MINUTES
Regular City Council Meeting
Call to Order. Mayor Ted Shaw called the Wednesday, November 12, 2008, Regular Meeting of the Moose Lake City Council to Order. After calling the meeting to Order, Mayor Shaw asked those in attendance to join with the City Council in reciting the Pledge of Allegiance. In addition to Mayor Shaw the following City Councilors were in attendance: Bill Carlson, Curt Yort and Kris Huso. City Councilors absent: John Unzen. Also in attendance was City Administrator David Talbot, Jr.
Upon being seated, Mayor Shaw asked if there were any additions or changes to the Agenda that members of the City Council or the Administration wished to present at this time. Hearing none, Mayor Shaw stated that he would entertain a Motion to accept the Agenda as presented. Under a Motion being made by City Councilor Bill Carlson, and with a second to the Motion being made and offered by City Councilor Kris Huso, the Agenda was approved unanimously via voice vote. [4-0]. Mayor Shaw concluded by stating that the Agenda contained items for both the month of June, 2009, which have been carried over, and for the month of July, 2009. While the Regular Meeting of the Moose Lake City Council had been called for June 10, 2009, no quorum was present, nor was a quorum present on two [2] other occasions, so effectively, there was no June 2009 Regular Meeting of the Moose Lake City Council and all business has been carried over.
Minutes. Mayor Shaw reported that the Minutes from the Regular Meeting of the Moose Lake Power [Water and Light] Commission that was held on May 11, 2009, have been prepared and are marked as ‘informational’ in that they are presented to update the City Council about the operations of the City’s Electric Utility Enterprise and they do not need to be approved by formal action of the Moose Lake City Council. City Councilor Bill Carlson distributed copies of the Minutes from the most recent meeting of the Moose Lake Area Library Board and stated that these Minutes too were ‘informational’ in nature. City Councilor Carlson went on to express his concern that the Minutes from all of the Regular and/or Special Meetings of the Moose Lake City Council have not been prepared or submitted since last December. City Councilor Carlson concluded his comments by encouraging City Administrator Talbot to have all of these meeting Minutes prepared and presented so that the City Council and the public would have a written record delineating what has been approved by the Moose Lake City Council. Mayor Shaw stated that while he, Mayor Shaw, knew that the City Administrator has been out due to illness and that the workload demands placed upon the City Administrator have been a contributing factor, the Mayor encouraged Talbot to formulate an action plan so that these Minutes could and would be completed. City Administrator Talbot stated that an action plan would be developed and all of the Minutes would be prepared and submitted as quickly as possible.
Consent Agenda Adoption. Mayor Shaw offered the adoption of the Consent Agenda for the Wednesday, July 08, 2009, Regular Meeting of the Moose Lake City Council under a single Motion from the floor, which includes acceptance of the Accounts Payable for May and June, and the Financial Statements and the Municipal Liquor Store - Profit and Loss Statement for the month of May and June. Under a Motion made by City Councilor Kris Huso, and with a second to the Motion being made and offered by City Councilor Curt Yort, the Consent Agenda was adopted and was approved unanimously via voice vote. [4-0]. In addition to the normal Consent Agenda items, Mayor Shaw went on to state that the City Council needed to act on the Cemetery Deed, Grave(s) 1, Lot R20, Division A, Riverside Cemetery, to be issued to Brian and Desiree Chandler. Under a Motion being made by City Councilor Curt Yort, and with a second to the Motion being made and offered by City Councilor Kris Huso, the Cemetery Deed was approved unanimously via voice vote. [4-0].
Petitions, Complaints and Presentation of Claims.
1. Nuisance Complaint - Uncontrolled Felines. City Administrator Talbot reported that the City is in receipt of a correspondence from Mr. Mark Gassert, who resides at 116 Douglas Avenue, in Moose Lake, who has expressed concern over the number of unlicensed and uncontrolled felines that are lurking about and using the flower gardens as litter boxes. City Administrator Talbot reminded those in attendance at the City Council Meeting and those viewing the proceedings on Public Access Cable Television that the City of Moose Lake has an Ordinance that requires that all cats, as well as dogs, are to be licensed and under the control of the owner at all times. City Administrator Talbot concluded by stating that he would work with the Moose Lake Police Department and the Friends of Animals who serve as the City Animal Control Officers to see what can be done to eliminate this situation.
