MINUTES
Regular City Council Meeting
Call to Order. Mayor Ted Shaw called the Wednesday, January 13, 2010, 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 Beth Virden. City Councilors absent: Kris Huso. Also in attendance was City Administrator David Talbot, Jr., and Moose Lake Power [Water and Light] Commission Office Manager Deb Mohelski.
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 Ted Shaw stated that he, Mayor Shaw, would entertain a Motion to approve the Agenda. Under a Motion being made by City Councilor Kris Huso, and with a second to the Motion being made and offered by City Councilor Bill Carlson, the Agenda, was approved unanimously via voice vote. [4-0].
Minutes. Mayor Shaw reported that the Official Minutes from the September 14, 2009, Special Meeting of the Moose Lake City Council have been prepared and are presented for formal adoption. The Minutes of the November 18, 2009, Regular Meeting and the December 09, 2009, Regular Meeting of the Moose Lake City Council have not yet been completed and are marked ‘to come’. Mayor Shaw went on to state that the Minutes from the Regular Meeting of the Moose Lake Power [Water and Light] Commission that was held on December 15, 2009, and the Special Meeting, held on December 10, 2009, are presented to update the City Council about the operations of the City’s Electric Utility Enterprise Fund and do not need to be approved by formal action of the City Council. Mayor Shaw concluded by stating that the Minutes from the December 02, 2009, Joint Special Meeting with the City Council and the Moose Lake - Windemere Sanitary Sewer Service should also be marked ‘to come’.
A Motion was made by City Councilor Bill Carlson, and with a second to the Motion being made and introduced by City Councilor Beth Virden, the aforementioned delineated Minutes were approved, if and when required. Approved unanimously via voice vote. [4-0].
Consent Agenda Adoption. Mayor Shaw offered the adoption of the Consent Agenda for the January 13, 2010, Regular Meeting of the Moose Lake City Council under a single Motion from the floor, which includes acceptance of the Accounts Payable for January, and the Unaudited Financial Statements for the month of December. Mayor Shaw stated that the record should show that the year end financial statements for the Municipal Liquor Store are marked ‘to come’. When queried City Administrator Talbot stated that the Municipal Liquor Store financial statements have not been prepared in that year end data such as depreciation, accounts payable and receivable etc., have not been determined. Mayor Shaw stated that this is normal practice and procedures and the report will be presented at a later date. Under a Motion made by City Councilor Beth Virden 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].
Petitions, Complaints and Presentation of Claims. None.
Reports of Officers.
1. Cable Television Franchise Renewal - Legal Counsel Representation. City Councilor Bill Carlson reported on the meeting that was held with Mr. Bob Vose, of Kennedy & Graven, regarding the renewal of the City’s cable television franchise agreement. According to Mr. Vose, in an attorney-client communication dated December 30, 2009, the City’s current franchise agreement with Mediacom is set to expire in July of 2012. By correspondence dated October 20, 2009, Mediacom has requested that the parties to the agreement meet and negotiate an ‘informal’ renewal which is allowable under federal law. Mr. Vose continues and outlines the steps and issues that need to be reviewed by the City and incorporated as part of the new franchise renewal. City Council, with a great deal of pain, stated for the public record that City Administrator Talbot was right and the franchise fees collected by the City can be used for general operations and are not required to be used for ‘public access’ purposes. City Councilor Carlson went on to state that in addition to the franchise fee, the City has the right to ask for and receive what are called ‘access fees’. City Councilor Carlton asked that the City Council discuss the implementation of the authorized ‘access fees’ at the February meeting of the City Council. Finally, City Councilor Carlson stated that the attorney fees would be somewhere between five [5] to ten [10] thousand dollars, depending on the course of action that the City would have to follow to ensure that a new franchise agreement could be negotiated and in place before the 2012 deadline.
2. Carlton County Economic Development Director’s Update. Mr. Pat Oman, Carlton County Economic Development Director appeared and provided a number of documents to the Moose Lake City Council regarding a number and variety of programs that are in place and to which the City of Moose Lake has been a recipient. Mr. Oman went on to identify a variety of marketing programs and surveys that have been completed. Mr. Oman concluded by stating that the County would be hosting an informational meeting at the Moose Lake Area Civic and Community Center during the month of February where the findings and outcomes from the latest marketing effort would be presented by the University of Minnesota.
3. Fire Department Annual Run Statistical Report. Mayor Ted Shaw, who sits on the Moose Lake Area Fire Protection Board introduced information regarding the number and type of ‘runs’ that were made by the department in 2009. The City Council and Administration expressed their surprise at the number of calls that were made, and also discussed the types of services that were performed on these calls. Members of the Moose Lake City Council expressed their individual and collective support and appreciation of those serving the community and area. Mayor Ted Shaw stated that he would pass on the comments of the City Council and the Administration.
