MINUTES
Regular City Council Meeting
Call to Order. Mayor Ted Shaw called the Wednesday, May 20, 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: Bill Carlson and Curt Yort. City Councilors absent: Kris Huso and 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 stated that there are four [4] additional item to be added to the Agenda, as follows: Minutes, item 11. May 19, 2009, Moose Lake Area Public Library Board Minutes; New Business, item[s] 8. Old Fashioned Fourth of July Celebration - Moose Lake Area Park Board and item 9. Residential Street Lighting - Jon Brown Drive; and, Communications, item 2. Trail Systems. Mayor Shaw stated that he would entertain a Motion to accept the Agenda as amended. Under a Motion being made by City Councilor Bill Carlson, and with a second to the Motion being made and offered by City Councilor Yort, the Agenda, as amended, was approved unanimously via voice vote. [3-0].
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 April 13, 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 delineates that there are nine [9] additional 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. City Councilor Bill Carlson had previously distributed copies of the May 19, 2009, Moose Lake Public Library Board Minutes and stated that they were ‘informational’ in nature and felt that it was important that the Boards and Commissions of City prepared and presented Minutes to the City Council so that the Council would be apprised of the activities of each.
Consent Agenda Adoption. Mayor Shaw offered the adoption of the Consent Agenda for the May 20, 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 the Financial Statements and the Municipal Liquor Store - Profit and Loss Statement for the month of April. Under a Motion made by City Councilor Curt Yort, and with a second to the Motion being made and offered by City Councilor Bill Carlson, the Consent Agenda was adopted and was approved unanimously via voice vote. [3-0].
Petitions, Complaints and Presentation of Claims.
1. Mr. Freddie Louis Dillard vs City of Moose Lake. When asked by Mayor Ted Shaw to respond to this matter, City Administrator Talbot stated that Mr. Freddie Louis Dillard is presently held as an inmate in the Moose Lake Correctional Facility. City Administrator Talbot went on to state and to point out the fact that Mr. Dillard was suing not only the City of Moose Lake, but the Mayor of Moose Lake as well. In summary, Mr. Dillard is presenting his ‘jailhouse lawyer’ case to have himself freed from the facility in that the Mayor has jurisdiction within the City limits of the City of Moose Lake and therefore, since he, Dillard, is being held against his will, the Mayor has the power and authority to have him released from the correctional facility. City Administrator Talbot stated that he has forwarded a copy of the Notice of Motion for Habeas Corpus and Injunctive Relief and Declaratory Relief to both the City Attorney and the Carlton County Attorney for disposition. City Administrator Talbot ensured Mayor Ted Shaw that he, Talbot, would do whatever needed to be done to keep the Mayor out of court or ultimately in prison.
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.
New Business.
1. Horizons Community Grant Project - Update [Ms. Gerene Johnson]. Mayor Ted Shaw introduced Ms. Gerene Johnson, who appeared at the podium and stated that she, Johnson, was a coordinator for the Horizons Community Grant Program. According to Johnson, various committees and sub-groups or teams have been active in the program and have identified a number of areas within the community that they, the Horizons group, would like to work on for the betterment of the greater Moose Lake community. With that being said, Ms. Johnson stated that there will be a ‘free’ training session for all who want to participate and said meeting will be held on Monday, June 1, 2009, and will be held between the hours of 5:30 p.m., to 7:30 p.m., in the Community Room of the Moose Lake Area Civic and Community Center. Ms. Johnson concluded by stating that in an effort to entice residents and other interested parties to attend, dinner will be served.