Reports of Officers.
1. Project Summary Report - City Engineer and Architect (LHB Memorandum). The report is self-explanatory in its design and presentation, and unless the members of the City Council have questions on any of the projects delineated therein, the document should be viewed as being informational in nature and does not require any formal action or acceptance by the Moose Lake City Council. In addition to the normal monthly City Engineer Report, copies of the MnPCA Monthly Project Update, and Sanitary Sewer Project Weekly Construction Meeting Minutes were also included in the Agenda packet. The Moose Lake City Council and the City Engineer spent a considerable amount of time reviewing these documents and commenting on the progress of the Sanitary Sewer Collection and Treatment System[s].
2. City Attorney - Monthly Summary. The preparation and submission of this report is intended to provide the City Council and the public with information regarding the status of matters presently before, and being handled by, the City Attorney. Like the previous report, this report is self-explanatory in its design and presentation and therefore, unless the members of the City Council have specific questions on any of the matters delineated therein, the document should be viewed as being informational in nature and does not require any action or formal acceptance by the Moose Lake City Council. Marked ‘to come’.
Unfinished Business.
1. Penalty Provision - City Ordinance violation[s].
2. City Personnel Policy.
3. Sign Ordinance - City Zoning Ordinance No 104 - Article XX.
4. Adoption of the Water, Sewer and Electric Utility Ordinance - Ordinance No 152.
5. Livestock Ordinance.
6. Moose Lake GIS Project.
New Business.
1. MnPCA - Termination of Stipulation Agreement. The City of Moose Lake is in receipt of a correspondence from the Minnesota Pollution Control Agency that states in part, that the City of Moose Lake has completed all of the corrective actions that were delineated in the Stipulation Agreement between the MnPCA and the City. Based upon all of the information provided and reviewed, the MnPCA staff have determined that all corrective actions have been completed and therefore, in accordance with the agreement, the agreement is now terminated. When asked, City Administrator Talbot stated that no formal action was required on behalf of the City, but this is certainly good news and closes the file on a long-standing matter.
2. Carlton County Engineer - Annual Bridge Inspection Report. In accordance with Minnesota State Statute, the County Engineer is required to perform annual inspections on all of the bridges within the County. With that, the Carlton County Bridge Supervisor has prepared and has submitted the annual bridge inspection for the Pedestrian Bridge that crosses over the Moosehorn River. According to City Administrator Talbot, the report contains a number of recommendations regarding items of maintenance that can and should be categorized as being routine in nature. City Administrator Talbot conclude by stating that he, Talbot, had reviewed the annual bridge inspection report and a copy has been given to the Public Works Supervisor. Again, City Administrator Talbot reported that no formal action is required at this time.
3. Water Tower Lease Agreement Memorandum - City & Rural Cellular Corporation. According to City Administrator Talbot, the Water Tower Lease Agreement Memorandum, which was prepared and is being presented by legal counsel for Verizon Wireless, doing business as Rural Cellular Corporation, outlines and summarizes the terms and conditions of the Lease Agreement that is being presented as item 4., under New Business, and therefore is informational in nature and does not require any formal action of the City Council.
4. Water Tower Lease Agreement - City & Rural Cellular Corporation. One of the outcomes of the Joint Special Meeting of the Moose Lake City Council and the Moose Lake Planning Commission that was held as a Public Hearing on April 16, 2009, resulting in the granting of a Variance and a Conditional User Permit, the Moose Lake City Council requested that Mayor Ted Shaw and City Administrator Talbot to meet and negotiate a final Lease Agreement with representatives of Verizon Wireless or Rural Cellular Corporation. The document submitted to members of the Moose Lake City Council in their June, 2009, City Council Agenda packet represents the work product and outcome of these negotiations. When queried by members of the City Council, City Administrator Talbot reported that an increase in the lease payments is included, as well as a reimbursement to the City of Moose Lake in an amount not to exceed two thousand dollars [$2,000] to recover Engineering and Administrative costs. City Administrator Talbot went on to report the he, Talbot, and Mayor Ted Shaw have executed and returned the contract. Several City Councilors expressed their concern and dismay in that it was the understanding of several City Councilors that the Mayor and the City Administrator were to negotiate a final contract and then return to the City Council for approval. City Administrator Talbot apologized in that he, Talbot, must have misunderstood the direction of the City Council and that in the future all contracts will come back to the City Council for approval before they are executed and returned. With that caveat being stated, a Motion to approve the Water Tower Lease Agreement, as negotiated by the Mayor and the City Administrator, was introduced by City Councilor Bill Carlson and with a second to the Motion being made and offered by City Councilor Kris Huso, the Water Tower Lease Agreement was approved unanimously via voice vote. [4-0].
