that such maturities, as set forth above, are warranted by the an­ticipated collection of the Net Revenues of the Electric Utility pledged for their payment. The Se­ries 20 l 8A Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each of the Series 2018A Bonds, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein, provided that, so long as the Series 2018A Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 3.07, principal and interest shall be payable in accordance with the operational ar­rangements of the securities depository.

3.02. Dates and Interest Payment Dates. Upon initial delivery of the Series 2018A Bonds pursuant to Section 3.06 and upon any subsequent transfer or exchange pursuant to Section 3.05, the date of authentication shall be noted on each of the Series 2018A Bonds so delivered, ex­changed or transferred. Interest on the Series 2018A Bonds shall be payable on February l and August 1 of each year, commencing February 1, 2019, each such date being refen-cd to herein as an Interest Payment Date, to the persons in whose names the Series 20l 8A 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 next preceding such Interest Payment Date, whether or not such day is a busi­ness day. lnterest shall be computed on the basis of a 360-day year composed of twelve 30-day months.

3.03. Redemption. Series 2018A Bonds maturing February 1, 2027, and later yea.rs shall be subject to redemption and prepayment at the option of the City, in whole or in pru1, 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, 2026, 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 thereof to 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 registered holders of any Series 2018A Bonds to be redeemed at their addresses as they appear on the Bond Register (as hereinafter defined), but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any of the Series 2018 Bonds not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Series 2018A Bonds or portions of Se­ries 20 l 8A 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 Series 2018A Bonds or portions of Series 2018A Bonds shall cease to bear interest. Upon partial redemption of any of the Seri es 20 l 8A Bonds, new Se­ries 20 l 8A Bonds will be delivered to the owners without charge, representing the remaining prin­cipal amount outstanding.

The Bonds shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 3.03 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The

6

Council Proceedings March 6, 201 8

Page 5 of26

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 the Bonds:

2028 2029

Principal Amount

$185,000 190,000

The remaining $195,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2030.

2031 2032

Principal Amount

$200,000 210,000

The remaining $220,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2033.

Principal Amount

2034 $225,000

The remaining $235,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2035.

2036 2037

Principal Amount

$245,000 255,000

The remaining $265,000 stated principal amount of such Bonds shall be paid at maturity on Febru­ary 1, 2038.

Notice ofredemption shall be given as provided in the preceding paragraph.

3.04. 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 of the 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 ddiver all cash and Series 2018A Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar.

7

Council Proceedings March 6, 2018

Page 6 of26

3.05. Registration. The effect ofregistration and the rights and duties of the City and the Registrar with respect thereto shall be as follows:

(a) Register. The Registrar shall keep at its principal corporate trust office a reg-ister (the "Bond Register") in which the Registrar shall provide for the registration of own­ership of Series 2018A Bonds and the registration of transfers and exchanges of Se­ries 2018A Bonds entitled to be registered, transfened 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 one or more of the Series 2018A Bonds are registered in the Bond Register.

(b) Transfer of Series 2018A Bonds. Upon surrender for transfer of any Se-ries 20 l 8A Bonds duly endorsed by the Holder thereof or accompanied by a written instru­ment of transfer, in fo1m 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 Se­ries 2018A 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 Series 20 18A Bonds. At the option of the Holder of any Se-ries 2018A Bonds in a denomination greater than $5,000, such Series 2018A Bonds may be exchanged for other Series 20 l 8A Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Series 2018A Bonds to be ex­changed at the office of the Registrar. Whenever any Series 2018A Bonds is so surrendered for exchange, the Registrar shall authenticate and deliver one or more new Series 2018A Bonds of a like aggregate principal amount and maturity, as requested by the registered owner in \.Vriting.

( d) Cancellation. All Series 2018A Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of. The Reg­istrar shall furnish the City at least once each year a certificate setting forth the principal amounts and numbers of Series 2018A Bonds canceled and destroyed.

(e) Improper or Unauthorized Transfer. When any of the Series 2018A Bonds are presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Series 20 t SA Bonds 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 Series 2018A Bonds are at any time registered in the Bond Register as the absolute owner of the Series 2018A Bonds, whether the Series 2018A Bonds shall be over~ due or not, for the purpose of receiving payment of or on account of, the principal of and in­terest on the Series 20 l 8A Bonds and for all other purposes; and all payments made to or

8

Council Proceedings March 6, 2018

Page 7 of26

upon the order of such I Colder shall be valid and effectual to satisfy and discharge the liabil­ity upon such Series 2018A Bonds to the extent of the sum or sums so paid.

(g) Taxes, Fees and Charges. For every transfer or exchange of Series 20l8A Bonds (except for an exchange upon a partial redemption of Series 2018A Bonds), the Reg­istrar may impose a charge upon the owner thereof sufficient to reimbrnse 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 Series 2018A Bonds. In case any Se-ries 2018A Bonds become mutilated or be destroyed, stolen or lost, the Registrar shall de­liver a new Series 20·1 sA Bonds of like amount, number, maturity date and tenor in ex­change and substitution for and upon cancellation of any such mutilated Series 20 l 8A Bonds or in lieu of and in substitution for any Series 2018A Bonds destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of Series 2018A Bonds destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Series 2018A Bonds were 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 Series 2018A 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 Series 2018A Bonds have already ma­tured or been called for redemption in accordance with their terms it shall not be necessary to issue new Series 20 t 8A Bonds prior to payment.

(i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Series 20 l 8A Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended.

(j) Valid Obligations. All Series 2018A Bonds issued upon any transfer or ex-change of Series 2018A Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Series 2018A Bonds surrendered upon such transfer or exchange.

3.06. Execution, Authentication and Delivery. The Series 2018A Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the sig­natrnes 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 Series 201 SA Bonds shall cease to be such officer before the delivery of such Series 2018A Bonds, 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 Series 2018A Bonds. Notwithstanding such execution, no Series 2018A Bonds 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 Series 2018A Bonds has been executed by the manual signatrne of an authorized representative of the Registrar. Certificates of authentication on different Series 2018A Bonds need not be signed by the same representative. The executed cer~ tificate of authentication on any Series 2018A Bonds shall be conclusive evidence that it has been

9

Council Proceedings March 6, 20 I 8

Page 8 of26

duly authenticated and delivered under this Resolution. When the Series 2018A 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 heretofore executed, and the Purchaser shall not be obligated to sec to the application of the purchase price.

3.07. Securities Depositor y.

For purposes of this section, the following terms shall have the following meanings:

"Beneficial Owner" means, whenever used with respect to Series 2018A Bonds, the person in whose name such Series 2018A Bonds are recorded as the beneficial owner of such Se­ries 2018A Bonds by a Participant on the records of such Participant, or such person's subrogee.

"Cede & Co." means Cede & Co., the nominee of DTC, and any successor nominee of DIC with respect to the Series 2018A Bonds.

"DTC" means The Depository Trust Company of New York, New York.

"Participant'' means any broker-dealer, bank or other financial institution for which OTC holds Series 2018A Bonds as securities depository.

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

(a) The Series 2018A 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 Series 2018A Bonds. Upon initial issuance, the ownership of such Se­ries 20 l 8A Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DIC (or its nominee) as the sole and exclusive owner of the Series 201 8A Bonds registered in its name for the purposes of payment of the principal of or interest on the Series 2018A Bonds, selecting the Se­ries 20 l 8A Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Series 2018A Bonds under this Resolution, reg­istering the transfer of Series 2018A 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 Series 2018A 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 Series 201 8A 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 Series 2018A Bonds, with respect to any notice which is permitted or required to be given to owners of Series 2018A Bonds under this Reso lution, 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 Se­ries 2018A Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Series 2018A Bonds. So long as any Series 2018A Bonds are regis­tered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of

10

Council Proceedings March 6, 20 l 8

Page 9 of26

and interest on such Series 2018A Bonds, and shall give all notices with respect to such Se­ries 2018A Bonds, only to Cede & Co. in accordance with DTC's Operational Arrange­ments, and all such payments shall he valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Series 2018A Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive authenticat­ed Series 20 l 8A Bonds 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 of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Series 2018A Bonds will be transferable to such new nominee in accord­ance with paragraph (e) hereof.

(b) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Series 2018A Bonds in the fonn of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the participants of the availability through DTC of Series 20l 8A Bonds in the form of certificates. In such event, the Series 2018A Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Series 2018A Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. 1n such event the Series 2018A Bonds will be transferable in accordance with paragraph ( e) hereof.

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

(d) In the event that any t:ransfor or exchange of Series 201 SA Bonds is permit-ted under paragraph (b) or ( c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Series 2018A 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 Series 2018A 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 Series 2018A Bonds, or another securities depository as owner of all the Series 20 l 8A Bonds, the provisions of this Resolution shall also apply to all matters relating thereto, in­cluding, without limitation, the printing of such Series 2018A Bonds in the form of bond certificates and the method of payment of principal of and interest on such Series 2018A Bonds in the form of bond certificates. The Series 2018A Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each of the Series 20 l 8A Bonds, the principal amount thereof, shall be payable by check or draft issued by the Regis· t:rar, provided that, so long as the Series 2018A Bonds are registered in the name of a securi­ties depository, or a nominee thereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository.

SECTION 4. FORM OF SERJES 2018A BONDS. The Bonds shall be prepared in substantially the form found at Exhibit A attached hereto

11

Council Proceedings March 6, 20 18 Page 10 of26

SECTION 5. SECURITY PROVISIONS.

5.01. Definition~. For purposes of this Resolution, the following tenns shall have the fol­lowing meanings:

"Parity Bonds" means any additional bonds which may be issued on a parity with the Series 20 18A Bonds pursuant to Sections 7.02 or 7.03 hereof.

"Series 2018A Bonds" means the $3,870,000 Electric Revenue Bonds, Series 2018A of the City~

"Gross Revenues" means all receipts from rates, tees, charges and rentals established by the City for the availability, benefit and use of the Electric Utility, including availability and benefit to the Cjty, and from any penalties and interest thereon, and from any sales of property constituting a part of the Electric Utility, and from the investment and reinvestment of Gross Revenues;

"Net Revenues" means those revenues defined as such in Section 5.04 hereof; and

"Operating Expenses" means current expenses, paid or accrued, of operation, maintenance and repair of the Electric Utility, as detennined in accordance with generally accepted accounting principles, including but not limited to franchise fees, administrative expenses, premiums for insm­ance, fuel and electric energy purchased and materials, supplies and labor needed for current opera­tion, maintenance and repair, and charges for the accumulation of appropriate reserves for current expenses which do not recur monthly but may reasonably be expected to be incurred; but not in­cluding allowances for depreciation, interest, renewals or replacements of capital assets, transfers to other funds, or any portion of the salary or wages of any officer or employee not representing rea­sonable compensation for the performance of the duties necessary to the operation of the .Electric Utility.

5.02. Bond Proceeds and Revenues Pledged and Appropriated. For the convenient and proper administration of the moneys now and hereafter to be borrowed by issuance of the Se­ries 2018A Bonds, and to make adequate and specific security to the purchasers and holders from time to time of the Series 2018A Bonds, the City shall at all times during which the Series 20 l 8A Bonds are outstanding, continue to maintain on its official books and records an Electric Fund which shall be administered for the purposes and in the manner prescribed herein. All proceeds of the Series 2018A Bonds and all other funds hereafter received or appropriated for purposes of the Electric Utility are appropriated to this Electric Fund. All Gross Revenues of the Electric Utility are irrevocably pledged and appropriated and shall be credited to the Electric Fund as received. Within its Electric Fund, the City shall establish and maintain the separate subfunds or accounts designated and described in Sections 5.03 to 5.07, to segregate income received and expenses prud and accrued for the respective purposes described in those sections. The Gross Revenues received in the Electric Fund shall be apportioned to said accounts (other than the Construction Account) on the fifteenth day of each month, commencing on April 15, 2018.

