City of Moose Lake
City of Moose Lake Minutes
Date/Time: Wednesday, September 12, 2007
MINUTES
Regular City Council Meeting
Wednesday, September 12, 2007
Call to Order. Mayor Ted Shaw called the September 12, 2007, 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: John Unzen, Bill Carlson and Curt Yort. City Councilors absent: Kris Huso. 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 he would like to add an item under yC, Reports of Officers, City Administrator, regarding the issuance and sale of temporary Sanitary Sewer Utility Revenue Bonds. 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 John Unzen, the Agenda was approved unanimously via voice vote. [4-0].
Minutes. Mayor Ted Shaw reported that the Official Minutes from the August 08, 2007, Regular Meeting, of the Moose Lake City Council have been completed and are presented for formal adoption as part of the Agenda. Mayor Shaw went on to state that the Minutes from the Regular Meeting of the Moose Lake Power Commission [Water and Light] that was held on August 13, 2007, 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 do not need to be approved by formal action of the City Council. In addition to the foregoing, Mayor Ted Shaw stated that the Minutes from the May 29, 2007, Special Meeting and Public Hearing of the Moose Lake City Council and Moose Lake Planning Commission regarding the Seventh Day Adventist Church request for a ‘Conditional Use Permit,' and the Minutes from the August 08, 2007, Special Meeting and Public Hearing of the Moose Lake City Council and Moose Lake Planning Commission regarding the approval of the Louis Second Addition Final Plat and Development Agreement are also being presented for City Council review and approval. A Motion was made by City Councilor Curt Yort, with a second to the Motion being made and introduced by City Councilor Bill Carlson, to approve the aforementioned Minutes, 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 September 12, 2007, Regular Meeting of the Moose Lake City Council under a single Motion from the floor, which includes acceptance of the Accounts Payable for September, and the Financial Statements and the Municipal Liquor Store - Profit and Loss Statement for the month of August. Mayor Shaw went on to state that the Consent Agenda also included a Cemetery Deed for Ms. Lois Hellerstedt, Grave(s) 6 and 7, Lot 214, Block 6, Sunset Cemetery and that said Cemetery Deed would be adopted by a separate Motion. Under a Motion made by City Councilor John Unzen, 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]. Mayor Shaw then stated that he would now entertain a Motion to approve the subject Cemetery Deed and therefore, 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 Cemetery Deed for Ms. Lois Hellerstedt was approved. Approved unanimously via voice vote. [4-0].
Petitions, Complaints and Presentation of Claims. None.
Reports of Officers.
A. Reports of Officers or Officials.
1. Skateboard Park. Ms. Lisa Anderson, Chair, Moose Lake Area Park and Recreation Board, appeared before the Moose Lake City Council and stated that an opportunity has presented itself to the Park Board whereby the City could acquire a piece of skateboarding equipment at a dramatically reduced price. With that, Ms. Anderson introduced Mr. Steven Wesley and asked him to present the scope of the project to the Moose Lake City Council. According to Mr. Wesley, there is an opportunity to acquire a piece of skateboarding equipment referred to as a ‘half pipe' at a cost of Three Thousand Dollars [$3,000], which is approximately one-fourth the original cost. Mr. Wesley outlined his internet search for information regarding insurance, etc. Mr. Wesley concluded his presentation by stating that only one-half of the money was being requested as a grant from the City and that the skateboarders and parents would raise the other one-half. City Administrator Talbot stated that while he supported the effort(s) of the Park Board and Mr. Wesley and others, there is a concern about the location of the piece of equipment, security of the site, and issues with the use of the equipment. For example, according to City Administrator Talbot, the proposed site at Riverside Arena where the underutilized volleyball court used to be is actually State of Minnesota highway right-of-way and no permanent structures can be erected thereon. City Councilor Curt Yort stated that he, Yort, would like to introduce a Motion to purchase the subject piece of equipment at the stated price of Three Thousand Dollars [$3,000], with the following stipulations: one-half of the purchase price is to be raised by the skateboarders themselves and donated to the City; that liability insurance is not a problem nor is it cost prohibitive; a final location needs to be determined by the Park Board; and, guidelines need to be developed and posted. If the foregoing conditions are not met, the City reserves the right to sell the subject piece of equipment at its, the City's, sole discretion. With a second to the Motion being made and offered by City Council John Unzen, the Motion was approved unanimously via voice vote. [4-0].
