MINUTES
Regular City Council Meeting
Call to Order. Mayor Ted Shaw called the Wednesday, March 18, 2009, 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: Kris Huso, Bill Carlson and Curt Yort. 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. City Administrator Talbot reported that there were six [6] additions to the Agenda that needed to be made as follows: New Business., item 10. Moose Lake Area Park Board Appointment - Ms. Lisa Hoche Mathews, and item 11., Louis Addition Development Agreement - Acceptance Date Determination; Communications., item[s] 4. Mercy Hospital Annual Report, item[s] 5. City of Moose Lake Marketing Brochure, and item[s] 6. Moose Lake Community Profile Article; and Announcements., item 4. Special Meeting Public Notice - Budget Meeting. With that, Mayor Shaw stated that he would entertain a Motion to accept the Agenda, as amended. Under a Motion being made by City Councilor Kris Huso, and with a second to the Motion being made and offered by City Councilor Yort, the Agenda was approved unanimously via voice vote. [4-0].
Minutes. Mayor Shaw reported that the Official Minutes from the Regular Meeting of the Moose Lake Power [Water and Light] Commission that was held on February 09, 2009, 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 City Council. Mayor Shaw went on to state that the Agenda also denotes that there are five [5] sets of Minutes from a number and variety of City Council Regular and Special Meetings that have not been prepared. City Administrator Talbot stated that the Minutes would be forthcoming as quickly as possible and practical given the current workload of the Administrative Management Team.
Consent Agenda Adoption. Mayor Shaw offered the adoption of the Consent Agenda for the March 18, 2009, Regular Meeting of the Moose Lake City Council under a single Motion from the floor, which includes acceptance of the Accounts Payable for March, and the Financial Statements and the Municipal Liquor Store - Profit and Loss Statement for the month of February Under a Motion made by City Councilor Curt Yort, and with a second to the Motion being made and offered by City Councilor Kris Huso, 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. 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.
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.
7. Louis Addition Development Agreement - Acceptance Date Determination. Removed from Table and included under New Business, item 11.
8. Application to fill Park Board Vacancy. Removed from Table and included under New Business, item 10.
New Business.
1. Resolution No 09-03-01 - A Resolution of Joint Effort to Expand Broadband Service. At the request of City Councilor Bill Carlson, and to assist and promote the efforts of the Moose Lake Power [Water and Light] Commission, Resolution No 09-03-01, A Resolution Of Joint Effort To Expand Broadband Service, was drafted and presented for Moose Lake City Council review. City Councilor Bill Carlson outlined the goals and objectives of the application for federal stimulus funds and asked for the support of the City of Moose Lake, similar to that in nature of the support expressed by the Moose Lake Area Fire Protection District. After discussion and dialogue, a Motion was made by City Councilor Kris Huso, and with a second to the Motion being made and offered by City Councilor Curt Yort, Resolution No 09-03-01, was adopted. Approved unanimously via voice vote of the Moose Lake City Council. [4-0]
2. Resolution No 09-03-02 - Resolution Requesting Denial of Minnesota House of Representatives File No 1280 and Minnesota Senate File No 1188. City Administrator Talbot reported that a Bill has been introduced in both the Minnesota House of Representatives and the Senate, that if approved, would effectively transfer inmates presently housed in the Moose Lake Correctional Facility to a private facility. Therefore, City Administrator Talbot was asked to prepare and submit a Resolution for consideration by the Moose Lake City Council that would express the concerns of such an action that would result in significant job loss for not only the City of Moose Lake, but for the County of Carlton and the greater Moose Lake area as well. City Administrator Talbot went on to state that he has been working with representatives and officials of Carlton County to garner and enlist additional support of the City of Moose Lake effort in that the Moose Lake Correctional Facility is a major employer for the area and not just within the corporate boundaries of the City of Moose Lake. City Administrator Talbot has been informed that the Carlton County Board of Supervisors has taken up this matter based upon the appearance of Mayor Ted Shaw and City Administrator Talbot at the most recent Board Meeting. City Administrator Talbot concluded by stating that an actual Committee Hearing has been called for by the House of Representatives and although most believe that the matter will fail, we, the City of Moose Lake, cannot take chances. After discussion and dialogue, a Motion was introduced by City Councilor Bill Carlson, and with a second to the Motion being made and offered for consideration by City Councilor Kris Huso, City of Moose Lake Resolution No 09-03-02, was approved unanimously. Approved unanimously via voice vote of the Moose Lake City Council. [4-0].