5.03. Construction Account. To the Construction Account shall be credited from the pro­ceeds of the Series 2018A Bonds the sum of $3,892, 100.90 and all other funds appropriated thereto by the City, and all income received from the investment of the Construction Account. The mon­eys on hand from time to time in the Construction Account shall be used only to pay as incurred

12

Council Proceedings March 6, 2018 Page 11 of 26

and allowed costs of issuance of the Bonds and costs which under generally accepted accounting principles are recognized capital costs of repairs, improvements, betterments or extensions of the Electric Utility including, with respect to the Series 2018A Bonds, the costs of the Project. All moneys remaining in the Construction Accollllt after payment of all costs of the Project, unless ap­propriated for the payment of the cost of other capital improvements to the Electric Utility by reso­lution of the Council, shall be transferred to the Debt Service Account established by Section 5.05.

5.04. Operation and Maintenance Account. On each monthly apportionment of gross reve­nues ("Monthly Apportionment") there shall first be set aside and credited to an Operation and Maintenance Account, as a first charge on the Gross Revenues, such amount as may be required over and above the balance then held in the account to pay the reasonable and necessary Operating Expenses of the Electric Utility which are then due and payable, or are to be paid prior to the next Monthly Apportionment, and to maintain a reasonable operating reserve within the Operation and Maintenance Account of at least two times the average monthly Operating Expenses from the pre­ceding year. Moneys in the Operation and Maintenance Account shall be used solely for the pay­ment of Operating Expens'es of the Electric Utility. The amounts remaining after provision has been made for the Operation and Maintenance Account as provided in this Section are defined as the "Net Revenues" of the Electric Utility.

5.05. Debt Service Account. From the proceeds of the Series 2018A Bonds there shal.l be credited to the Debt Service Account the sum of $0.00 received with respect to the Series 20l8A Bonds. Thereafter, upon each Monthly Apportionment there shall be set aside and credited to the Debt Service Account out of the Net Revenues an amount equal to one-sixth of the interest to be­come due on the next succeeding interest payment date, plus one-twelfth of the principal to become due on the next two succeeding interest payment dates, on all outstanding Series 20 l 8A Bonds, provided that the initial Monthly Apportionments with respect to the Series 2018A Bonds shall be in such larger amounts sufficient to accumulate the sums necessary to make the initial interest payment on the Series 2018A Bonds on February 1, 2019, and the initial principal payment on the Series 2018A Bonds on February 1, 2019. Moneys from time to time held in the Debt Service Ac­count shall be disbursed only to meet payments of principal and interest on the Series 20 l 8A Bonds as such payments become due. If any payment of principal or interest becomes due when moneys in the Debt Service Account are temporarily insufficient therefor, such payment shall be advanced out of any bond proceeds or Net Revenues theretofore segregated and then on hand in the Surplus Account. The amounts remaining after provision has been made for the Debt Service Account as provided in this Section are defined as the "Surplus Net Revenues" of the Electric Utility.

5.06. Debt Service Reserve Account. So long as any Series 2018A Bonds remain outstand­ing, there shall be established and maintained in the Debt Service Reserve Accollllt a balance not less than the Debt Service Reserve Requirement. The Debt Service Reserve Requirement shall be equal to the lesser of (i) 10% of the principal of all Parity Bonds issued and outstanding under this Resolution, (ii) the maximum amollllt of principal and interest to become due in any future fiscal year on all Parity Bonds outstanding under this Resolution or (iii) 125% of the average annual debt service to become due in any future fiscal year on all Parity Bonds outstanding under this Resolu­tion. Forthwith upon delivery of the Series 2018A Bonds, there shall be deposited in the Debt Ser­vice Reserve Account the sum of $275,225.00, from City funds on hand, which is equal to the Debt Service Reserve Requirement effective upon issuance of the Series 2018A Bonds. Moneys on hand in the Debt Service Reserve Account shall be used only to pay maturing principal and interest on

13

Council Proceedings March 6, 2018 Page 12 of26

the Parity Bonds when moneys in the Debt Service Account are insufficient therefor; provided that moneys on hand in the Debt Service Reserve Account may be applied by the City to the payment or discharge of the Parity Bonds or any Series thereof at any time when all outstanding Parity Bonds, or all outstanding Parity Bonds of a series, are to be discharged or paid and the total of moneys on hand in the Debt Service Reserve Account and the Debt Service Account (or the allocable portion thereof in the case of the payment or discharge of a Series of Parity Bonds) plus any other moneys irrevocably appropriated by the City for the purpose are sufficient to pay or discharge all outstand­ing Parity Bonds. In the event that additional bonds are issued pursuant to Section 7.02 or 7.03, provision shall be made to increase the Debt Service Reserve Account, upon issuance of such addi­tional bonds, to an amount equal to the Debt Service Reserve Requirement effective upon the issu­ance of such additional bonds. If the balance on hand in the Debt Service Reserve Account is ever reduced below the Debt Service Reserve Requirement, such deficiency shall be restored out of amounts then on hand in the Surplus Account, or if the Surplus Account is not sufficient therefor, out of the next Surplus Net Revenues received.

5.07. Surplus Account. On each Monthly Apportionment, all Surplus Net Revenues not needed to restore a deficiency in any of the foregoing accounts shall be credited to the Surplus Ac­count, provided that if additional bonds shall at any time be issued payable from said Surplus Net Revenues, in accordance with Section 7.04 hereof, Surplus Net Revenues may be pledged to a sep­arate account for the payment of such additional bonds and interest thereon prior to being deposited into the Surplus Account. Moneys from time to time on hand in the Surplus Account which are not required to meet the current requirements of the foregoing accounts or to be held as a reserve for replacement and depreciation of the Electric Utility, may be used to discharge Series 2018A Bonds in accordance with Section 9, or may be used for any other lawful purpose.

5.08. Deposit and Investment of Funds. All revenues and proceeds of the Series 20l 8A Bonds appropriated to the Electric Fund shall be kept on deposit with one or more depository banks duly qualified under the laws of the State of Minnesota, with the security therein required, except that such revenues and funds may be invested and reinvested in securities which are authorized by Chapter 11 SA, Minnesota Statutes, or any successor chapter or section. All securities purchased shall mature at or before the time when it is estimated that the proceeds thereof will be needed for the purposes of the account from which funds are withdrawn for the purchase. All income, gain or loss on such investments shall be credited or charged, as the case may be, to the account from which the investment was made.

SECTION 6. ADDITIONAL COVENANTS.

6.01. General Covenant. The City covenants and agrees with the holders of the Se­ries 2018A Bonds that until such obligations and interest thereon are fully paid or discharged as provided in this Resolution, it will fully and promptly perform and do all acts and things provided in this Section.

6.02. Rate Covenant. The City wi ll establish and maintain reasonable charges, fees and rentals for all service and benefits of whatsoever nature fumished and made available by the Elec­tric Util ity to all individuals, firms, corporations and governmental subdivisions and agencies, in­cluding the City itseit: in accordance with schedules such that the Gross Revenues derived there­from will at all times be sufficient to meet all payments due from and to maintain the amounts re-

14

Council Proceedings March 6, 20 l 8 Page 13 of26

quired in the Electric Fund and the several accounts therein as provided in Section 5, and will re­vise such rates, charges and rentals whenever necessary for these purposes, and sufficient in any event, except and unless prohibited by law, to produce in each fiscal year Net Revenues not less than 125% of the amount of principal and interest on Parity Bonds payable from the Debt Service Account in said fiscal year.

6.03. Improvements. The City will complete the Project, in accordance with plans and specifications approved and to be approved by the Council and at a total cost not to exceed the amount of the proceeds of the Series 2018A Bonds and Net Revenues of the Electric Utility or oth­er moneys available and appropriated for the payment thereof, under contracts advertised and awarded or to be advertised and awarded and secured by surety bonds executed in accordance with the laws of the State of Minnesota.

6.04. Continued Ownership. The City will continue its ownership and operation of the Electric Utility, until all Parity Bonds have been fully paid or discharged as provided by Section 9, and will cause it to be maintained in good and efficient operating condition, free from all liens on the revenues or the physical properties thereof, other than the liens herein provided, and will not sell or otherwise dispose of any capital assets of the Electric Utility except as provided herein. The City may at any time sell or otherwise dispose of any part of the Electric Utility, in the reasonable judgment of the Council, which is obsolete, inadequate, worn out, or no longer necessary or desira­ble for continued operation of the Electric Utility, provided that any amounts received upon such sale or other disposition of such properties shall be deposited in the Debt Service Account or ap­plied toward payment of the cost of procuring other capital assets useful in operation of the Electric Utility. The City may also at any time discontinue its operation of the Electric Utility and there­upon sell or otherwise dispose of any part or all of the assets thereof provided that all of the follow­ing conditions are satisfied:

(a) The Council shall have adopted a resolution determining that it is in the best interest of the City that the City shall discontinue its operation of the Electric Utility;

(b) The Council shall have entered into a contract for the sale or other disposi-tion of part or all of the Electric Utility on terms such that the City is entitled to receive amounts at all times sufficient to pay when due the interest to accrue on all outstanding Se­ries 2018A Bonds to their maturity dates or earlier designated redemption dates and to pay when due the entire principal amount of all outstanding Series 2018A Bonds at maturity or upon prior redemption;

(c) The Council shall have adopted resolutions irrevocably pledging to payment of the outstanding Series 2018A Bonds, and interest thereon, the amounts to be received by the City under paragraph (b ); and

(d) The City shall have received from nationally recognized bond counsel, a written opinion stating that the result of the pledge made in accordance with paragraph (c) will not result in the interest payable on the Series 20 l 8A Bonds thereafter being includable in gross income for Federal income tax purposes. 6.05. Books and Records. The City will cause proper and adequate books ofrecord and ac­

count to be maintained, reflecting all receipts and disbursements and all accrued claims and ex-

15

Council Proceedings March 6, 2018 Page 14of26

penses in connection with the operation, maintenance and improvement of the Electric Utility and the payment of obligations incurred therefor, and will cause them to be audited annually by a quali­fied independent certified public accountant.

6.06. Insurance. The City will procure and keep in force at all times insurance on all build­ings, structures, improvements, machinery and equipment constituting at any time a part of the Electric Uti lity, exclusive of foundations and excavations, against the perils covered under "extend­ed coverage" or "all risk" insurance approved by the Insurance Department of the State of Minne­sota, in such amounts as like properties are customarily insured for by prudent owners thereof, and will maintain public liability insurance at all times in amounts not less than the amounts in excess of which the City is immune from tort liability under the laws of the State of Minnesota, for all acts and omissions of its officers and employees concerned with the operation and maintenance of the Electric Utility, and will procure and keep in force surety company bonds covering all officers and employees handling Electric Utility funds, in amounts sufficient to cover at all times the funds in their hands. In the event of loss or damage compensated by any such insurance or bonds, the pro­ceeds thereof shall be used to repair and restore the damage compensated.

6.07. Bondholders' Rights. The holders of not less than 25% in aggregate principal amount of the Series 2018A Bonds which are at such time outstanding may, either at law or in equity, by suit, action or other proceedings, protect and enforce the rights of all holders of the Series 2018A Bonds and compel the perfonnance of any and all of the covenants required herein lo be perfo1med by the City and its officers and agents, including but not limited to the establishment and mainte­nance of charges, fees and rentals and the collection and proper segregation of revenues and the use thereof. The holders of a majotity in principal amount of all outstanding Series 2018A Bonds shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to such holders or the exercise of any power confen-ed upon them, and the right to waive a default in the perf01mance of any such covenant, and its consequences, except a default in the payment of the principal of or interest on any Series 20 l 8A Bonds when due. However, nothing herein shall impair the absolute and unconditional right of the holder of each of the Series 20 l 8A Bonds to receive payment of the principal thereof and interest thereon as such principal and interest respectively become due, from the Net Revenues pledged and appropriated for the payment thereof, and to institute suit for the enforcement of any such payment.

6.08. Limitation; Series 2018A Bonds not Debt. The Series 2018A Bonds shall not consti­tute in any manner indebtedness, bonds or certificates of indebtedness of the City within the mean­ing of any provision of state law limiting the amount or method of incurring such indebtedness, and shall be payable solely from the Net Revenues of the Electric Utility which are pledged and appro­priated for that purpose in this Resolution, and the taxing powers of the City are not pledged in any manner for the payment thereof, except as may be needed for the payment of reasonable charges for electric utility service and benefits rendered and available to the City.