5. Local Board of Appeal and Equalization - Training Requirements. In a correspondence dated June 03, 2009, Carlton County Assessor, Ms. Marci Moreland, states that the Minnesota Department of Revenue has shifted the responsibility of the Local Board of Appeal and Equalization training to the Counties. The County Assessor, as an enclosure, has submitted a listing of those individuals who have completed the training and are certified as required by law. The documents, such as they are, delineate or show that Mayor Ted Shaw and City Councilor Bill Carlson have attended the requisite training and are certified. Carlton County Assessor Moreland goes on to state that if anyone else is interested in this training, there will be a training session on September 21, 2009, at the Carlton County Transportation Building. Mayor Shaw stated that if any other members of the City Council were interested in attending this training to please contact the City Administrator.
6. Moose Lake Area Historical Society - Request for Financial Assistance. City Administrator Talbot reported that he, Talbot, and Mayor Ted Shaw have met from time to time with representatives from the Moose Lake Area Historical Society, as has City Administrator Bill Carlson, to determine what can be done to ensure completion of the Depot Annex and have same open to the public. According to officials of the Society, there are about $20,000, of additional improvements and betterments that need to be completed before a Certificate of Occupancy can be granted which would allow the facility to be opened to the public and start generating revenue. City Administrator Talbot went on to report that representatives from the Society were asked to provide a listing of items that needed to be completed and what security, if any, could they provide. In essence, the Moose Lake Area Historical Society is asking that the City of Moose Lake act as a guarantor or co-signer on a promissory note in the amount of $20,000, which will be repaid by the Society from their annual building fund fundraising efforts. City Administrator Talbot provided a summary of annual fundraising efforts and he, Talbot, believes that the Society will be able to pay off the note within the two [2] year term of the note. City Administrator Talbot concluded by stating that he recommended acceptance of the request and that the Mayor and he, Talbot, be authorized to co-sign the note on behalf of the City of Moose Lake. Several members of the City Council raised questions and wanted to ensure that only those items that needed to be completed so that a Certificate of Occupancy would be issued were in fact completed. Upon discussion and debate of the matter, a Motion was introduced by City Council Curt Yort that the City of Moose Lake would act as a co-signer to the Promissory Note in the amount of $20,000, and that no funds could be disbursed without the permission of the Mayor and the City Administrator. With a second to the Motion being made and offered by City Councilor Kris Huso, the Motion was approved unanimously via voice vote. [4-0]. City Administrator Talbot quipped that if all else fails, he, Talbot, knows that the Model T donated by former Mayor Clayton Hartman is worth more than the amount to be borrowed and the City could recover any amounts it had to pay if the Society defaulted on the Note.
7. Wastewater and Collection System Improvements - Change Order No 2. Change Order No 2., pertains to the relocation of the proposed sanitary sewer line located along South Kenwood Avenue from the boulevard to the easterly driving lane. Therefore, the $26,858, is being requested to accomplish this relocation utilizing the July 07, 2008, bid quantities and pricing index. Under a Motion being made and offered by City Councilor Curt Yort, and with a second to the Motion being made by City Councilor Bill Carlson, Change Order No 2, in the amount of $26,858, was offered for consideration. Approved unanimously via voice vote of the Moose Lake City Council. [4-0].