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 Administrator 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.
1. Municipal Liquor Store - Property Acquisition Proposal. City Administrator Talbot reported that he, Talbot, and Mayor Ted Shaw met with two [2] local business people and Carlton County Commissioner Ted Pihlman to discuss the two [2] parcels of property that are owned by Best Oil Company and are currently for sale. It was determined at this meeting that Mayor Shaw and City Administrator Talbot would seek approval from the Moose Lake City Council to acquire the vacated lot [the former Little Store site] adjacent to the Municipal Liquor Store. Subsequent to that meeting, a purchase order was prepared and submitted to Best Oil Company by one of the parties to ensure that the parcels were not acquired will Mayor Shaw and City Administrator Talbot were seeking approval. Since that time, City Administrator Talbot has had discussions with the individual holding the purchase agreement, and he, Talbot, was pleased to report that the City could acquire the lot adjacent to the Municipal Liquor Store for $29,999.99. City Administrator Talbot stated that sometimes procrastination works out in that the City could have acquired the subject lot several years ago for $125,000, and now with the building removed and cleaned up, the City is, or can, acquire the parcel for less than Thirty Thousand Dollars. City Councilor Curt Yort introduced a Motion for consideration stating that he, Yort, would prefer that no dollar amount be stated in that the actual cost[s] to acquire the parcel may be more, and with a second to the Motion being made and offered for consideration by City Councilor Bill Carlson, Mayor Ted Shaw and City Administrator Talbot were authorized to proceed with acquisition and report back to the City Council when the acquisition was completed. Approved unanimously via voice vote of the Moose Lake City Council. [4-0].
Unfinished Business.
1. City Personnel Policy. [no action taken]
2. Moose Lake GIS Project. [no action taken]
New Business.
1. Official Newspaper Designation - Request for Quotations. City Administrator Talbot reported that requests for quotation regarding the printing of legal notices and other advertisements were sent to the two [2] local print media representatives. Quotes were received from the Arrowhead Leader and the Star Gazette, and copies of the respective quotes are included as part of the Agenda. With that, City Administrator Talbot stated that he has reviewed the quotes and recommends the appointment of the Star Gazette as the Official Newspaper of the City of Moose Lake for fiscal year 2010. Under a Motion made by City Councilor Bill Carlson, and with a second to the Motion being made and offered by City Councilor Beth Virden, the Star Gazette was selected as the Official Newspaper of the City of Moose Lake. Approved unanimously via voice vote. [4-0].
2. Annual Appointments - Boards and Commissions. Mayor Shaw and City Administrator Talbot collaborated on the reading of the proposed 2010 Annual Appointments for the public record. In addition to the insertion of the Star Gazette as the Official Newspaper of the City of Moose Lake, Mayor Shaw replaced City Council Kris Huso as the representative to the Moose Lake Area Chamber of Commerce. City Administrator Talbot reported that Mr. Ray Kuhlman requested re-appointment to the Moose Lake Power [Water and Light Commission] for another term. City Councilor Yort stated that it was his, Yort’ s, belief that there was a vacancy on the Moose Lake Area Park Board that has not been filled. City Administrator Talbot stated that he would review the ordinance and if there was in fact a vacancy, an advertisement would be placed in the Official Newspaper seeking a qualified candidate. With a Motion being made by City Councilor Beth Virden, and with a second to the motion being made and offered by City Councilor Bill Carlson, the 2010 Annual Appointments are confirmed. Approved unanimously via voice vote of the Moose Lake City Council. [4-0].
3. Ordinance No 151 - Adopting the City of Moose Lake 2010 Fee Schedule. As part of the annual reorganizational meeting, the City Council takes up the matter of approving the annual fee schedule. City Administrator Talbot stated that no changes are being proposed at this time. City Councilor Yort asked about the matter of increasing campground fees and asked if the Moose Lake Area Park Board has made any recommendation or changes. Mayor Ted Shaw stated that the Board has received information from City Administrator Talbot, and the Board will be taking up the matter of fees and other considerations in the term future. With that being said, a Motion to approve Ordinance No 151, adopting the City of Moose Lake Fee Schedule for 2010, was introduced by City Councilor Beth Virden, and the Motion was seconded by City Councilor Bill Carlson. Motion approved unanimously via voice vote of the Moose Lake City Council. [4-0].