6.09. Competing Service. To the extent permitted by law, the City will not grant a fran­chise for, establish or authorize the establishment of any other system for the public supply of ser­vice or services in competition with any or all of the services supplied by the Electric Utility.

16

SECTION 7. PRIORITIES AND ADDITIONAL BONDS.

Council Proceedings March 6, 20 I 8 Page 15of26

7.01. Priolity of Bond Payments. Except as otherwise expressly provided herein, each and all of the Parity Bonds shall be equally and ratably secured by and payable out of the Net Revenues without preference or priority of any one Bond over any other by reason of date of issue or maturi­ty, serial number or otherwise, provided that if at any time the Net Revenues on hand in the EJectric Fund as defined in Section 5 hereof are insufficient to pay principal and interest then due on all Par­ity Bonds, any and all moneys then on hand shall be first used to pay the interest accrued on all out­standing Parity Bonds, and the balance shall be applied towaJd payment of the maturing principal of outstanding Parity Bonds in order of their maturities, the earliest maturing Parity Bonds to be paid first, and pro rata in payment of Parity Bonds maturing on the same date.

7 .02. Refunding Bonds. The City reserves the right to issue one or more series of addition­al bonds to refund any or all of the Series 20 I 8A Bonds then outstanding. Any additional bonds is­sued for refunding purposes may be made payable from the Net Revenues on a parity as to princi­pal and interest with all then outstanding Series 20 l 8A Bonds, provided that (1) the maturity of each refunding revenue bond shall be subsequent to the last maturity of any then outstanding Se­ries 2018A Bonds which are not refunded or othen:vise discharged in accordance with Section 9 hereof, and (2) no bondholder shall be required to accept a refunding revenue bond in exchange for any Series 2018A Bonds owned by the bondholder.

7.03. Other Parity Bonds. The City reserves the right to issue additional bonds, over and above the amount, if any, issued pursuant to Section 7.02, payable from the Debt Service Account, on a parity as to both principal and interest with the Parity Bonds and any additional bonds thereto­fore issued, if the annual Net Revenues of the Electric Utility for each of the last two complete fis­cal years preceding the issuance of such additional bonds have equaJed at least 125% of the average annual principal and interest payable from the Debt Service Account in any subsequent fiscal year during the term of the outstanding Parity Bonds, on all Parity Bonds then outstanding (other than any bonds to be refunded by the additional bonds) and on the additional bonds proposed to be is­sued. For the purpose of the foregoing computation, the Net Revenues for the two fiscal years pre­ceding the issuance of additional bonds shall be the Net Revenues as defined in Section 5.04 and as shown by the official books and records of the City, provided, however, that for the purposes of this Section, the preceding two year's Net Revenues may be adjusted to reflect the following:

(1) estimates of additional gross revenues to be derived from the addhion of any large Electric Utility customers since the beginning of the preceding two fiscal years;

(2) estimates of additional gross revenues to be derived from rate mcreases placed in effect since the beginning of the preceding two fiscal years;

(3) estimates of additional gross revenues to be derived from firm agreements for the sale of significant amounts of excess power, which have been entered into since the beginning of the two preceding fiscal years; or

(4) estimated savings on operating costs, electric demand charges or base power costs which would have been realized if the proposed improvement had been in existence throughout the full two preceding fiscal years.

17

Council Proceedings March 6, 20 I 8 Page 16of26

If any adjustments are made to historic Net Revenues for the purposes of this Section as provided above, any estimate shall be made in writing by professional engineers or independent certified public accountants or financial advisors experienced in utility design, operation and financing, and not in the regular employ of the City except as they are employed in a consulting capacity ("Utility Consultants"). In no event shall any additional bonds within the meaning of this Section 7 be is­sued if the City is then in default in any payment of principal or interest on any outstanding Parity Bonds, or if there then exists any deficiency in the balances required by this Resolution to be main­tained in any of the accounts of the Electric Fund. As an alternative to the foregoing test for issuing additional bonds, additional bonds may also be issued upon receipt of a report of a Utility Consult­ant concluding that the forecasted Net Revenues of the Electric Utility:

(1) in the case of additional bonds to finance capital improvements which have not yet been acquired or constructed, for each of the two complete Fiscal Years next suc­ceeding the date such capital improvements are expected to be placed in service, or,

(2) in the case of additional bonds not financing capital improvements, for each of the two complete Fiscal Years next succeeding the date on which the additional bonds are issued,

will not be less than 125% of the average amount of principal and interest payable from the Debt Service Account in any future fiscal year during the term of the then outstanding Parity Bonds, on all Parity Bonds then outstanding (other than any bonds to be refunded by the additional bonds) and on the additional bonds proposed to be issued, as shown by forecasted financial statements for each such period; any Utility Consultant's report delivered pursuant hereto must be accompanied by such forecasted financial statements and by a statement of the relevant assumptions upon which such forecasted statements are based.

7.04. Subordinate Lien Bonds. Notwithstanding other provisions of Section 7, nothing contained in this Resolution or in the Series 2018A Bonds shall be construed to preclude the City from issuing additional bonds when necessary for the enlargement, improvement or extension of the Electric Utility, provided that such additional bonds, whether constituting a general obligation of the City or being payable solely from revenues of the Electric Utility, are expressly made a charge on and are payable only from the Surplus Net Revenues of the Electric Utility, are not supe­rior to or on a parity with Parity Bonds payable from the Debt Service Account, and the annual Net Revenues of the Electric Utility for each of the last two complete fiscal years preceding the issu­ance of such additional bonds have equaled at least 100% of the maximum annual principal and in­terest payable from said Debt Service Account in any subsequent fiscal year during the tenn of the outstanding Parity Bonds, on all Parity Bonds then outstanding (other than any bonds to be refund­ed by the additional bonds) and on the additional bonds proposed to be issued.

SECTION 8. AMENDMENTS.

8.01 . Amendments Without Bondholder Consent. The City reserves the right to amend this Resolution from time to time and at any time, for the purpose of curing any ambiguity or of curing, correcting or supplementing any defective provision contained herein, or of making such provision with regard to matters or questions arising hereunder as the Council may deem necessary or dcsira-

18

Council Proceedings March 6, 2018 Page l 7 of26

ble and not inconsistent with this Resolution, and which shall not adversely affect the interests of the holders of Series 201 SA Bonds issued hereunder, or for the purpose of adding to the covenants and agreements herein contained, or to the Gross Revenues herein pledged, other covenants and agreements thereafter to be observed and additional Gross Revenues thereafter appropriated to the Electric Fund, for the purpose of surrendering any right or power herein reserved to or conferred upon the City or for the purpose of authorizing the issuance of additional bonds in the manner and subject to the terms and conditions prescribed in Section 7. Any such amendment may he adopted by resolution, without the consent of the holders of any of the Series 20 l 8A Bonds.

8.02. Amendments With Bondholder Consent. With the consent of the holders of Se­ries 2018A Bonds as provided in Section 8.03, the City may from time to time and at any time amend this Resolution by adding any provisions hereto or changing in any manner or eliminating any of the provisions hereof, or of any amending resolution, except that no amendment shall be adopted at any time without the consent of the holders of all Parity Bonds then outstanding and af­fected by the proposed amendment, if it would extend the maturities of any such bonds, would re­duce the rate or extend the time of payment of interest thereon, would reduce the amount or extend the time of payment of the principal thereof~ would give to any Series 2018A Bonds any privileges over any other Series 20 l 8A Bonds, would reduce the sources of Gross Revenues appropriated to the Electric Fund, would authorize the creation of a pledge of said Gross Revenues prior to or on a parity with the Series 20 l 8A Bonds (except as is authorized by Section 7), or would reduce the per­centage in principal amount of Series 2018A Bonds required to authorize or consent to any such amendment.

8.03. Notice and Consent. Any amendment adopted pursuant to Section 8.02 shall be made by resolution duly adopted and shall become effective only upon the filing of written consents with the City Administrator, signed by the holders of not less than a majority in principal amount of the Series 20 l 8A Bonds then outstanding or, in the case of an amendment not affecting all outstanding Series 2018A Bonds, by the holders of not less than a majority in aggregate principal amount of the bonds affected by such amendment. Any written consent to an amendment may be embodied in and evidenced by one or any number of concut1'ent written instruments of substantially similar ten­or signed by bondholders in person or by agent duly appointed in writing, and shall become effec­tive when delivered to the City Administrator. Any consent by the holder of any Series 2018A Bond shall bind the holder and every future holder of the same bond with respect to any amend­ment adopted by the City pursuant to such consent.

8.04. Proof. Proof of the execution of any consent, or of a writing appointing any agent to execute the same, or of the ownership by any person of Series 20 l 8A Bonds, shall be sufficient for any purpose of this Resolution and shall be conclusive in favor of the City if made in the manner provided in this Section 8.04. The fact and date of the execution by any person of any such consent or appointment may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgments of deeds, certify­ing that the person signing it acknowledged the execution thereof. The amount of Series 2018A Bonds held by any person by or for whom a consent is given, and the distinguishing numbers of such Series 20 l 8A Bonds, and the date of the holder's holding the same, shall be proved by the Bond Register. The fact and date of execution of any such consent and the amount and distinguish­ing numbers of bonds held by the person executing the same may also be proved in any other man-

19

Council Proceedings March 6, 201 8 Page 18 of26

ner which the City may deem sufficient; but the City may nevertheless, in its discretion, require fur­ther proof in cases where it deems further proof desirable.

SECTION 9. DEFEASANCE. When all of the Series 2018A Bonds have been discharged as pro­vided in this Section 9, all pledges, covenants and other rights granted by this Resolution to the holders of the Series 20l8A Bonds shall cease. The City may djscharge its obligations with respect to any Series 2018A Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Series 2018A Bonds 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 to the date of such de­posit. The City may also at any time discharge its oh\ igations with respect to any Series 2018A Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvest­ment, to pay all principal and interest to become due thereon to maturity or earlier designated re­demption date.

SECTION 10. DISCLOSURE.

TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING

10.01. County Auditor Registration. The City Administrator is hereby authorized and di ­rected to file a certified copy of this Resolution with the County Auditor of Pennington County, to­gether with such other information as the County Auditor shall require, and to obtain from the County Auditor a certificate that the Series 20 l 8A Bonds have been entered on the bond register as required by law.

10.02. Certification of Proceedings. The officers of the 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 of the City, and such other affi­davits, certificates and information as may be required to show the facts relating to the legality and marketability of the Series 201 8A Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein.

l 0.03. General Tax Covenant. The City covenants and agrees with the holders from time to time of the Series 2018A Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Series 2018A Bonds to be­come includable in gross income under the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations (the "Regulations"), and covenants to take any and all actions within its powers to ensure that the interest on the Series 20 l 8A Bonds will not become includable in gross income under the Code and the Regulations. Specifically, the City covenants that so long as any Series 201 SA Bonds are outstanding, it will continue to own and operate the Electric Utility as a public utility available on a substantially equal basis to all members of the gen­eral public. The City will not enter into any lease, management agreement, capacity agreement,

20

Council Proceedings March 6, 2018 Page 19 of26

output contract or other agreement which would cause the Series 2018A Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code.

10.04. Arbitrage Ce1tifi.cation. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Series 2018A 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 Series 2018A Bonds which make it rea­sonable to expect that the proceeds of the Series 2018A Bonds will not be used in a manner that would cause the Series 2018A Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations.

10.05. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate 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 l 48(f) and applicable Regulations 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.

10.06. Qualified Tax-Exempt Obligations. In order to enhance the marketability of the Se­ries 20 l 8A Bonds, this Council hereby specifically designates the Series 20 l 8A Bonds as "quali­fied tax-exempt obligations" within the meaning of Section 265 of the Code. The City hereby de­clares that it does not reasonably expect to issue in calendar year 2018 tax-exempt obligations in an aggregate principal amount greater than $10,000,000 (exclusive of private activity bonds) and cov­enants that it will not in any event designate in calendar year 2018 more than $10,000,000 of its ob­ligations as such "qualified tax-exempt obligations."