8. Wastewater and Collection System Improvements - Change Order No 3. Change Order No 3., in the amount of $3,742.50, pertains to the proposed Storm Sewer improvements on Second Street. Under a Motion being made by City Councilor Curt Yort, and with a second to the Motion being made by City Councilor Bill Carlson, Change Order No 2., in the amount of $3,742.50, was offered for consideration. Approved unanimously via voice vote of the Moose Lake City Council. [4-0].
9. Moose Lake Area Chamber of Commerce - Request for Fireworks Donation. City Administrator Talbot reported that while many communities were experiencing difficulties with funding firework displays for the Fourth of July, that is not the case in the City of Moose Lake. According to City Administrator Talbot, the Moose Lake Area Chamber of Commerce, under the leadership of Mr. Dean Paulson, Executive Director, solicited and received private and corporate donations that exceeded the amount required and therefore, no request for donations is being made to the City of Moose Lake at this time. Item withdrawn for consideration.
10. Carlton County - Tourism Grant Pilot Project. The City is in receipt of a correspondence from Mr. Pat Oman, Carlton County Economic Development Director regarding the Tourism Grant Pilot Project that was recently approved by the Carlton County Board of Supervisors. According to the document, funding for authorized programs and events would range from $250, to $10,000. According to City Administrator Talbot the documents are informational in nature and Talbot went on to state that he, Talbot, would be distributing this information to various groups and non-profits that may have an interest in applying for this funding.
11. Customer Transfer Agreement - Southtown Addition. At the request of the Moose Lake City Council, Mayor Ted Shaw and City Administrator Talbot have been meeting with representatives of the Moose Lake-Windemere Sanitary Sewer District regarding a variety and number of issues and matters. One of these issues, and the subject of the Customer Transfer Agreement is the long-standing desire of the City of Moose Lake to recapture the accounts of the Southtown Addition in that these customers are in fact City of Moose Lake residents. According to Mayor Ted Shaw and City Administrator Talbot all of the necessary accounting and bookkeeping requirements that would allow this transfer to take place have been worked out, and therefore, Mayor Ted Shaw and City Administrator Talbot recommend approve of the Customer Transfer Agreement. Under a Motion made by City Councilor Kris Huso, and with a second to the Motion being made by City Councilor Bill Carlson, Mayor Ted Shaw and City Administrator Talbot are authorized to execute any and all documents required to effectuate the approval of the Customer Service Agreement between the City of Moose Lake and the Moose Lake-Windemere Sanitary Sewer District. Approved unanimously via voice vote. [4-0].
12. Mn Department of Natural Resources - Utility Improvement Payment Plan. As part of the City of Moose Lake Sanitary Sewer project, the City encountered a problem along South Kenwood in that the Minnesota Department of Natural Resources [MnDNR] had an existing sanitary sewer service line that had to be abandoned and relocated and reconstructed. Therefore, at the request of the MnDNR, the City Administrator and the City Engineer are proposing that the required sanitary sewer improvements be made and that the MnDNR be allowed to reimburse the City of Moose Lake for said costs, in the amount of $7,630, over a five [5] year term. Under a Motion being made by City Councilor Bill Carlson, and with a second to the Motion being made and offered by City Councilor Curt Yort, Mayor Ted Shaw and City Administrator Talbot are authorized to execute the aforementioned Utility Improvement Payment Plan between the City of Moose Lake and the MnDNR. Approved unanimously via voice vote. [4-0].
13. Moose Lake Area Hockey Association - 2008 Lease Payments [Discussion]. City Administrator Talbot reported that he, Talbot, and Mayor Ted Shaw have met with representatives of the Moose Lake Area Hockey Association and other interested individuals regarding a number and variety of issues and matters. The instant matter, and the subject of this Agenda item pertains to a request from the MLAHA that the City of Moose Lake, in recognition of the capital improvements that have been made in the past few years, consider the forgiveness of the lease payments that are past due, which amounts to all of contract year 2008 obligations. According to City Administrator Talbot, this item is informational in nature at this time, and no action is required at this time. In addition to the matter of facility improvements and what direction should be taken to improve the exterior of the existing facility, Mayor Ted Shaw and City Administrator Talbot have been meeting with community leaders and others who are interested in joining with the City of Moose Lake and the MLAHA regarding a beatification program and project. It was suggested after discussion at the City Council level that at the appropriate time a Joint Special Meeting with representatives from the Moose Lake Area Park Board, the Moose Lake School District and the Moose Lake Area Hockey Association should be held to discuss these matters in depth.