3. Moose Lake Windemere - Sanitary Sewer District - Settlement Agreement Payment. The City of Moose Lake has received a disbursement check from the Moose Lake-Windemere Sanitary Sewer District in the amount of $83,155. City Administrator Talbot reported that this item is informational in nature and is included as a follow-up to a previous discussion and presentation that was made by Mayor Ted Shaw and City Administrator Talbot regarding the agreement that was reached by the District and the City of Moose Lake regarding underpayment of sanitary sewer charges by the District for the past five [5] years.
4. 2009-2010 Local Government Aid Payments - Governor Pawlenty’s 2010-2011 Proposed Reductions. The Moose Lake City Council was provided with a spreadsheet that was prepared and posted on the Minnesota Department of Revenue website that delineated the amounts of Local Government Aid that the Governor was proposing to ‘unallot’ or cut for both fiscal year 2009 and 2010 Local Government Aid payments. City Administrator Talbot stated that he would monitor the situation with the State as they attempt to balance the current budget and adopt a new budget for the upcoming biennium. For the matter of the Public Record, the proposed reductions in Local Government Aid for fiscal year 2009 is $70,843, and $158,000, for fiscal year 2010 operations. No formal action of the Moose Lake City Council is required at this time.
5. Best Oil Company - Annual Municipal Parking Lot Lease. The City of Moose Lake is in receipt of an Invoice in the amount of $3,425.56, which represents the annual property taxes assessed against several parcels owned by Best Oil Company and leased to the City of Moos Lake for the lot across from the First National Bank of Moose Lake. Given the proposed and certain reductions in Local Government Aid, City Administrator Talbot stated that perhaps now is the time to cancel the lease in that the leased property serves for the most part as a private parking lot for First National Bank of Moose Lake employees. After discussion, dialogue and debate, no Motion was presented in favor of continuing the lease arrangement with Best Oil Company and therefore, City Administrator Talbot was instructed to inform them, Best Oil Company, that the City, would not be paying them for the annual lease being proposed by them, Best Oil Company for 2009. City Administrator Talbot stated that he would prepare a correspondence delineating the decision of the Moose Lake City Council, a copy of which would be sent to the members of the Moose Lake City Council.
6. Census 2010 - Complete Count Committees. The City of Moose Lake is in receipt of a correspondence from the Minnesota Department of Administration regarding the 2010 Census. As stated in the correspondence, the 2010 Census could have a profound effect on the City and the State for the next ten [10] years and therefore, Mayors, administrators and others should become deeply involved to ensure that the census counts are extremely accurate and reliable. This item is informational in nature and requires no formal action by the Moose Lake City Council. If you are interested in attending any of the training sessions or assisting with the taking of the 2010 Census, please contact City Administrator Talbot.
7. Chamber of Commerce Committee - Easter Egg Hunt Donation. A request for a donation has been submitted by the Lake Area Ladies, a sub-committee and organization of the Moose Lake Area Chamber of Commerce to help defray the cost of conducting the Annual Easter Egg Hunt. When asked, City Administrator Talbot stated that a donation in the amount of $50.00, was made last year, with said donation being charged to the Mayor’s Contingency Fund. With support from City Administrator Talbot that said donation could be supported and made, a Motion was made by City Councilor Curt Yort and with a second to the Motion being made and offered by City Councilor Kris Huso, the donation was approved. Approve unanimously via voice vote of the Moose Lake City Council. [4-0].