I 0.07. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimbw·se itself for any expenditure with respect to the equipment 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 provis ions 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 equipment meeting the requirements of Section l. l 50-2(t){l) of the Regulations, or (ii) with respect to "pre­liminary expenditures" for the equipment as defined in Section l.150-2(f)(2) of the Regulations which in the aggregate do not exceed 20% of the "issue price" of the Bonds.

10.08. Official Statement. The Official Statement relating to the Series 2018.A Bonds, pre­pared and distributed by Northland Securities, Tnc., 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 lhe date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, and the underwriters. 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.

21

Council Proceedings March 6, 20 l 8 Page 20 of26

I 0.09. 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 petmit 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. I 5c2-12), 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 fai ls 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 Bondowner 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 (i) 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 (ii) 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:

(I) on or before twelve (12) months after the end of each fiscal year of the City, com­mencing with the fiscal year ending December 31, 2017, 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

(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:

22

Council Proceedings March 6, 2018 Page 21 of 26

Coverage Ratio Analysis and Electric Utility System - «Number and Classi­fication of Metered Connections," "Rate Schedule,>' and "Largest Users."

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, 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 de­scribed in paragraph (2) hereof, then, from and after such detennination, the Disclosure Information shall include such additionaJ specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(l) or subsec­tion (d), then the City shall include in the next Disclosure Information to he 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 tax.ability, Notices of Proposed Issue (IRS Fonn 5701 ~ TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the Bonds;

(G) Modifications to rights of Bond holders, if material; (H) Bond calls, if material , and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the Bonds, if

material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated per­

son; (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

23

Council Proceedings March 6, 20 18 Page22 of26

definitive agreement to undertake such an action or the termination of a de­finitive agreement relating to any such actions, other than pursuant to its tenns, if material; and

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

As used herein, for those events that must be reported if material, an event is "material" if it is an event 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, an event is also "material" if it is 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 oflicials 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 of the 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 whicb the financial statements constituting a portion of the Disclosure Information are prepared; and

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

( c) Manner of Disclosure.

(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.

24

(d) Term; Amendments; Lnterpretation.

Council Proceedings March 6, 20 18 Page 23 of 26

(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 del ivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final j udicial 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 (e)(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) of the 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 of the 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 Bondovvners under the Rule.

1f 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, of the change in the type of financial in­formation or operating data being provided hereunder.

(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) of the Rule.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 3-61-18: AN ORDINANCE OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AME NDING CITY CODE CHAPTER 152 ENTITLED "ZONING CODE" BY AMENDING 152.095 (D)(4) LIMITING H EIGHT OF SIGNS AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 152.998, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS

25

Council Proceedings March 6, 2018 Page 24 of26

Councilmember Narverud motioned, being seconded by Councilmcmber Brown, to call for the sec­ond reading of an ordinance amending 152 to provide for the amendment of city ordinance 152.095, D, 4, remove the limitation that an attached sign shall not extend higher than one foot be­low the roof line and allow an attached sign to extend no higher than the roof line. 1he motion was unanimously carried. City Attorney Sparby read the proposed ordinance.

Councilmember Narverud introduced Resolution No. 3-61-18, being seconded by Councilmember Sollom, that:

THE CITY COUNCIL OF THIEF RIVER FALLS ORDAINS:

Section 1. City Code Chapter 152.095 (D) (4) is hereby amended to read as follows:

Heigllt limitations. No attached sign shall exceed eight feet in height, nor shall any attached sign extend higher than the roof line.

Section 2. City Code Chapter I 0 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 pa<isage, approval , and publication.

On vote being taken, the resolution was unanimously passed.

RESOLUTION NO. 3-62-18: AN ORDINANCE OF THE CITY OF THIEF RIVER FALLS, MINNESOTA, AMENDlNG CITY CODE CHAPTER 152 ENTITLED "ZONING COOE" 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 PENAL TY PROVISIONS

Councilmember Sollom motioned, being seconded by Councilmcmber Narverud, to call for the second reading of an ordinance amending the city zoning districts map, and by adopting by reference city code chapter l 0 and section 152. 998, which, among other things, contain penalty provisions. City Attorney Sparby read the proposed ordinance.

CouncilmemberNarverud introduced Resolution No. 3-62-18, being seconded by Councilmcmber Aarestad, 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 High Density Residential District (R-4) to General Business District (C-2):

Lot One (1), Block One (1), Noper's Fifth Addition to Thief River Falls.

Section 2. City Code Chapter 10 entitled "General Provisions" and Section 152. 998 entitled 26

Council Proceedings March 6, 2018 Page 25 of26

"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. 3-63-18: APPROVAL TO SUBMIT AN OUTDOOR RECREATION GRANT APPLICATION WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR) FOR ANNIE PARK

A Request for Council Action was reviewed. Following discussion, Councilmember Howe intro­duced Resolution No. 3-63-18. being seconded by CounciJmember Prudhomme, that:

WHEREAS, the City of Thief River Falls owns a 3.5 acre parcel east of the Canadian Pa­cific Railroad between Greenwood Street and Annie Street. This property was donated to the city by the Kozojed family and has been utilized as an undeveloped park. Since the completion of the Greenwood Street underpass this property has been more visible and widely recognized as an imp01tant park for further development; and

WHEREAS, private fund raising efforts have taken place with support from the city council. lhe city submitted a DNR Outdoor Recreation Grant in 2017, but was not suc­cessful. This grant period is open again with an application dead! ine of March 30, 2018. The application would include the cost to complete a new playground system, additional fencing, bituminous surfacing of the alley and sidewalks. This would allow for a safe playground that is fully handicap accessible. The grant application is for 50% of the cost of the improvements. The vendor for the park equipment is undetermined at this time.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to approve submitting an Outdoor Recreation Grant applica­tion with the Minnesota Department of Natural Resources (DNR) for playground equip­ment and supporting infrastructure at Annie Park.

On vote being taken, the resolution was unanimously passed.

UPCOMING l\iIEETINGS/EVENTS

• State of the City - March 8th at 5:00 p.m. NCTC Theatre • Utilities Committee Meeting - March l ih at 7 :00 a.m. • Public Safety/Liquor Committee Meeting - March 1th at 4:30 p.m. • Administration Committee Meeting - March 13th at 4:30 p.m. • Public Works Committee Meeting - March 14th at 4 :30 p.m. • Thief River Falls Day at the Capitol - March 20th • City Council Meeting - March 201

h at 5:30 p.m.

ADJOURNMENT

27

Council Proceedings March 6, 2018 Page 26 of26

There being no further discussion, Councilmember Sollom moved, being seconded by Councilmember Prudhomme to adjourn. On vote being taken, the Chair declared the motion unanimously carried

Brian D. Holmer, Mayor

Rodney Ottemess, City Administrator

28

City of Thief River Falls I #7.03 1

ELECTRIC DEPARTMENT

HISTORIC SOD LINE R.R. DliPOT 405 Third Street East . P.O. Box. 528 ThiefRiver Falls, MN 56701-0528

Pl IONE: 2 18 681-5816

email: dnurlock@citytrf.net

Request for Council Action

DATE: March 20, 2018

SUBJECT: Approval of Progression Raise for McLain Stennes, Power Plant Oper/Lineworker

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

MOTION TO: Accept the Public Utilities Committee recommendation to grant McLain Stennes, Power Plant Operator, Apprentice Lineworker, a progression raise. Mr. Stennes shall progress to Step 3 of the Power Plant Operator/ Journey Lineworker salary schedule for a new salary of $25.73 per hour, effective April 5, 2018.

BACKGROUND: Mr. Stennes was hired on April 5, 2018 and has completed the requirements for progression to Step 3.

FINANCIAL CONSIDERATIONS: This is a budgeted 2018 salary.

DEPARTMENT/RESPONSIBLE PERSON: Dale Narlock, Electric Superintendent

29

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.03 I

RESOLUTION NO. : APPROVAL OF PROGRESSION RAISE FOR MCLAIN STENNES, POWER PLANT OPERATOR/LINEWORKER

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

WHEREAS, Mr. Stennes was hired on April 5, 2018 and has completed the requirements for progression to Step 3.

THERE.FORE, BE IT RESOLVED, by the City Council, to accept the Public Utilities Committee recommendation to grant McLain Stennes, Power Plant Operator, Apprentice Lineworker, a progression raise. Mr. Stennes shall progress to Step 3 of the Power Plant Operator/Journey Lineworker salary schedule for a new salary of $25.73 per hour, effective April 5, 2018.

Presented at the March 20, 2018 Council Meeting

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

Seconded by: __________ _

Roll Call (if required): _ Holmer_Howe _ Sollom _Hagen _Brown _ Prudhomme _ Aarestad _ Narverud

Notes: _________________________ _

30

City of Thief River Falls 1 #7.04

ELECTRIC DEPARTMENT

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

PHONE: 218 681-5816

email: dnarlock@dtytrf.net

Request for Council Action

DATE: March 20, 2018

SUBJECT: Approval of Progression Raise for Wyatt Wheeler, Apprentice Lineworker

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

MOTION TO: Accept the Public Utilities Committee recommendation to grant Wyatt Wheeler, Apprentice Lineworker, a progression raise. Mr. Wheeler shall progress to Step 4 of the Apprentice Lineworker salary schedule for a new hourly wage of $28.01 effective March 21, 2018.

BACKGROUND: Mr. Wheeler was hired as an Apprentice Lineworker on September 21 , 2016 and has successfully progress through the salary schedule and is now eligible for Step 4.

FINANCIAL CONSIDERATIONS: This a budgeted wage increase.

DEPARTMENT/RESPONSIBLE PERSON: Dale Narlock, Electric Superintendent

31

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

RESOLUTION NO.: APPROVAL OF PROGRESSION RAISE FOR WYATT WHEELER, APPRENTICE LINEWORKER

I #7.04 I

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

WHEREAS, Mr. Wheeler was hired as an Apprentice Lineworker on September 21, 201 6 and has successfully progress through the salary schedule and is now eligible for Step 4.

THEREOFRE, BE IT RESOLVED, by the City Council, to accept the Public Utilities Committee recommendation to grant Wyatt Wheeler, Apprentice Lineworker, a progression raise. Mr. Wheeler shall progress to Step 4 of the Apprentice Lineworker salary schedule for a new hourly wage of $28.01 effective March 21, 2018.

Presented at the March 20, 2018 Council Meeting

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

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

Roll Call (if required): _ Holmer_Howe _Sollom _Hagen _Brown _Prudhomme _ Aarestad _Narverud

Notes: -----------------------~--

32

405 Third Street east • PO Box 528 Thief River Palls MN 56701-052&

DATE: March 20, 2018

i~er falls

Request for Council Action

SUBJECT: Approval of Progression Raise for Paul Gonsorowski, Firefighter

I #1.os I

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

MOTION TO: Accept the Public Safety Committee recommendation and grant Paul Gonsorowski a progression raise. Mr. Gonsorowski shall progress to Step 5 of 5 of the Firefighter salary schedule for a new houri y wage of $28. 01, effective Apri I 6, 2018.

BACKGROUND: Mr. Gonsorowski was hired as a Firefighter by Resolution No. 4-1 OOP 16 at Step 3 of the salary schedule and has successfully progressed through the salary schedule. He is now eligible for progression to Step 5.

FINANCIAL CONSIDERATIONS: This is a budgeted salary.

DEPARTMENT/RESPONSIBLE PERSON: Marty Semanko & Rick Beier, CopFire Chiefs

33

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #1.os I

RESOLUTION NO. : APPROVAL OF PROGRESSION RAISE FOR PAUL GONSOROWSKI, FIREFIGHTER

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

WHEREAS, Mr. Gonsorowski was hired as a Firefighter by Resolution No. 4-100-16 at Step 3 of the salary schedule and has successfully progressed through the salary schedule. He is now eligible for progression to Step 5.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Safety Committee recommendation and grant Paul Gonsorowski a progression raise. Mr. Gonsorowski shall progress to Step 5 of 5 of the Firefighter salary schedule for a new hourly wage of $28.01, effective April 6, 2018.