14. 2009-2010 Local Government Aid Allocations. City Administrator Talbot provided the City Council with a spreadsheet and a copy of the Minnesota Department of Revenue spreadsheet delineating the ‘unallotments’ that were made by the Governor to balance the budget, in accordance with Minnesota State Statute. From our, the Administrations, reading of the documents, it would appear that the reduction in Local Government Aid for fiscal year 2010 is less than anticipated, however, the amounts previously reduced do in fact have an impact. According to City Administrator Talbot, these documents are informational in nature at this time, and further discussion should be delayed until the City Council begins deliberations regarding the 2010 General Operating Budget. No formal action is required and none was taken.
15. Annexation Request - Kasper Addition. Several residents of the Kasper Addition approached the City Administrator from time to time over the past several years inquiring as to the extension of water service to the Kasper area in that the drinking water wells are beginning to fail or do not meet Minnesota Department of Health requirements. When asked, City Administrator Talbot reported that he, Talbot, reiterates to the affected party that the City Council of the City of Moose Lake has adopted a policy whereby the City does not extend public utilities outside of the boundaries of the City and therefore, anyone requesting a service extension must reside within the City of Moose Lake. With that said, residents of the Kasper Addition have in fact prepared a petition for annexation for the express purpose of having water extended to residents of the Addition in Moose Lake Township. City Administrator Talbot concluded by stating and recommending that the Moose Lake City Council direct the City Administrator to work with the City Engineer to determine an estimate of probable cost and once that information is received and reviewed by the Moose Lake City Council, the City Council would meet with the residents to determine feasibility of the project and the process to be employed relative to the ‘friendly’ annexation of Kasper Addition. City Administrator Talbot also reported that he, Talbot, has discussed this matter with the Chair of the Moose Lake Town Board of Supervisors and there does not appear to be any opposition on behalf of the Town Board, if the requested water extensions can be accommodate and are accepted by the City and affected property owners. Under a Motion being made by City Councilor Bill Carlson, and with a second to the Motion being made and offered for consideration by City Councilor Curt Yort, the City Administrator is directed to work with the City Engineer to determine an estimate of probable cost to construct the requested improvements and return to the Moose Lake City Council for presentation of the findings and facts. Motion carried unanimously via voice vote. [4-0.
Communications. [1]. Lease of Best Oil Land in Moose Lake - Notice of Termination. By previous action of the Moose Lake City Council, City Administrator Talbot was directed to prepare and submit a correspondence to Best Oil Company informing them, Best Oil, of the cancellation of the former Lease. [2]. MSOP - Notice of Postponement of Moose Lake Complex One. The City of Moose Lake received a correspondence from the State of Minnesota Sex Offender Program Administration that the open House that was scheduled for June 18th, 2009, has been cancelled and will be re-scheduled.
Announcements.
Mayor Shaw reported that the next Regular Meeting of the Moose Lake City Council would be held on Wednesday, August 12 2009, at 6:30 p.m. Mayor Shaw went on to report that the next regular meeting of the Moose Lake Planning Commission would be held on Tuesday, July 27, 2009, at 5:00 p.m., if a meeting is needed. All of the aforementioned meetings will be held in the City Council/Town Board Chambers in the Moose Lake Civic and Community Center, located at 313 Elm Avenue, Moose Lake, Minnesota.
Adjournment.
There being no further business to come before the Moose Lake City Council, Mayor Ted Shaw called for a Motion to Adjourn the Wednesday, July 08, 2009, Regular Meeting of the Moose Lake City Council. A Motion to Adjourn was introduced by City Councilor Bill Carlson, and a second to the Motion to Adjourn was made and offered by City Councilor Curt Yort. Meeting adjourned by Mayor Ted Shaw.
Respectfully submitted,
David R. Talbot, Jr.
City Administrator