2. Third and Hickory Roadway Improvements - Preliminary Report. At the request of Mayor Ted Shaw and the Moose Lake City Council, City Administrator Talbot was directed to work with the City Engineer to prepare and present a report on the probable cost to construct, repair and/or maintain Third Street. City Administrator Talbot summarized the findings of the report and stated that there were three [3] options identified. Option 1 would leave the roadway as is and just continue to shape and grade the surface; Option 2 would have an estimate of probable cost in the amount of $20,500; and, Option 3 would have an estimate of probable cost in the amount of $36,500. It is the opinion of the City Engineer and the City Administrator that Option 3, which entails the preparation for bituminous pavement by sub-cutting the roadway and placing a clean-draining sand layer and perforated pipe drains. City Administrator Talbot concluded his remarks by stating that the origin of this report is based upon the petition that was received by residents of Third Street. At this time no formal action of the Moose Lake City Council is required. When asked about the next step, City Administrator Talbot stated that a copy of the report would be sent to the petitioners and after that a Special Meeting of the City Council would be called to meet with the residents and discuss the report and its findings and to identify the amount of the project that would be assessed to each property owner for the proposed improvements.
3. Master Services Agreement - City Engineer. From time to time, the City Engineer is called upon to perform a wide variety of architectural and engineering duties and to prepare and submit special reports to the Administration and the Moose Lake City Council, similar to the Third and Hickory Roadway Improvements report. In order to compensate them, the City Architect and Engineering firm, the City Administrator is proposing the approval of the Master Services Agreement with LHB Engineers and Architects. This Agreement, which is a ‘time and materials’ agreement is a successor to an similar contract that is and has been in place for many years and is re-affirmed by the City Council from time to time. With that being said, a Motion to approve the Master Services Agreement with LHB Engineers and Architects was introduced by City Councilor Bill Carlson, and with a second to the Motion being made and introduced for discussion purposes by City Councilor Curt Yort, the Motion was approved via voice vote of the Moose Lake City Council. [3-0]
4. Market Area Profile - University of Minnesota and Carlton County. The City is in receipt of a correspondence from Mr. Pat Oman, Carlton County Economic Development Director that outlines the cost and deliverables of a contract between the County of Carlton and the University of Minnesota to provide a Market Area Profile that consists of two [2] standard reports describing the main customer groups of Carlton County, and the cities of Cloquet and Moose Lake. The City Administrator has been asked to provide input so that a two [2] to five [5] person retail study group can be created. At this time, City Administrator Talbot states that this is information and that he, Talbot and Mayor Shaw, who will be members of the study group, will get back to the Moose Lake City Council with a roster of participants and the outcomes of the proposed study.
5. Mn Department of Corrections - Mutual Aid Agreement. As the Emergency Response Director, Mayor Ted Shaw has received a request from the State of Minnesota, Department of Corrections that we, the City, authorize and approve the revised Minnesota Joint Powers Agreement between the City of Moose Lake and the State of Minnesota that is currently in effect. This information has been shared with Police Chief Dale Heaton and other interested parties and with that being stated, City Administrator Talbot recommended the Joint Powers Agreement be approved. Under a Motion being made by City Councilor Curt Yort and with a second to the Motion being made and offered by City Councilor Bill Carlson, the Minnesota Department of Corrections Joint Powers Agreement was unanimously approved via voice vote of the Moose Lake City Council. [3-0]
6. Moose Lake Area Park Board - Request for Appointment [Mark ‘Barney’ Hollis]. Mr. Mark ‘Barney’ Hollis has requested consideration for an appointment to the Moose Lake Area Park Board. Mayor Ted Shaw stated that he has spoken with the Chairperson of the Moose Lake Area Park Board who stated that they, the Board, are aware of the request for appointment and respectfully ask that the Moose Lake City Council accept same. With that being said, under a Motion from City Councilor Bill Carlson and with a second to the Motion being made and offered for consideration by City Councilor Curt Yort, Mr. Mark ‘Barney’ Hollis was appointed to the Moose Lake Area Park Board. Approved unanimously via voice vote of the Moose Lake City Council. [3-0]
7. Moose Lake Area Public Library - 70th Birthday Celebration. On behalf of the Moose Lake City Librarian, Ms. Deb Shaw, City Administrator Talbot commented on the document that has been prepared and submitted regarding the creation and history of the Moose Lake Area Public Library. City Administrator Talbot went on to state that the City and the area is extremely fortunate in that the employees who manage and operate the Public Library are extremely professional and talented in that they provide a myriad of programs with very little funding available. In addition in joining in with the celebration of the Moose Lake Area Public Library 70th Birthday Celebration, City Administrator Talbot reported that there has been some discussion of having a 10th Anniversary Celebration for the opening of the Moose Lake Area Civic and Community Center. No formal action by the Moose Lake City Council was required and none was taken.