Presented at the March 20, 2018 Council Meeting

Introduced by: _ _________ _

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

Roll Call (if required): _Holmer_ Howe _Sollom _Hagen _ Brown _Prudhomme _Aarestad _Narverud

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

34

SWIFT Contract Number: 138070

STATE OF MINNESOTA HUMAN TRAFFICKING INVESTIGATORS TASK FORCE

JOINT POWERS AGREEMENT

This Joint Powers Agreement ("Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Thief River Falls on behalf of its Police Department ("Governmental Unit"),

Recitals

Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. The parties wish to work together to investigate and prosecute human trafficking and sexual exploitation of children. The Governmental Unit wants to participate in the Minnesota Human Trafficking Investigators Task Force ("MNHITF") as an affiliate member.

Agreement

1. Term of Agreement 1.1 Effective Date. This Agreement is effective on the date SCA obtains all required signatures

pursuant to Minnesota Statutes, § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires December 31, 2019, unless terminated earlier

pursuant to clause 12.

2. Purpose The Governmental Unit and SCA enter into this Agreement to make the Governmental Unit part of the Minnesota Human Trafficking Investigators Task Force that will use a three-pronged approach to combat human trafficking and the sexual exploitation of children: prevention, education and enforcement. The BCA will provide a Senior Special Agent who will serve as the Commander of the task force.

3. Standards The Governmental Unit will adhere to the MNHITF Standards identified below.

3.1 Investigate human trafficking crimes committed by organized groups or individuals related to child sexual exploitation, sex trafficking with a focus on minors being trafficked, and labor trafficking. 3.2 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including electronic devices. 3.3 Investigators will understand and use appropriate legal procedures in the use of informants including documentation of identity, monitoring of activities, and use and recordation of payments. 3.4 Investigators will use, as appropriate, a broad array of investigative technologies and techniques. 3.5 Investigators will interview and prepare reports of victim rescues and be able to direct those victims to appropriate public and private resources to help ensure their safety and integration back into society. 3.6 Affiliate Task Force members must be able to dedicate sufficient time to the task force to

1 To OSP 11/2017 35

SWIFT Contract Number: 138070

complete their assigned duties for the duration of the term of this Agreement. 3.7 Investigators must be licensed peace officers. 3.8 Affiliate members will investigate cases involving cross-jurisdictional, high impact and/or organized groups involving human trafficking. The assignment may require investigators to travel to neighboring jurisdictions as investigations expand or as assigned by the task force commander. 3.9 Affiliate members will be asked to participate in pro-active operations deterring sexual exploitation of children and rescuing victims of human trafficking primarily focused on minors with the goal of identifying their traffickers. 3.10 Affiliate Task Force members will prepare an operational briefing sheet for each active operation, to be approved by the task force commander. 3.11 Affiliate Task Force members will prepare investigative reports to be submitted to the task force commander. Affiliate members must submit statistics to the task force commander on a monthly basis. 3.12 Affiliate members are assigned to their home agencies and may request assistance and resources on a case-by-case basis as approved by the task force commander. 3.13 Affiliate members must deconflict case investigations with the MNHITF deconfllction system.

4. Responsibilities of the Governmental Unit and the BCA 4.1 The Governmental Unit will:

4.1.1 Conduct investigations in accordance with provisions of the MNHITF Standards, identified in clause 3 above. and conclude such investigations in a timely manner.

4.1.2 Maintain accurate records of prevention, education, and enforcement activities, to be collected and forwarded quarterly to the BCA for statistical reporting purposes.

4.1.3 Assign , on a part-time basis, one or more employees of the Governmental Unit as members to the MNHITF. All employees of the Governmental Unit assigned as members, and while performing MNHITF assignments, shall continue to be employed and directly supervised by the same Governmental Unit currently employing that member. All services. duties, acts or omissions performed by the MNHITF member will be within the course and duty of the member's employment and therefore covered by the Workers Compensation and other compensation programs of the Governmental Unit including fringe benefits.

4.1.4 Make a reasonable good faith attempt to be represented at all scheduled MNHITF meetings in order to share information and resources among the MNHITF members.

4.1.5 Participate fully in any audits required by the Minnesota Human Trafficking Task Force.

4.2 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by a member as an employee of the Governmental Unit.

5. Payment 5.1 Governmental Unit must first submit a written request for funds and receive approval for the funds from BCA 5.2 Governmental Unit must supply original receipts to be reimbursed on pre-approved requests. Approved reimbursement will be paid directly by the BCA to the Governmental Unit within thirty (30} calendar days of the date of the invoice with payment made to the address listed above.

6. Authorized Representatives The BCA's Authorized Representative is:

Name: Jeffrey Hansen, Deputy Superintendent Address: Department of Public Safety; Bureau of Criminal Apprehension

Telephone: E-mail Address:

To OSP 11/2017

1430 Maryland Street East Saint Paul. MN 55106 651. 793. 7000 jeff.hansen@state.mn.us

2

36

The Governmental Unit's Authorized Representative is:

Name Address:

Telephone: E-mail Address:

Dick Wittenberg, Chief 102 151 St W Thief River Falls, MN 56701 218-681-6161 dwitten berg. trfpd@citytrf.net

7. Assignment, Amendments , Waiver, and Agreement Complete

SWIFT Contract Number: 138070

7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement.

7 .2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office.

7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it.

7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral , may be used to bind either party.

8. Liability The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA's liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes,§ 3.736, and other applicable law. The Governmental Unit's liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes,§§ 466.01-466.15, and other applicable law.

9. Audits Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the State Auditor and/or Legislative Aud itor, as appropriate, for a minimum of six (6) years from the end of this Agreement.

10. Government Data Practices The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statutes§ 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA.

11. Venue The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.

12. Expiration and Termination 12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days

written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination .

12.2 Upon expiration or earlier termination of this Agreement, the Governmental Unit sha ll provide the MNHITF Commander all investigative equipment that was acquired under this Agreement.

3 To OSP 11/2017 37

SWIFT Contract Number: 138070

13. Continuing Obligations The following clauses survive the expiration or cancellation of th is Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11 , Venue.

The parties itrdicate their agreement and authority to execute this Agreement by signing below.

1. AGENCY

(PRINTED)

Signed:--------------

Title: -------- -------

Date:---------------

Name: ______________ _

(PRINTED)

Signed: _____________ _

Title: ___ ___________ _

(with delegated authority)

Date:--------------

To OSP 11/2017 4

2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION

(PRINTED)

Signed:--------------

Title:---------------

(with delegated authority)

Datt: _____ _ _ ___ ____ _

4. COMMISSIONER OF ADMINISTRATION

delegated to Materials Management Division

By: _______________ _

Dme: ______________ _

38

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

l #7.06 I

RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF THIEF RIVER FALLS ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA H UMAN TRAFFICKING INVESTIGATORS TASK FORCE (MNHITF)

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

WHEREAS, the City of Thief River Falls on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute human trafficking and sexual exploitation of children.

NOW, THEREFORE, BE IT RESOLVED by the City of Thief River Falls, Minnesota as follows:

1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City ofThlefRiver Falls on behalf of its Police Department, are hereby approved. A Copy of the Joint Powers Agreement is attached to this Resolution and made a part of it

2. That the Police Chief, Dick Wittenberg, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City' s connection to the systems and tools offered by the State.

3. That Brian D. Holmer, the Mayor of Thief River Falls and Rodney Ottemess, the City Administrator of Thief River Falls, are authorized to sign the State of MilUlesota Joint Powers Agreements.

Presented at the March 20, 2018 Council Meeting

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

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

Roll Call (if required): _ Holmer_Howe _ Sollom _ _ f Iagen _Brown _Prudhomme _ Aarestad _ Narverud

Notes: ~-------------------------

39

LAW ENFORCEMENT MUTUAL AID AGREEMENT

Purpose

This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agree ment is to make equipment, personnel and other resources available to political subdivisions from other political s u bd iv is ions.

Definitions

Party - means a political subdivision.

Requesting Official - means the person designated by a Party who is responsible for requesting assistance from the other Party.

Requesting Partv - means the party that requests assistance from other parties.

Responding Official - means the person designated by the party who is responsible to determine whether and to what extent that party should provide assistance to the Requesting P~rty.

Responding Party - means a party that provides assistance to the Requesting Party.

Assistance Type - law Enforcement personnel and equipment.

1. Procedure

1.1 Request for assistance: Immediate Response/ Short Term

1.1.1 Request for Assistance. Whenever, in the opinion of a Requesting Party there is an immediate need for assistance from the other party, the Requesting Party may call upon the Responding Party for assistance.

1.1.2 Responding to Request. Upon the request for assistance from a Requesting Party, the Respond ing Party may authorize and direct personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of other law enforcement personnel and equipment to the Responding Party.

1.1.3 Method. Whenever practical the Requesting Party shall request immediate assistance through the 911 Emergency Communications Operations Center and the Responding Party shall indicate its intended response using the same method.

1.1.4 Command of Scene. Except as provided in Section 1.1.4.1, the Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Partv shall be

1

40

under the direction and control of the Requesting Party until the Responding Official determines to withdraw assistance.

1.1.4.1 Specialized Forces. When a Requesting Party requests the assistance of specialized forces from a Responding Party, such as a Tactical Command, Canine Units, Bomb Squads, Rescue Squad, etc., the personnel and equipment of the Responding Party shall be under the direction of the Responding Party.

1.1.5 Recall of Assistance. The Responding Official may at any time recall assistance provided hereunder to the Requesting Party when in his/her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to recall or withdraw the assistance provided by it.

1.1.6 Release of Assistance. The Requesting Party may at any time advise the Responding Party that the assistance of the Responding Party is no longer needed. In such event the Responding Party shall withdraw its assistance at the earliest possible time that it is safe for its personnel and equipment to withdraw.

i.2 Request for Assistance: Long Term

1.2.1 Request for Assistance. Whenever, in the opinion of a Requesting Official, there is need for assistance from the other party that will reasonably be expected to continue beyond eight (8) hours, the Requesting Official may call upon the Responding Official of any other party to furnish assistance.

1.2.2 Responding to Request. Upon the request for assistance from a Requesting Official on behalf of the Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of other law enforcement personnel and equipment to the Responding Party.

1.2.3 Method. A request for long Term Assistance shall be made to the Responding Official and the Responding Official shall indicate the intended response of the Responding Party to the Requesting Official.

1.2.4 Recall of Assistance. The Responding Official may at any time recall such assistance when in his/her best judgment or by any order from the governing body of the Responding Party, is considered to be in the best interests of the Responding Party to do so.

1.2.5 Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official determines to withdraw assistance.

2. Worker's Compensation

Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee, volunteer or their dependents, even if

2

41

the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers .

3. Damage to Equipment.

Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damage to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers.

4. Liability.

4.1 Requesting Party Liable. For the purpose of Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. §466.01, subdivision 6) of the Requesting Party. This is specifically agreed and intended to be applicable to situations covered by Section 1.1.4.1 of this Agreement.

4. 2 Indemnification and Defense. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or person s, arising from the performa nee and provisions of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement.

Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any a mounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum of liability for any pa rty.

The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statute Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims against multiple defendant's from a single occurrence to be defended by a single attorney or a single law firm.

4.3 No Liability. No party to this Agreement nor any officer, employee, agent or official of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this Agreement.

5. Charges to the Requesting Party.

5.1 No charges will be levies by a Responding Party to this Agreement for assistance rendered to the Requesting Party under the terms of this Agreement pursuant to Section 1.1 hereof except as provided in Section 4 hereof. If assistance is provided under this Agreement pursuant to Section 1.2 hereof, the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided pursuant to Section 1.2 herein, including salaries, overtime, materials and supplies and other necessary expenses and the Requesting Party will pay the Responding Party providing the assistance that amount.

3

42

5.2 Such charges are not contingent upon the availability of federal or state government funds.

6. Duration.

This Agreement will be in force until terminated by any Party hereto. Any Party may withdraw from this Agreement and terminate this Agreement with respect to it upon thirty-day (30) written notice to the other party or parties to the Agreement.