8. GFOA Recommended Practices - Selecting Underwriters for Negotiated Bond Sales. As a handout prior to the City Council meeting, City Councilors were provided information by City Administrator Talbot regarding an article that was prepared and published by the Government Finance Officers Association [GFOA], outlining recommend practices that should be followed when a City is seeking the services of an underwriter for a negotiated bond sale. The City Administrator, who is a long-time member of the Government Finance Officers Association, stated that this item is informational, but went on to add that he, Talbot, Kennedy and Graven, the City Bond Counsel and Ehlers and Associates, the City Financial Advisor are well aware of these practices and have negotiated a number of sales already for the City of Moose Lake.
9. Ordinance No 144 - Regulating and Controlling the Use of All Terrain Vehicles. Given the number of complaints that have been reported to Mayor Ted Shaw and other members of the Moose Lake City Council, City Administrator Talbot was requested to provide the members of the Moose Lake City Council with a copy of the current Ordinance that is on the books regarding the regulation and operation of All Terrain Vehicles in the City. City Administrator Talbot stated that the regulation and control of ATV’s and the destruction to property that has occurred is hard to control and it is his, Talbot’s, opinion that the City should consider banning the use of said ATV’s within the corporate boundaries of the City of Moose Lake. Mayor Ted Shaw stated his displeasure with the operation of said vehicles within a residential neighborhood and recused himself from any further discussion and debate on the matter and asked the remaining members of the City Council to work with the Administration to find a solution to the problem. After discussion, dialogue and debate, it was determined that this matter would be tabled until such a time as a Committee with representation from the Moose Lake Area Park Board, the ATV Club and others could be brought together. Under a Motion made by City Councilor Curt Yort, and with a second to the Motion being made and offered for consideration by City Councilor Kris Huso, the matter was Tabled. City Administrator Talbot was asked to reach out and contact anyone who may have an interest regarding this matter to see if they would be interested in sitting on a Committee.
10. Moose Lake Area Park Board Appointment - Ms. Lisa Hoche-Mathews. At a previous Moose Lake City Council Meeting, members of the City Council asked for a copy of the current City of Moose Lake Ordinance that governed the composition of the Park Board. On or about January 15, 2009, the City of Moose Lake was in receipt of a correspondence from Ms. Lisa Hoche-Mathews requesting appointment to the Moose Lake Area Park Board. This matter was Tabled until members of the Moose Lake City Council were provided with an opportunity to review the current Ordinance and make a decision as to what the appropriate composition requirements were. After having the information presented to the Moose Lake City Council in the form of City Ordinance No 128, a Motion was made by City Councilor Curt Yort, and with a second to the Motion being made and offered by City Councilor Kris Huso, the appointment of Ms. Lisa Hoche-Mathews was approved. Motion approved unanimously via voice vote of the Moose Lake City Council. [4-0].
11. Louis Addition Development Agreement - Acceptance Date Determination. The City of Moose Lake received a request for information from Dr. Dan Benzie relating to the acceptance date of the Louis Addition Development Agreement. With that request being a matter of public record, the Moose Lake City Council Tabled the matter and requested City Administrator Talbot to review the matter and prepare a response to Dr. Benzie. The requested correspondence has been prepared and is made a part of this Agenda by reference and inclusion in the Agenda packet. Given the nature and tone of the correspondence it would appear that there is no action that is required by the Moose Lake City Council in that the ‘acceptance date’ has been calculated and determined by a prior action of the Moose Lake City Council.
Communications. [1]. Mediacom - High Definition [HD] Additional Programming. [2]. MMUA Article - Moose Lake Extends Internet Services. [3]. Carlton County Economic Development Director - Moose Lake Correctional Facility Relocation Resolution[s]. [4]. Mercy Hospital Annual Report. [5]. City of Moose Lake Marketing Brochure. [6]. Moose Lake Community Profile Article.
Announcements.
Mayor Shaw reported that the next Regular Meeting of the Moose Lake City Council would be held on Wednesday, April 08, 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, March 31, 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. Mayor Shaw went on to remind the members of the Moose Lake City Council that a Special Meeting would be held on Tuesday, March 24, 2009, at 5:00 p.m., regarding the 2009 General Operating Budget and other financial matters.
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, March 18, 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 Kris Huso. Meeting adjourned by Mayor Ted Shaw.
Respectfully submitted,
David R. Talbot, Jr.
City Administrator