2. Incident Command Center Project Update. City Councilor Bill Carlson provided an overview on the Incident Command Center Communications graphic and the application to the Lake Country Power Community Trust for a grant in the amount of Three Thousand Dollars [$3,000] to help defray the costs of implementing this important video communications system. City Councilor Bill Carlson went on to state that in addition to the City of Moose Lake, participation would come in the form of financial support from the Moose Lake Area Fire Protection District, Moose Lake Power [Water and Light Commission], and the Moose Lake Housing and Redevelopment Authority. Mayor Shaw thanked City Councilor Bill Carlson for his effort and assistance in preparing this important grant application and he, Mayor Ted Shaw, looked forward to working with City Councilor Bill Carlson and others to update the City's Emergency Management Plan.
•B. Department Directors.
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.
3. Monthly Police Department Report. Mayor Shaw stated that the Police Report for the month of August included in the Agenda packet is the same as the one that is printed in the Arrowhead Leader, the Official Newspaper of the City of Moose Lake.
•C. City Administrator.
1. Issuance and Sale of Temporary Sanitary Utility Revenue Bonds. City Administrator Talbot requested authorization from the City Council to work with City Bond Counsel and the City's Financial Advisor(s) to issue Temporary Sanitary Sewer Utility Revenue Bonds. According to City Administrator Talbot, the City has entered into three (3) agreements for engineering services regarding the required improvements and betterments to the City sanitary sewer system(s) to meet the needs of the Phase I and Phase II expansions of the Minnesota Sex Offender Program [MSOP]. City Administrator Talbot went on to state that the issuance of these bonds would be temporary in that at the end of their, the bond(s) term, they would be paid off from the proceeds of grants and/or low-interest loans received from the federal or state government(s). City Administrator Talbot concluded by stating that the issuance of these bonds would be used to reimburse the City General Operating Fund for the amounts expended to date and to pay for the design and construction engineering service fees up to and through the bidding process. City Councilor Bill Carlson asked if the same authorization given to City Administrator Talbot regarding the need to issue temporary bonds to finance sanitary sewer engineering costs could be expanded to include Moose Lake Power [Water and Light Commission]. As stated by City Councilor/Commissioner Carlson, the electric utility is in the same position as that of the City where they are required to advance fund the engineering costs until final financing is in order. City Administrator Talbot stated that there would be no problem in doing so given the fact that the electric utility enterprise fund is a City fund, and uses the same bond counsel and financial advisor(s) as does the City of Moose Lake. When asked by City Councilor John Unzen, City Administrator Talbot stated that the Temporary bonds would be issued for two (2) or three (3) years which should be more than enough time to nail down the final forms of financing for both the sanitary sewer and electric utility. There being no further discussion on the matter, a Motion was made by City Councilor John Unzen, with a second to the Motion being made and offered by City Councilor Bill Carlson to authorize the City Administrator to work with Bond Counsel and the City's Financial Advisor(s) to prepare a financing package consisting of the issuance of Temporary Sanitary Sewer and Electric Utility Revenue Bonds to cover engineering services that will be brought back to the City Council for final review and approval prior to issuance. Approved unanimously via voice vote. [4-0].
Unfinished Business.
1. Penalty Provision - City Ordinance Violations
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. Moosehead Lake - Low Water Level(s). City Administrator Talbot reported that he received a brief telephone message from the Mn DNR stating that information had been requested from the Mn DOT, but said information has not been forthcoming. City Administrator Talbot stated that he, Talbot, hoped to have information for review by the City Council at the October Regular Meeting.
New Business.