7. EKecution.

Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on this date indicated.

8. Miscellaneous.

This Agreement will be governed by the laws of the State of Minnesota.

This Agreement shall be construed as complementary to and not inconsistent with the provisions of Minnesota Statutes Section 12.331, which authorizes inter-agency disaster assistance.

4

43

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #1 .01 I

RESOLUTION AUTHORIZING THIEF RIVER FALLS POLICE DEPARTMENT TO ENTER INTO LAW ENFORCEMENT MUTUAL AID AGREEMENT

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

WHEREAS, the Thief River Falls Police Department accepted the plan for a Mutual Aid Agreement with the law enforcement agencies in northern Mionesota - the intent of which is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions for law enforcement purposes.

WHEREAS, this agreement is consistent with statute MS.12.331 LOCAL ASSISTANCE TO POLITICAL SUBDIVISIONS.

NOW, THEREFORE BE IT RESOLVED, that the Thief River Falls City Council of Thief River Falls, Pennington County, Minnesota, approves that the Thief River Falls Police Department enters into a Law Enforcement Mutual Aid Agreement with other law enforcement agencies for the mutual benefit of the public safety of all citizens of the city of Thief River Falls and the State of Minnesota.

Presented at the Ma.-ch 20, 2018 Council Meeting

Introduced by: __________ _

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

Roll Call (if required): _ Holmer_Howe _ Sollom _Hagen _ Brown _ Prudhomme _ Aarestad _Narverud

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

44

hief i'ver falls 1 #?.aa 1

ClTY ADMINISTRATOR

405 Third Street East

PHONE: 218-681-2943 l-"AX: 218-6R l-6223

email: rottemes~@citytrf.net Thief River Falls MN 56701-0528

Request for Council Action

DATE: March20, 2018

SUBJECT: Council Member Per Diem

RECOMMENDATION: it is respectfully requested the City Council approve the recommendation of the Public Utilities, Public Safety/Liquor, and Administrative Services Committee to approve:

MOTION TO: authorize payment of council member per diem of$32.50 per meeting for meetings approved by City Council as listed on the attached "Schedule of CoWlcil Member Meetings" or such other meetings as may be approved by the City Council for per diem payment except that no more than two per diem meeting payments shall be approved for any one calendar day. Payments would be for meetings after January 1, 2019.

BACKGROUND: the City of Thief River Falls re lies on Council Members to participate actively and regularly by attending meetings to which they have been assigned. Meetings are scheduled at all times of the day both in Thief River Falls and in other locations. Attendance at meetings often require council members to change their work or personal schedules or both and may result is lost income. A per diem payment of $32.50 is one-half of the per diem paid to county board members for attending approved meetings. City Council meetings would not be eligible for per diem payment.

LEGAL: the city attorney has reviewed the issue.

FINANCIAL CONSIDERATIONS: the actual cost to the city will vary based upon the number of meetings attended but is estimated to be approximately $13 ,000 per year.

DEPARTMENT/RESPONSIBLE PERSON: Angie Philipp, Finance Director, Rod Otterness, City Administrator

45

Schedule of Council Member Meetings

Administrative Services Committee Airport Zoning Board Airport Au1hority Commission Budget/Finance Ad Hoc Committee Coalition of Greater Minnesota Cities Employee Safety Committee Community Development Advisory Board Commllllity Education Advisory Board Convention and Visitors Bureau Board Jobs, Inc. Joint City/County Meeting Joint City/School District Meeting League of Minnesota Cities Legislative Lobbying Meetings Long Range Planning/ Annexation Ad Hoc Committee MEC Joint Powers Board Northwest Regional Development Commission Northwest Regional Library Board Pennington County Historical Society Pennington County Solid Waste Committee Personnel/Labor Ad Hoc Committee Planning Commission Public Safety/Liquor Conunittee Public Utilities Committee Public Works Committee Red Lake River Corridor Joint Board Red River Basin Joint Powers Board TRF Area Community Fund Advisory Committee 1RF Chamber of Commerce TRF Day at the Capitol TRF Library Board Tri-Cities Joint Meeting

Per diem shall be paid retroactively upon submission of documentation approved by Finance Director.

3/20/18

46

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

RESOLUTION NO. : APPROVAL OF COUNCILMRMBER PER DIEM

I #7.oa I

A Request for Council Action was reviewed. Following discussion, Councilmember __ introduced Resolution No. , being seconded by Councilmember _, that:

WHEREAS, the City of Thief River Falls relies on Council Members to participate actively and regularly by attending meetings to which they have been assigned. Meetings are scheduled at all times of the day both in Thief River Falls and in other locations. Attendance at meetings often require council members to change their work or personal schedules or both and may result is lost income. A per diem payment of $32.50 is one­half of the per diem paid to county board members for attending approved meetings. City Council meetings would not be eligible for per diem payment.

THEREFORE, BE IT RESOLVED, by the City Council, to accept Public Utilities, Public Safety/Liquor, and Administrative Services Committee recommendation to authorize payment of council member per diem of $32.50 per meeting for meetings approved by City Council as listed on the attached "Schedule of Council Member Meetings" or such other meetings as may be approved by the City Council for per diem payment except that no more than two per diem meeting payments shall be approved for any one calendar day. Payments would be for meetings after January 1, 2019.

Presented at the March 20, 2018 Council Meeting

Roll Call (if required): _Holmer_ Howe _ Sollom _Hagen _ Brown _ Prudhomme _ Aarestad _ Narverud

47

CITY OF THIEl4"' RIVER FALLS

Beer in the Park Permit •••(UP TO 3.2 MALT LIQUOR ONLY)* ..

City Code Section 111.048

u• Applicatitm mus1 be prcselllcd to the Ciry Cotmdljor approval prior to the evem***

Applicant: LINCOl.N !i\'tt SCHOOL CL.85.S Of 2CO~ IO-;tt;M. (<.Eu\\J i 0 f\) (organization name if applicable)

Contact Person: C[\ast. h&vlutN O

Address: (Q6L{ BOUN CV .. \ ~lf. ((,OftD

bJOLCOTI, C.T OC,Q IC,

Phone: C, 12- 21 l-3~15

Date of Event: r"J / 2 \ / l g

Park to be Used: L \ 0 N 1.S fA CZ~ f.A~ T (w ATE.C\ ICbJ f1~J

Hours: l 0 O\W\ to, _ __..6"-+'p ..... M-1--------

Type of Eveot: 10-'1 £A-R ((£. \H\l\O N &ND 8ARBECL<E

Approximate number of persons attending: t 2 S - \ 3 0

Has the park been reserved with the Parks and Recreation Department'! LvEs _No

I understand that no financial transaction may occur at this event for charging, direcdy or indirectly, for the sale of 3.2 malt liquor (i.e. admission, cover charge) L. YES _NO

I understand that the permit allows for the consumption of 3.2 malt liquor only. . /YES No sfrong beer, wine, or intoxicating liquor is allowed. y:_ _NO

I understand that applicant shall comply and enforce aU restrictions, limitations, and regulations regarding the consumption of malt liquor under the City Code . / YES and State Statute. jL_ _ _NO

Applicant wNferstands that alJ information contained on this application is public data according to Chapter 13 of the Minnesota Stlle Stalate. Failur.to ide the uested infonnation may result in the ap lication being denied.

SJGNATUllBOI' APl'UCANT: a.~ .. ~ DATE OF COUNCIL ACTION _,,_ __ _ 48

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.09 I

RESOLUTION NO. : APPROVAL OF BEER IN THE PARK PERMIT FOR LINCOLN HIGH SCHOOL CLASS OF 2008

A Request for Council Action was reviewed. Following discussion, Councilmember _ _ introduced Resolution No. , being seconded by Councilmember __ , that:

RESOLVED, by the City Council, to grant the following a Beer in the Park Permit to allow for the consumption of 3 .2% malt liquor in the park:

• Lincoln High School Class of2008 at Lion's Park East from 10:00 a.m. until 5:00 p.m. on June 10, 2017

Presented at the March 20, 2018 Council Meeting

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

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

Roll Call (if required): _ Holmer_ Howe _ Sollom _Hagen _ Brown _ Prudhomme _ Aarestad _ Narverud

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

49

ity o_ bief River f Ifs DIRECTOR 01:' l'UBLIC WORKS

405 Third Slmt Cast • PO Box 528 Thiel'River Falls MN 56701-0528

DATE: March 14, 2018

SUBJECT: Plastic Refuse Bags

Request for Council Action

I #1.10 I PHONE: 21 8-681-8506

FAX: 218-681-8507 email: mborseth@citytrf.net

www.citytrf. net

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Conunittee recommendation:

Motion to: Approve the purchase of plastic refuse bags from Jadcore, LLC in the amount of $21,747.00.

BACKGROUND: The City of Thief River Falls purchases plastic refuse bags on an annual basis for distribution to the residents of the city.

KEY ISSUES: The city received quotes on March 12, 2018 for the purchase this year. The amount of bags is less than previous years due to a large inventory on hand and the reduced amount needed by eliminating distribution to renters with a dumpster.

FINANCIAL CONSIDERATIONS: See attached bid tabulation.

LEGAL CONSIDERATION: None.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director.

Encl: (I)

50

(J1 ......

2018 TABULATION OF QUOTES PLASTIC REFUSE BAGS

CITY OF THIEF RIVER FALLS, MN

File No. 1152018. 01 Quote Deadline: March 12, 2018 2:00 p.m.

ROLLS (INDIVIDUALLY BOXED/SLEEVED) COST/1 ,000 BAGS

FIRM NAME AND ADDRESS 250,000 7,400 15,000 Bags/100 Baqs/37 Bags/25

Jadcore, Inc 1 300 N. Fruitridge Ave 1.3 mil $19,975.00 $596.00 $1, 176.00

Terre Haute, IN 47803

Dyna Pak 1.1 mil $20,030.00 $600.14 $1,227.60

2 112 Helton Drive Lawrenceburg, TN 38464

1.5 mil $25,452.50 $760.65 $1 ,553.10

TOTALS

$21,747.00

$21,857.74

$27,766.25

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #1.10 I

RESOLUTION NO. : APPROVAL TO PURCHASE PLASTIC REFUSE BAGS FROM JADCORELLC

A Request for Council Action was reviewed. Following discussion, Councilmember __ introduced Resolution No., being seconded by Counci lmember _ _ , that:

WHEREAS, the City of Thief River Falls purchases plastic refuse bags on an annual basis for distribution to the residents of the city. The city received quotes on March 12, 2018 for the purchase this year. The amount of bags is less than previous years due to a large inventory on hand and the reduced amount needed by eliminating distribution to renters with a dumpster.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to approve the purchase of plastic refuse bags from Jadcore, LLC in the amount of $21,747.00.

Presented at the March 20, 2018 Council Meeting

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

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

Roll Call (if required): _ Holrner_Howe _ Sollom _Hagen _ Brown _ Prudhomme _ Aarestad _ Narverud

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

52

ity of T • 1e DIRECTOR OF PUBLIC WORKS

405 Third Street Ea.~t • PO Rox 528 Thiel'River ru!ls MN 56701-0528

DATE: March 14, 2018

· er falls

Request for Council Action

SUBJECT: Corridors of Commerce - Resolution of Support

I #1.11 I

PllONE: 2 18-681-8506 FAX: 218-681-8507

email: mborseth@citytrf.net www.chytrf.net

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Committee recommendation:

Motion to: To approve a Resolution of Support for a Corridors of Commerce project to improve US Highway 59 from the City of Thief River Falls to County State Aid Highway (CSAH) No. 3.

BACKGROUND: The 2013 Minnesota Legislature created the Corridors of Commerce program, authorizing the sale of up to $300 million in new trunk highway bonds for the construction, reconstruction and improvement of trunk highways for projects not already in the State Transportation Improvement Program. Local agencies have the opportunity to nominate projects deemed important that are not currently included in the State Transportation .Improvement Program that meet the eligibility requirements.