4. Arrowhead Transit - Notification of Reduction in Service Level[s]. The City of Moose Lake has received a correspondence dated January 04, 2010, informing the City that transportation [bus] service for the City of Moose Lake would be reduced to just one [1] day per week. According to City Administrator Talbot, historically, the City received service two [2] days per week, and the cost to the City for the provision of this service was the same as the proposed cost for the reduced service[s]. City Administrator Talbot stated that it was his opinion, that the City should discontinue the contract with Arrowhead Transit in its entirety. When asked by City Councilor Curt Yort what the current ridership was, City Administrator Talbot reported that ridership as continually decreased in current years. While City Councilor Yort appreciated the fact that the service is costly at the rate proposed, he, Yort, would like additional information of ridership before a decision was made. City Councilor Yort then asked that both of the local print media do a public service and report on the proposed elimination of service to give residents a chance to comment before formal action is taken. City Administrator Talbot stated that he, Talbot, would gather the information required and report back to the City Council as soon as possible. With that being said, City Councilor Curt Yort introduced a Motion to table the action until a later date, and with a Motion seconding the action being made and introduced for discussion and consideration by City Councilor Bill Carlson, the matter was tabled by unanimous vote of the Moose Lake City Council. [4-0].
5. 2010 Comprehensive Audit and Financial Report - Representation Letter. City Administrator Talbot reported that he, Talbot, is in receipt of a correspondence from the City’s auditor outlining the tasks to be performed relative to the performance of the 2009 audit and preparation of the Comprehensive Annual Financial Report. According to Talbot, the engagement letter is the beginning of the process for conducting the audit and outlines the role of the auditor and the client. In addition to the engagement letter, a separate correspondence was prepared and presented by the City Auditor to the Moose Lake City Council. In this correspondence, McGladrey and Pullen, LLP, the City’s auditor, outlines the scope of work to be performed and concludes by asking the Moose Lake City Council to comment on the work to be performed and if there are any areas of concern, those concerns regarding the practices of management should be reported to the auditor prior to or during the audit engagement. Under a Motion being made by City Councilor Curt Yort, and with a second to the Motion being made and offered for discussion and consideration, City Administrator Talbot was authorized to sign and submit the engagement letter to the City Auditor. Approved unanimously via voice vote. [4-0].
6. Letter of Retirement and Resignation - Police Chief Dale Heaton. With deep regret, City Administrator Talbot reported that the City is in receipt of a letter of resignation from Police Chief Dale Heaton. City Administrator Talbot read the letter of resignation into the public record, and concluded by stating that Police Chief Heaton has become a close personal friend and that he, Talbot, would miss his ‘driver’. Talbot shared the story of Police Chief Heaton taking him to the transplant center and staying until the surgery was complete. Mayor Shaw and members of the Moose Lake City Council express their individual an d collective regret that Police Chief Heaton was actually retiring, and went on to thank him, Police Chief Heaton, for his leadership and professionalism all these years. City Administrator Talbot asked the City Council on how they, the City Council, would like to proceed regarding filling the soon to be vacated position of Police Chief. Mayor Ted Shaw stated his preference to limiting the search to those who are currently working for the City stating that there are far too few opportunities like this and consideration should be given to those who are presently working for the City. Other members of the City Council were in disagreement and stated that they would like to have a Special Meeting where an in-depth conversation and discussion should happen before any formal and final decision is made. City Administrator Talbot was instructed to set up and call for the Special Meeting as soon as possible. Under a Motion being made by City Councilor Beth Virden, and with a second to the Motion being made and offered by City Councilor Carlson, the letter of resignation for retirement purposes submitted by Police Chief Dale Heaton was approved, with deep abiding regret. Approved unanimously via voice vote of the Moose Lake City Council. [4-0].
7. Permit Application Fee[s] - Application for Wetland Project Replacement. [See item No 10, for detailed information and discussion].
8. Sanitary Sewer Treatment Project - Acquisition of Land Schmidt and Forse Parcel[s]]. [See item 10, for detailed information and discussion]
9. League of Minnesota Cities - Insurance Trust Fund - Dividend[s]. City Administrator Talbot reported that the City recently received a check from the Minnesota League of Cities Insurance Trust in the amount of $7,567, representing the City’s 2009 dividend. City Administrator Talbot stated that the dividends are distributed each year, and based upon the extremely good experience of the City, the City has received dividends for many years. According to Talbot, the funds have already been recorded and deposited, and there was no need for formal action by the Moose Lake City Council.