1. Public Hearing [Continuation] - Evangelical Covenant Church Application for ‘Conditional Use Permit.' [Minutes prepared and presented as separate document]
2. Compliance Monitoring Survey [CMS] Report - Mn Pollution Control Agency. According to City Administrator Talbot, representatives from the Minnesota Pollution Control Agency [MnPCA] toured the sanitary sewer system(s) with City staff and a report of their, the MnPCA, findings is being provided to the City Council. The report delineates a number of issues facing the City, the majority of which have been previously identified and are included as part of the project, program and plan for upgrading and updating the regional sanitary sewer system(s). City Administrator Talbot drew the attention of the Moose Lake City Council to the section denoting that due to the large amount of septage accepted by the City, there may be a need to dredge the ponds, which is quite expensive. City Administrator Talbot concluded by stating that the City Engineer has received a copy of the report, as has the Sewer Plant Operator and to the extent possible the items noted will be corrected as quickly as possible and practical or as part of the comprehensive sanitary sewer rehabilitation and expansion project.
3. Stipulation Agreement and Penalty Assessment - Mn Pollution Control Agency. Mayor Ted Shaw, City Administrator Talbot, City Engineer Greg Stoewer and Sewer Plant Operator and Public Works Supervisor Spencer Skelton met with representatives of the MnPCA regarding a penalty assessment that was being proposed. According to City Administrator Talbot, the penalty being proposed by the MnPCA was almost twelve thousand dollars [$12,000], but after the receipt of information from the City and the City Engineer, the penalty has been substantially reduced. The majority of the fine, Five Thousand Dollars [$5,000] is being assessed because of the numerous breaks to the City Forcemain. Although the City Administrator supplied information that the City did attempt, and no less than four (4) times, to secure funding to replace the faulty line, the MnPCA was adamant that a fine had to be imposed because of discharges into the Moosehead River. When asked what the alternative was to the payment of the penalty under the auspices of the stipulation agreement, City Administrator Talbot stated that the City could refuse to pay the penalty at which time the MnPCA would probably take us to court to resolve the matter and the cost of litigation would end up being more than penalty. Under a Motion being made by City Councilor Bill Carlson, and with a second to the Motion being made by City Councilor Curt Yort, City Administrator Talbot was instructed to accept the Stipulation Agreement and pay the Penalty Assessment in the amount of Six Thousand Three Hundred Dollars [$6,300]. Approved unanimously via voice vote. [4-0].
4. State Demographer - Population and Household Estimate Adjustment(s). The State Demographer took into consideration the information that was provided by the Department of Corrections, Department of Human Services, and the City of Moose Lake and has amended the population and household estimates for the City of Moose Lake. City Administrator Talbot expressed his elation and stated that the projected increase(s) in population and the number of households is important in that they are both component elements in the Local Government Aid [LGA] formula and will impact our future receipt of funding from the State of Minnesota. These numbers are also important when applying for federal and state grant funds. The City Council thanked City Administrator Talbot for his tenacity in ensuring that these important community characteristics were as accurate as possible.
5. 2008 Preliminary General Operating Budget and Property Tax Levy. City Administrator Talbot stated that as part of the Truth In Taxation legislation enacted by the Minnesota State Legislature, the City of Moose Lake, and other taxing jurisdictions, are required to submit their ‘preliminary' property tax levy to the County Auditor by no later than September 15th of each year. From that date, until the date of the Public Hearing, the Administration and the City Council will meet to discuss and prepare the final property tax levy. However, City Administrator Talbot reminded the Mayor and City Councilors that according to the law, the City Council can lower the final tax levy, but they cannot increase it except in special cases authorized under the law. With that being said, City Administrator Talbot walked the City Council through the document that was prepared and presented and stated that the Administration was proposing an increase in the property tax levy of Twenty Five Thousand Dollars [$25,000], which represents an increase of 7.14% over 2007 levels. Mayor Shaw pointed out that while this seems to be a high percentage it will only generate a small amount of money. Mayor Shaw concluded by stating that to hire one (1) additional Police Officer would require a levy increase of approximately eighteen percent [18%]. With that being said, a Motion was made by City Councilor John Unzen, and with a second to the Motion being made and offered by City Councilor Curt Yort, the 2008 Preliminary Property Tax Levy was set at $350,000, an increase of $25,000, over 2007. Approved unanimously via voice vote. [4-0]. City Administrator Talbot stated that in addition to setting the Preliminary Property Tax Levy, the City Council was required to select and certify the day, date and time of the Truth In Taxation Public Hearing. City Administrator Talbot suggested that the Public Hearing be held on Wednesday, December 12, 2007, at 5:30 p.m., and that the date for a Continuation Public Hearing, if one is needed, would be set for Wednesday, December 19, 2007, at 5:30 p.m. There being no further discussion on the matter of the Truth in Taxation Public Hearing, a Motion was made by City Councilor Curt Yort, and a second to the Motion was introduced by City Councilor Bill Carlson to hold the requisite Public Hearing(s) on the day, date and time recommended by City Administrator Talbot. Approved unanimously via voice vote. [4-0].