KEY ISSUES: Pennington County has nominated US Highway 59 from the City of Thief River Falls to CSAH No. 3 as a candidate for improvements. The proposed improvements would expand the roadway from two lanes to four lanes or add a center turn lane with right turn lanes.

FINANCIAL CONSIDERATIONS: In 2014, the Legislature provided an additional $31.5 million in trunk highway funds for FY 2014 and FY 2015. In 2017, the Legislature added $300 million in trunk highway bonds spread over four years and $25 million per year in cash. In response, MnDOT decided to select $400 million of projects in the next round of Corridors of Commerce.

LEGAL CONSIDERATION: None.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director.

Encl: (1)

53

February 16, 2018

City of Thief River Falls 405 Third Street East PO Box 528 Thief River Falls, MN 56701

Attention Local Government:

Recently the Minnesota Department of Transportation received recommendations from stakeholders and the public for projects to be considered for its 2018 Corridors of Commerce program. From among those recommended projects, MnDOT will award $400 million to selected projects across the State. You are receiving this letter because you have been identified as a local government that would be impacted by one or more of the recommended projects.

As a part of the scoring criteria for the Corridors of Commerce program, fill cities and counties which would be touched by the suggested project need to have a resolution of support for the project in order for that project to receive 45points in the "Community Consensus" category. Projects which do not receive a resolution of support from all governments are not disqualified from the program, but they will not receive 45points out of total of 700 from this criteria, which will put them at a distinct disadvantage in the scoring.

Enclosed with this letter is a list of regionally submitted projects for the program. Projects highlighted in yellow have been identified as impacting your government specifically. MnDQ_Lw.iU-Aeee-t-e-i:eceive a resolution of support for those highlighted projects from · 't.6. ~tlnn order for the project to be eligible to receive the 45-points in the Community o · ~sus category. A resolution of support for the project/s will not replace any needed future municipal consent requirements, should the project be selected for the program. MnDOT is not requesting any specific language in the resolution and you are free to reference multiple projects in a single resolution. MnDOT's goal is to minimize the amount of administrative effort on your part. However, the resolution of support needs to reference the specific project/s attached and cannot be generic support for transportation improvements.

54

Once you have completed a resolution of support for the projects, you can either send it or e-mail it to me at one of the addresses below;

Patrick Weidemann MnDOT Office of Transportation System Management 395 John Ireland Blvd., MS 440 St. Paul, MN 55155

Or

E-mail: pat.weidemann@state.mn.us

You are welcome to submit the resolution of support at any time, but it must be in our office by the 4:30 p.m. on April 16 for it to count towards receiving the 45-points. If you have already submitted a resolution of support for the project/s, you can disregard this letter. If you choose to not support a project/son the list, you do not need to take any action on that project/s. If we do not have a resolution in support of a listed project/s by the deadline date, the project will not be receiving the 45-points.

Mn DOT appreciates your assistance with this process. If you have any questions or concerns, please do not hesitate to give me a call.

Sincerely,

Patrick J. Weidemann Director of Capital Planning and Programming MnDOT Office of Transportation System Management (651) 366-3758 pat.weidemann@state.mn.us

55

V1

"'

2

2

2

2

I Brian

I Ka thy

I Todd

' Michael

I Ketring I

I Lovelace I

I Peterson I

I Flaagan I

11 1o n hwy 11 between the cities of Roseau and

Warroad. IAdd a passing lane to the roadway.

Hwy 11 south of the Roseau Municipal Airport Realign Hwy 11 south of the Roseau M unicipal Airport to eliminate the curves,

curve segment; east and westbound passing 11 panes between 440th Ave and Hay Creek;

construct staggered east and westbound passing lanes between 440th Ave and

westbound passing Jane between 530th and Hay Creek, and construct westbound passing lanes between S30th and SSOth

SSOth avenue. avenue.

11 ITH 11 from Roseau to Warroad. Expand to 4 lanes or at minimum passing lanes and address dangerous curve 2 miles east of Roseau .

From the intersection of Pennington County Expand the roadway from two to four lanes or add a center turn lane with right

59 ICSAH 3 to the southern city limits of Thief River

Falls. turn lanes.

Page 1

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.11

RESOLUTION NO. : APPROVAL OF RESOLUTION OF SUPPORT FOR CORRIDORS OF COMMERCE PROJECT

Presented as part of the Consent Agenda, Councilmember _ _ ___ introduced Resolution No., being seconded by CoW1cilmember that:

WHEREAS, The 2013 Minnesota Legislature created the Corridors of Commerce program, authorizing the sale of up to $300 million in new trunk highway bonds for the construction, reconstruction and improvement of trunk highways for projects not already in the State Transportation Improvement Program. Local agencies have the opportunity to nominate projects deemed important that are not currently included in the State Transportation Improvement Program that meet the eligibility requirements; and

WHEREAS, PeMington County has nominated US Highway 59 from the City of Thief River Falls to CSAH No. 3 as a candidate for improvements. The proposed improvements would expand the roadway from two lanes to four lanes or add a center tum lane with right tum lanes.

THEREFORE, BE IT RESOLVED, by the City CoW1cil, to accept the Public Works Committee recommendation to approve a Resolution of Support for a Corridors of Commerce project to improve US Highway 59 from the City of Thief River Falls to County State Aid Highway (CSAH) No. 3.

Presented at the March 20, 2018 Council Meeting

Introduced by: __________ _

Seconded by: ___________ ~

Roll Call (if required): _ Holmer_Howe _ Sollom _Hagen _ Brown _ Prudhomme _ Aarestad _ Narverud

Notes: -------------------------~

57

•ty o Thie Riv r a s DIRECTOR OF PUBLIC WORKS

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

DATE: March 14, 2018

Request for Council Action

SUBJECT: Rates and Fees Schedule - Public Works Department

#7.12

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

email: mborseth@citytrf.net www.citytrf.net

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Conunittee recommendation:

Motion to: Approve addition of Public Works Department Rates and Fees Schedule

BACKGROUND: The City has a rates and fees schedule adopted to define charges billed for equipment and services. These rates are reviewed and adjusted annually.

KEY ISSUES: There are no current rates for the Public Works Department other than those outlined in specific agreements. Events such as a natural disaster that require Public Works Department labor and equipment, that are reimbursable by the Federal Emergency Management Agency (FEMA), would be invoiced at the rates approved in the Rates and Fees Schedule. If no council approved schedule is established the reimbursement would be at FEMA rates, which are much lower than the proposed schedule that is in line with industry standards.

FINANCIAL CONSIDERATIONS: None.

LEGAL CONSIDERATION: None.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth, Public Works Director.

Encl: (1)

58

PUBLIC WORKS DEPARMENT TRUCK

Truck, Dump $85.00 Truck, Garbage $85.00 Truck, Service $60.00 Truck, Pickup 1 ton $50.00 Truck, Pickup 3/4 ton $40.00 Truck, Pickup 1/2 ton $30.00

EQUIPMENT Graders $100.00 Sweeper, Pavement $100.00 Loader, Wheel $85.00 Snow Blower $75.00 Spreader, Sand $75.00 Steamer $75.00 Va ctr on $75.00 Chipper, Brush $60.00 Compactor - 2-ton Pavement Rolle r $60.00 Excavator, Hydraulic $60.00 Load, Skid-Steer $60.00 Leaf Vac $50.00 Spreader, Chemical $50.00 Air Compressor $40.00 Striper, Walk-behind $30.00 Trailer. Equipment $25.00 Plow, Snow, Grader Mntd $24.00 Auger, Portable $20.00 Plow, Truck Mntd $20.00 Pump, Trash Pump $20.00 All Terrain Vehicle $15.00 Jackhammer (dry) $15.00 Saw, Concrete $15.00 Chainsaw - Bar Length $12.00 Chainsaw - Bar Length 20" $12.00 Chainsaw, Pole $10.00 Forklift, Accessory $10.00 Pump $10.00 Skidder Accessory $10.00 Hose, Suction - 4" diameter $6.00 Hose, Discharge $5.00 Hose, Suction - 3" diameter $5.00

59

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #7.12 I

RESOLUTION NO. : APPROVAL OF RA TES AND FEES SCHEDULE - PUBLIC WORKS DEPARTMENT

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

BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to approve the following addition of Public Works Department Rates and Fees Schedule:

PUBLIC WORKS DEPARMENT TRUCK

Truck, Dump $85.00

Truck, Garbaae $85.00

Truck, Service $60.00

Truck, Pickup 1 ton $50.00

Truck, Pickup 3/4 ton $40.00

Truck, Pickup 1 /2 ton $30.00

EQUIPMENT Graders $100.00

sweeper, Pavement $100.00

Loader, Wheel $85.00

Snow Blower $75.00

Spreader, Sand $75.00

Steamer $75.00

Vactron $75.00

Chipper, Brush $60.00

Compactor - 2-ton Pavement Ro ller $60.00

Excavator. Hydraulic $60.00

Load, Skid-Steer $60.00

Leaf Vac $50.00

Spreader, Chemical $50.00

Air Compressor $40.00

Striper, Walk-behind $30.00

Trailer, Equipment $25.00

Plow, Snow, Grader Mntd $24.00

Auaer, Portable $20.00

Plow, Truck Mntd $20.00

Pump, Trash Pump $20.00

All Terrain Vehicle $15.00

Jackhammer (dry) $15.00

Saw, Concrete $15.00

Chainsaw - Bar Lenqth $12.00

C hainsaw - Bar Lenqth 20" $12.00 60

Chainsaw, Pole $10.00 Forklift, Accessorv $10.00 Pump $10.00 Skldder Accessory $10.00 Hose, Suction - 4" diameter $6.00 Hose, Discharqe $5.00 Hose, Suction - 3" diameter $5.00

Presented at the March 20, 2018 Council Meeting

Introduced by: ~~~~~~~~~~~

Roll Call (if required): _Holmer_ Howe _Sollom _Hagen _ Brown _Prudhonune _Aarestad _Narverud

61

ity of Thief River falls DIREC'J'OR OF PUBLIC WORKS

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

DATE: March 14, 20 18

Request for Council Action

SUBJECT: Curling Club - Detailed Facility Study

#8.01

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

email: mbocseth@citytrf.net www.citytrf.net

RECOMMENDATION: It is respectfully requested that the Council consider the following Public Works Committee recommendation:

Motion to : Adopt a Resolution approving an agreement with Cimco for a Detailed Facility Study (DFS) of the Curling Club for $2,504.00, and authorize the Mayor and Administrator to execute the agreement.

BACKGROUND: The City of Thief River Falls owns the Curling Club located adjacent to the Huck Olson Arena. This facility is rented out to the Curling Club and used on a regular basis for league curling and tournaments. This faci lity is also rented out for auction sales and miscellaneous events and utilized with the Pennington County Fair.

KEY ISSUES: This building is in need of severa l repairs, with the roof replacement being the highest priority. A new lease also needs to be created that will better define the responsibilities of the owner and the tenant. The city recently entered into an agreement with Cimco to perform a detailed assessment of the Huck Olson and Ralph Engelstad Arenas. When the city requested a proposal from Cimco for these services they also requested a proposal to evaluate the Curling Club. Prior to investing in a roof replacement or committing to a lease staff is recommending executing the agreement with Cimco to perform a comprehensive assessment of this facility, including the ice plant, to better understand the long tenn needs and associated costs.

FINANCIAL CONSIDERATIONS: The cost for the Detailed Facility Study is $2,504.00.

LEGAL CONSIDERATION: The agreement must be approved by March 15, 2018 to allow Cimco to perform the assessment while here evaluating the other facilities.

DEPARTMENT/RESPONSIBLE PERSON: Mark Borseth , Public Works Director.