8. Old Fashioned Fourth of July Celebration - Moose Lake Area Park Board. City Councilor Curt Yort stated that he has spoken with a member of the Moose Lake Area Park Board regarding the Board’s effort[s] to create an ‘Old Fashioned Fourth of July Celebration’. According to City Councilor Yort, the Committee has no real budget to work with per se, and therefore, he, Yort, was wondering if the Moose Lake City Council would entertain a Motion to appropriate funding to help offset some of the cost of producing this worthwhile event. With that, City Councilor Curt Yort offered a Motion for consideration that the Moose Lake Area Park Board be granted an appropriation in the amount of $500, to help defray the cost of advertising. City Councilor Bill Carlson stated that he would support and second the Motion, but requested the consideration of a ‘friendly amendment’ that would allow the City Administrator to increase the budget of the Moose Lake Area Park Board rather than making a donation. With the acceptance of the ‘friendly amendment,’ the Motion to amend the Moose Lake Area Park Board budget by $500, was approved unanimously via voice vote of the Moose Lake City Council.
9. Residential Street Lighting - Jon Brown Drive. City Councilor Bill Carlson, and others, stated that there have been several request and/or inquiries regarding the placement of street lighting along Jon Brown Drive. City Administrator Talbot reported that during the construction phase of Louis Second Addition, accommodations were made to have the conduit and wiring put in place so that when the time came to install residential street lighting, the City or the Moose Lake Power [Water and Light] Commission would not have to re-trench and disturb the settled soils. City Administrator Talbot went on to state that in addition to Jon Brown Drive, he, Talbot, was working with the Superintendent of Moose Lake Power, and Mayor Ted Shaw regarding the placement of street lights along not only John Brown Drive, but Talbot Drive, South Arrowhead Lane, the Moose Lake Area Chamber of Commerce location, and State Highway No 27, northbound. City Administrator Talbot also reported that the group has been meeting with representatives from various lighting companies in an effort to secure modern, cost effective lighting that would save energy costs in a short enough period of time that would allow for them to be paid from Capital Improvement Program funds of the public electric utility or from federal stimulus funds when, and if, they become available.
Communications. [1]. U.S. Corps of Engineers - Grant Application Denial Notice. City Administrator Talbot quipped that for the 7th year in a row, the City of Moose Lake was not approved for grant funding from the U.S. Corps of Engineers. According to City Administrator Talbot, he has spoken with Mr. Randy Lasky of the Northspan Group, and it is their, Talbot and Lasky’s, intent to prepare and submit another grant application. [2]. Trail Systems. The City of Moose Lake has received a correspondence from the Minnesota Department of Transportation requesting final payment on the Moose Lake Trail project. For whatever reason, it has taken MnDOT over seven [7] years to final out this project. The Carlton County Engineer has been contacted, and the City Administrator has stated in no uncertain terms that the City of Moose Lake paid their, the City’s, fair and final share of the project cost and has no intention of paying the request from MnDOT.
Announcements.
Mayor Shaw reported that the next Regular Meeting of the Moose Lake City Council would be held on Wednesday, June 10, 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, May 26, 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. Before calling for Adjournment, Mayor Ted Shaw reminded members of the Moose Lake City Council, those in attendance, and those viewing these proceedings at home that the annual Memorial Day Observance will be held on Monday, May 25, 2009, commencing at 10:00 a.m., in the Moose Lake School Gymnasium and the guest speaker will be Ms. Jennifer Kuhlman, 148th FIG Wing Family Coordinator.
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, May 20, 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