10. Waste Water Treatment System - Change Order No 3. Regarding Items 7, 8, and 10, City Administrator Talbot reported that each and all of the items relate to the proposed construction of the Waste Water Treatment System [ponds]. According to City Administrator Talbot, the City has received notification from the Carlton County Planning and Zoning Office that the proposed application for wetland project replacement has been received, but that it, the plan, cannot be processed until the City pays the requisite fee[s] which in regard to the instant matter amount of $6,000. City Administrator Talbot went on to state that he, Talbot, has discussed this matter with Carlton County Commissioner Ted Pihlman, and Pihlman will investigate the possibility of crediting the City for previous amounts paid for wetland work in an attempt to eliminate the need for the payment of these fees. In a correspondence from City Attorney Marguerite Doran, Mr. Neil Nemmers, has been requested to update the previously submitted appraisal of the Schmidt and Forse properties being considered for acquisition. Mr. Nemmers has been asked to take into consideration the amount[s] that the City will be assessed for the permitting, along with the cost of acquiring the land that should be diminished in value because of the location of the wetlands and the limitation of use they, the wetlands, create. Finally, Change Order No 3, has been prepared and is presented to the Moose Lake City Council for approval. According to City Administrator Talbot, the Moose Lake City Council has expressed their, the City Council’s, approval for continuing with the project, and the construction of the proposed treatment ponds. Change Order No 3, was prepared and is presented as a symbolic gesture on the part of the City of Moose Lake, and on approval, City Administrator Talbot will commence with executing contract documents and securing final financial support from the State of Minnesota, Public Facilities Authority [PFA]. Under a Motion being made by City Councilor Bill Carlson, and with a second to the Motion being made and offered by City Councilor Beth Virden, Change Order No 3, is hereby considered for adoption and Mayor Ted Shaw and City Administrator Talbot are authorized to execute any and all documents needed on behalf of the City of Moose Lake to secure financing and acquire property. Approved unanimously via voice vote. [4-0].
11. League of Mn Cities - Insurance Trust Fund - Total Liability Waiver[s] - City and Moose Lake Power [Water and Light] Commission. In preparing the City’s application for insurance coverage for 2010, the City, and the City for the Moose Lake Power [Water and Light] Commission, are required to submit a liability coverage waiver form. City Administrator Talbot stated that he, Talbot, cannot understand why any local unit of government would elect to pay more than the statutory limits regarding any liability claims made against the City. With that, City Administrator Talbot recommended that the City of Moose Lake proclaim that it, the City, does not waive the monetary limits on municipal tort liability established by Minnesota State Statutes 466.04. Under a Motion being made and offered by City Councilor Bill Carlson, and with second to the Motion being made and offered for discussion and consideration by City Councilor Curt Yort, City Administrator Talbot was authorized to execute the required waiver to the League of Minnesota Insurance Trust Fund. Approved unanimously via voice vote of the Moose Lake City Council. [4-0]
Communications.
1. Financial Advisor - Potential Refunding of Existing Bonds. The City’s financial advisor[s] constantly review the outstanding debt instruments of the City of Moose Lake in an effort to secure any cost savings, if they exist. With that, the City Council was informed by City Administrator Talbot that it was the opinion of the Ehlers and Associates, the City’s financial advisors, that there are no savings to be generated at this time, and therefore, there is no need to issue refunding bonds. 2. Carlton County Engineer - Proposed Construction Program for 2010 and Future. The Carlton County Engineer has prepared and is presenting the Proposed Construction Program for 2010, and the future. City Administrator Talbot stated that there is no detailed map submitted at this time because all of the information is now available on line. 3. Financial Advisor - Market Commentary. Information taking a look back at the 2009 financial market, and a look forward or ‘crystal ball’ for future markets has been prepared and received by the City for informational purposes. The report goes on to show the results of bond sales for communities similar in size and rating to that of the City of Moose Lake. 4. ‘Community For All Ages [CFAA] Program - Letter of Support. City Administrator Talbot, on behalf of the Mayor and City Councilors, prepared and submitted a letter of support regarding the efforts of community groups and local youth as part of the ‘Community for All Ages’ program. 5. Mercy Hospital and Healthcare Center - Sale of Nursing Home and Kenwood Place [Augustana Care Corporation of Minneapolis]. The sale of the nursing home and assisted living units on the campus of Mercy Hospital and Healthcare are proceeding and agreements with the various labor organizations have concluded. Officials from the hospital and Augustana Care Corporation of Minneapolis will be extended and afforded an invitation to appear before the Moose Lake City Council to discuss the future of these important community facilities.
Announcements.
Mayor Shaw reported that the next Regular Meeting of the Moose Lake City Council would be held on Wednesday, January 13, 2010, 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, December 29, 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, January 13, 2010, 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