62

CITY OF THIEF RIVER FALLS PROPOSED RESOLUTION

I #a.01

RESOLUTION NO.: APPROVAL OF CURLING CLUB DETAILED FACILITY STUDY

A Request for Council Action was reviewed. Following discussion, Councilmember __ introduced Resolution No., being seconded by Councilmember _ _ , that:

WHEREAS, the City of Thief River Falls owns the Curling Club located adjacent to the Huck Olson Arena. This facility is rented out to the Curling Club and used on a regular basis for league curling and tournaments. This facility is also rented out for auction sales and miscellaneous events and utilized with the Pennington County Fair; and

WHEREAS, this building is in need of several repairs. with the roof replacement being the highest priority. A new lease also needs to be created that will better define the responsibilities of the owner and the tenant. The city recently entered into an agreement with Cimco to perfonn a detailed assessment of the Huck Olson and Ralph Engelstad Arenas. When the city requested a proposal from Cimco for these services they also requested a proposal to evaluate the Curling Club. Prior to investing in a roof replacement or committing to a lease staff is recommending executing the agreement with Cimco to perfonn a comprehensive assessment of this facility, including the ice plant, to better understand the long term needs and associated costs.

THEREFORE, BE IT RESOLVED, by the City Council, to accept the Public Works Committee recommendation to adopt a Resolution approving an agreement with Cimco for a Detailed Facility Study (DFS) of the Curling Club for $2,504.00, and authorize the Mayor and Administrator to execute the agreement.

Presented at the March 20, 2018 Council Meeting

Introduced by: __________ _

Seconded by: ___________ ~

Roll Call (if required): _ Holmer_Howe _Soll om _Hagen _Brown _Prudhomme _Aarestad _Narverud

Notes: -------------------------~

63

Thi ef Ri ver Falls , MN. 5670 1

March 1, 2018

Dear Community Leader:

The Thief River Falls Ministerial Association invites you to a luncheon to honor our great Community Leaders. On Thursday, May 3, 11:30-12:30, we will gather at River of Life Church (1563 Highway 59 South, next to McDonald's) for lunch, conversation, and a brief time of prayer for our community. We offer this as an opportunity to get to know one another better, and as a way for us to say "thank you" for the good work you do on behalf of our community.

There is no charge for the luncheon - this is our gift to you. We hope you can join us!

If you plan to attend, please RSVP to Rev. Tim Self at riveroflifechurch@mncable.net or at 681-1469.

Thank you for all you do on behalf of our community! We look forward to a good time of food and fellowship with you.

~ Rev. Bert Foster on behalf of the Thief River Falls Ministerial Association

Tt1e fhief River Falls Minlste rio l Association is an association of active pastors. lec;J and empowered by God,

Wiltl a cornrnon purpose o f serving our communlly, connec ting people with c f1urches. building up the 64

body of C..hnsl. so rn ir area wfll be transformed by the Power of the J fo fy Spirit

March 13, 201 8

City of Thief River falls Office of Mayor Brian llolmer

Historic Soo-line Depot 405 'fhird Street £a<;t •PO Bux 528

Thief River Falls MN 56701-0528

Governor Mark Dayton 130 State Capitol 75 Rev. Dr. Martin Luther King, Jr. Blvd. Saint Paul, MN 5 5155

RE: Thief River Falls Westside Flood Damage Reduction Project

Dear Governor Dayton:

PHONE: 218-68 1-2943 FAX: 218-681-6223

www.citytrf.net

The City of Thief River Falls would like to request your consideration to increase the budget amount for the Flood Damage Reduction Grant Assistance Program (FDR) from $20,000,000 to $22,000,000 in the next biennium. This increase would help fund the Thief River Falls Westside Flood Damage Reduction Project.

The recent commitment by Digi-Key to expand in Thief River Falls with a 2,200,000 S.F. product distribution center adds 1,000 new jobs in our community over the next ten years. This will increase the need for workforce housing and generate additional growth and economic development. Along with the acquisition of Arctic Cat by Textron Specialized Vehicles, Inc., and the transfer of manufacturing from Augusta, Georgia to Thief River Falls, the west side area of Thief River Falls is ripe for increased development. Thousands of people commute to Thief River Falls from other communities each day to work at these and other employers, making the economy of many cities and counties dependent on the success of the major employers in Thief River Falls. This makes the Thief River Falls Westside Flood Damage Reduction Project of regional significance.

Prior to the Digi-Key expansion announcement, the City of Thief River Falls had partnered with Pennington County and the Red Lake Watershed District to study a flood damage reduction project for the growing west side of town. finding a successful solution is challenging because not only do we have to deal with local surface water but, because of an existing county ditch, we have to deal with water coming into and through town. Five square miles of surface area outside of the city drains into and through the City of Thief River Falls directly adjacent to Arctic Cat, Digi-Key and hundreds of acres ofland slated for industrial and high density residential growth. These areas of development have experienced flood damage that will be mitigated through this project.

This flood damage along with a proposed Minnesota Department of Transportation project to reconstruct Highway Nos. 1 & 59 through the city resulted in this partnership to study the flood hazard mitigation. As the Minnesota Department of Transportation continues to develop a design for their project which is scheduled for construction in 2020, we need to commit to a drainage outlet location for this project. We are fearful that if funding is not available to divert the drainage away from the previously mentioned critical infrastructure then the Mi1Ulesota Department of Transportation may be forced to discharge the project storm water into the cmTent drainage system which will add to the existing problem and create a situation that will be cost prohibitive to reconstruct and rectify in the future.

65

The Minnesota Department of Transportation project is a reconstruction of a one mile segment of Highway Nos. 1 & 59 in the City of Thief River Falls that will include three roundabouts and greatly improve public safety. This total project cost is estimated to be between $3,000,000 and $4,000,000 with nearly $1,000,000 toward the cost of the project committed by the City of Thief River Falls. This project is included in the 2017-2020 State Highway Capital Improvement Program (CIP).

The Thief River Falls Westside FDR Project would consist of a four mile flood damage reduction project which would divert a 100 year flood along the west side of Thief River Falls and outlet to an existing public drainage system south of the city with an estimated project cost of $5,000,000. We are anticipating funding this project with local dollars, assessments to benefitting land owners, Red Lake Watershed funds, Red River Watershed Management Board funds, Minnesota Department of Transportation funds, and State FDR funds. We need $ 1,500,000 in FDR funds to complete the finance package. The Minnesota Department of Transportation funds will be spent regardless on the highway project but can be utilized as a part of the diversion project if done at the right time.

The keys to this project are timing and strategic partnerships. It is imperative that the City of Thief River Falls, Pennington County, Red Lake Watershed District and the Minnesota Department of Transportation are able to continue their successful relationship working together with in-place program funding to complete these interconnected and vital projects. We recognize the limited amount of funds available and the competitive nature of these programs, which is why a small increase in the FDR program funding is so important for this project.

We appreciate your continued support for the Flood Damage Reduction Program. It is easy to forget about flood damage as the time since the most recent flood lengthens. However, we here in N.W. Minnesota know the devastation that a major flood brings. The only sure way to prevent this devastation in the future is the continued robust funding of the Flood Damage Reduction Program so that great projects like the Thief River Falls Westside Flood Damage Reduction Project can be completed in a timely fashion. We would like to continue in a partnership for continued success. The City of Thief River Falls has a proven track record and deep commitment to complete this project to assure continued growth and stability in N011hwest Minnesota.

For further information about this important project please contact Myron Jesme, Administrator, Red Lake Watershed District, 21 8-681 -5800. Myron has taken the lead role on this project. Otherwise, I can be reached ar2t8-e86...8252 to further discuss this request or to schedule a committee presentation. Thank you for your consideration in assisting with this project.

Mayor

Senator Mark Johnson Representative Dan Fabian Senator David Senjem, Chair, Senate Capital Investment Committee Representative Dean Urdahl, Chai r, House Capital Investment Committee DNR Commissioner Tom Landwehr DNR Capital Investments Director Kent Lokkesmoe Flood Damage Reduction Program Manager Pat Lynch Red Lake Watershed District Administrator Myron Jcsme

66

02/28/2018 CITY OF THIEF RIVER FALLS

INVESTMENT SUMMARY

YIELD OR CURRENT TYPE AND DESCRIPTION MATURITY INTEREST CALL MARKET

BANK/BROKER OF SECURITY PAR DATE RATE DATE VALUE BMO Harris Bk Natl Assn Certificate of Deposit - Brokered $248,000 02-Mar-18 1.05% 02-Mar-18 $247 ,997 .52 TCF Natl Bk Certificate of Deposit - Brokered $56,000 05-Jul-18 1.10% 05-Jul-18 $55 ,906.48 Capital One Bk USA Natl Certificate of Deposit - Brokered $247,000 09-Jul-18 1.65% 09-Jul-18 $246,916.02 Firstbank PR Santurce Certificate of Deposit - Brokered $249,000 22-0ct-18 1.55% 22-0ct-18 $248,743.53 Wortds Foremost BK Sydney NEB Certificate of Deposit - Brokered $200,000 12-Jan-19 1.55% 11-Jan-19 $199,498.00 Comenity Cap Bk Utah CD 1.2 Certificate of Deposit - Brokered $249,000 02-May-19 1.20% 02-May-19 $247,169.85 BMW Bk North Amer Salt Lake Certificate of Deposit - Brokered $245,000 28-Jun-19 1.15% 28-Jun-19 $242,086.95 Capital One Natl Assn VA Certificate of Deposit - Brokered $204,000 07-0ct-19 2.00% 07-0ct-19 $203,330.88 Citizens Bk & Tr Co Certificate of Deposit - Brokered $112,000 27-Jan-20 0.85% 27-0ct-17 $110,053.44

Sallie Mae BK Salt lake City Certificate of Deposit - Brokered $165,000 24-Aug-20 1.90% 23-Feb-18 $162,894.60

Ally Bk Midvale Utah/RSC Certificate of Deposit - Brokered $247,000 09-Nov-20 2.00% 09-Nov-18 $244, 112.57 American Express Fed Saving BK Certificate of Deposit - Brokered $210,000 07-Dec-20 2.10% 05-Jun-18 $207, 160.80 American Express Fed Saving BK Certificate of Deposit - Brokered $37,000 21-Dec-20 2.10% 19-Jun-18 $36,489.40 Morgan Stanley BK N A Utah CD Certificate of Deposit - Brokered $246,000 08-Feb-21 2.50% 08-Aug-18 $246, 179.58 American Express Centurion Bank Certificate of Deposit - Brokered $247,000 05-Apr-21 2.30% 05-0ct-17 $243,420.97 Wells Fargo Bk N A Certificate of Deposit - Brokered $249 ,000 30-Jun-21 1.60% 30-Jun-21 $241 ,699.32 Discover BK CD 1.4 Certificate of Deposit - Brokered $120,000 13-Jul-21 1.45% 13-Jul-21 $115,855.20 Discover BK CD 1.5 Certificate of Deposit - Brokered $125,000 20-Jul-21 1.50% 20-Jul·21 $120,851.25 Suntrust Bk Atlanta GA CD CLL Certificate of Deposit - Brokered $246 ,000 27-Dec-21 1.20% 27-Jun-19 $240,878.28 Sallie Mae BK Salt lake City Certificate of Deposit - Brokered $82,000 23-0ct-23 2.35% 23-Feb-18 $80,862.66 JP Morgan Chase BK NA Columbus Certificate of Deposit - Brokered $189,000 31-0ct-23 1.50% 31-0ct-17 $173,218.50 HSBC Bank USA NA CD CLL Certificate of Deposit - Brokered $248,000 28-Jun-24 1.50% 28-Jun-20 $240 ,803.04 JP Morgan Chase BK NA Columbus Certificate of Deposit - Brokered $58,000 21-0ct-24 1.40% 21-0ct-17 $55,422.48 Border State Bank Certificate of Deposit $100,000 16-Dec-17 0.55% 16-Dec-17 $100,000.00

TOTAL INVESTMENTS $4,311 ,551.32 MONEY MARKET ACCOUNTS Piper Jaffray First American Gov't Obligations Fund 0.91% $3,591 ,685.66 RBC US Govt Money Market Fund 0.01% $0.00 League of Minnesota Cities 4M Money Market Fund 1.10% $4,657, 198.49 League of Minnesota Cities 4M Plus Fund 1.22% $24,759 .21

TOTAL MONEY MARKET SAVINGS $8,273,643.36

GRAND TOTAL 02/28/2018 $12,585, 194.68 *Interest paid every 6 months.

°' -..J