6. ‘Florian Chmielewski Appreciation' Day Celebration. In case anyone missed the posters and flyers that are placed throughout the area, posted on the Public Access Cable Television Channel or printed in both of the regional newspapers, Mayor Ted Shaw extended an invitation to the Moose Lake City Council, those in attendance in Chambers and those viewing the proceedings to come to ‘Florian Chmielewski Appreciation Day' which will be held on Saturday, September 29, 2007, between the hours of 1:00 p.m., to 4:00 p.m. The event will be held on Elm Avenue, but in the event inclement weather is imminent, the event will be re-located to Riverside Arena.
7. Wastewater Treatment System - Septage Hauling and Dumping Fees. The City Council reviewed the correspondence received from the City Engineer regarding this matter. City Administrator Talbot stated that he has had several conversations with representatives from the MnPCA regarding the impact that the large volume of septage has on the City's main liftstation, forcemain and sedimentation ponds. The volume of septage has increased over the years and has reached the point where it is, or should be, a concern to the City. According to City Administrator Talbot, many municipalities do not even accept septage in any amounts, the closest example of which is the City of Barnum. The City Council engaged in a protracted discussion on this matter and the charges that are presently being assessed to septage haulers, but the City Council was somewhat reluctant in just discontinuing the acceptance of septage. It appears that there is a consensus on the City Council that the rates need to be increased, however, there is still a question as to whether or not the City should accept any more septage. The City Administrator was asked to contact the City Engineer to get additional information on the cost of dredging the ponds and to get a recommendation from the City Engineer as to whether the City should discontinue its, the City's, acceptance of septage or restrict the amount that we will accept. City Administrator Talbot stated that he would contact the City Engineer and get back to the City Council in October.
“ Communications. None.
Announcements.
Mayor Ted Shaw reported that the next Regular Meeting of the Moose Lake City Council would be held on Wednesday, October 10, 2007, 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, September 25, 2007, at 5:30 p.m., if a meeting is needed . In addition to the foregoing, Mayor Ted Shaw stated that there are three (3) additional meetings which were delineated as follows: a Joint Informational Meeting of the Moose Lake City Council and Moose Lake Town Board of Supervisors regarding the Orderly Annexation of the Keith Property and State Lands for the MSOP Expansion Project, with this meeting being held on Monday, September 17, 2007, @ 5:00 p.m.; a Special Meeting of the Moose Lake City Council and Moose Lake Planning Commission regarding an Amendment to City Zoning Ordinance, Ordinance No 104 and the Official Zoning Map pertaining to the Orderly Annexation of the Keith Property and State Lands for the MSOP Expansion Project will also be held on Monday, September 17, 2007, @ 6:00 p.m.; and finally, a Public Hearing will also be held by the Moose Lake City Council and Moose Lake Planning Commission regarding the Amendment to the City Zoning Ordinance and Zoning Map pertaining to the Orderly Annexation of the Keith Property and State Lands for the MSOP Expansion Project, on Monday, September 17, 2007, @ 6:00 p.m. All of the aforementioned meetings will be held in the City Council/Town Board Chambers of 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 September 12, 2007, Regular Meeting of the Moose Lake City Council. A Motion to Adjourn was introduced by City Councilor Curt Yort, and a second to the Motion to Adjourn was made and offered by City Councilor John Unzen. Meeting adjourned by Mayor Ted Shaw .
Respectfully submitted,
David R. Talbot, Jr.
City Administrator