MINUTES
Regular City Council Meeting
1 Call to Order. Mayor Ted Shaw called the Wednesday, November 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, Curt Yort and Beth Virden. City Councilors absent: None. 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 Beth Virden, the Agenda, was approved unanimously via voice vote. [5-0].
2 Minutes. Mayor Shaw reported that the Official Minutes from the October 14, 2009, 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 Agenda also contained the Minutes from a Special Meetings of the Moose Lake Power [Water and Light] Commission that were held on October 19, 2009. Minutes from the Regular Meeting of the Moose Lake Area Fire Protection District held on September 08, 2009, and Minutes from the Regular Meeting of the Moose Lake Area Park Board held on October 12, 2009, have been received and are included for informational purposes. Finally, Mayor Shaw stated that the Minutes from the September 14, 2009, Public Hearing and Special Meeting of the Moose Lake City Council regarding the 2010 Preliminary Property Tax Levy and City Council Candidate Interviews is marked ‘to come’ and will be prepared and provided at a later date. A Motion was made by City Councilor Curt Yort, and with a second to the Motion being made and introduced by City Councilor Bill Carlson, the aforementioned delineated Minutes were approved, if and when required. Approved unanimously via voice vote. [5-0].
3 Consent Agenda Adoption. Mayor Shaw offered the adoption of the Consent Agenda for the Wednesday, November 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 November, and the Financial Statements and the Municipal Liquor Store - Profit and Loss Statement for the month of October. Under a Motion made by City Councilor Beth Virden, 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 of the Moose Lake City Council. [5-0].
4 Petitions, Complaints and Presentation of Claims.
1. Private Driveway[s] Block 38 - Mr. Wayne Peterson. City Administrator Talbot acknowledged for the public record that the City of Moose Lake is in possession of a correspondence from a local attorney on behalf of Mr. Wayne Peterson regarding the ‘private driveway’ behind Peterson Drug. Mr. Peterson was present in the audience but did not request to speak. In the correspondence there is an assertion by Mr. Peterson that two [2] property owners were considering the placement of a security gate which would prohibit passage through the private drive area behind the buildings. City Administrator went on to state that the correspondence expresses the concern of Mr. Peterson that this gate or security fence would impede the passage of fire rescue and law enforcement vehicles. City Administrator Talbot stated that he concurred with the concerns of Mr. Peterson and he, Talbot, spoke with the two [2] property owners who stated that they had no intentions of erecting a gate or security fence. With that, City Administrator Talbot stated that there is not an issue and there is no need for any formal action of the Moose Lake City Council.
5 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 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. Acquisition and Placement of ATV Signage. City Administrator Talbot distributed copies of the signage that has been developed to prohibit the operation of ATV’s in the public right of way within the City. City Administrator Talbot, along with Police Chief Dale Heaton and Mr. Stan Jensen met with a representative from the snowmobile club and determined that something needed to be done to ensure the safety of ATV users and to minimize damage to public and private property. With those objectives in mind, it was determined that the shoulder of the roadway would be utilized to reduce damage to the right of way. City Administrator Talbot concluded by stating that the signs have been ordered and will be placed as soon as possible and practical.
6 Unfinished Business.
1. City Personnel Policy. [no action taken]
2. Moose Lake GIS Project. [no action taken]
7 New Business.
1. Request for Donation - Post Prom Committee [$300]. Mayor Shaw reported that the City is in receipt of a request for a donation from the 2010 Post Prom Committee. City Administrator Talbot reported that the City has historically supported this important event and the last donation made was in the amount of $300. With a Motion being made by City Councilor Beth Virden, and with a second to the Motion being made and offered by City Councilor Curt Yort, the donation in the amount of $300, was approved unanimously via voice vote of the Moose Lake City Council. [[5-0].
2. Moose Lake Community Playground Project Update. Color renditions of the playground equipment that has been ordered were distributed as part of the City Council Agenda packet. Along with the photo, City Administrator Talbot commented on the financial statement that was also included and requested that the Moose Lake City Council authorize the Administration to advance fund up to twenty-five hundred dollars [$2,500], if it is needed, which would allow the playground equipment to be ordered and installed. Members of the Moose Lake City Council expressed their surprise that the committee was able to raise the amount of funds that it has in a relative short period of time. Based upon the recommendation of City Administrator Talbot. City Administrator Kris Huso introduced a Motion to approve the use of $2,500, if needed, to secure acquisition and placement of the playground equipment. City Councilor Beth Virden offered a second to the Motion, and the matter was unanimously approved by voice vote of the Moose Lake City Council. [5-0].
3. MnPCA - Compliance Evaluation Inspection. Mayor Ted Shaw introduced the correspondence that he, Mayor Shaw, received from the Mn Pollution Control Agency. Mayor Shaw commented that it was nice to receive a correspondence from the MnPCA that was not assessing a fine or fees, but rather contained information of a positive nature regarding the operation of the City’s Sanitary Sewer system[s]. Mayor Shaw concluded by commending staff for their effort[s] in that no violations of the terms and conditions set forth in the National Pollutant Discharge Elimination System were noted. This item is informational only and does not require any formal action by the Moose Lake City Council.
4. Wastewater Treatment Facility Improvements - Change Order #1. This Change Order is the first for the Wastewater Treatment System Facility improvements and relates to differences in quantities used versus quantities noted on the original plans and also includes a reduction in that the coating of one of the structures was not required. The actual amount of Change Order No 1, is $4,980.46. City Administrator Talbot reported that with the approval of this Change Order, all of the issues with gates and valves will be remedied, City Councilor Curt Yort introduced a Motion to accept Change Order No 1, relative to the Wastewater Treatment [pond] system[s] in the amount of $4,980.46. A second to the Motion made by City Council Yort was made by City Councilor Bill Carlson. The Motion was approved by unanimous voice vote of the Moose Lake City Council. [5-0].
5. Mediacom - Request for Franchise Renewal Proceedings to Commence. In a certified letter dated October 20, 2009, Mediacom, the cable television provider within the City of Moose Lake, has requested that we, the City, engage in informal negotiations with Mediacom. According to City Councilor Bill Carlson, commented that informal negotiations was the preferable course of action in that if no agreement is reached between the two [2] parties, a formal process, which is quite lengthy and costly, must be pursued. City Councilor Bill Carlson went on to comment about a number and variety of issues that the City has been attempting to resolve for many years. Carlson went on to say that it was his, Carlson’s, opinion that to ensure that the City receives an appropriate response to these items, professional assistance needs to be acquired. City Councilor Carlson requested that the City Council authorize City Administrator Talbot to engage the services of Mr. Bob Vose, of Kennedy and Graven, Chartered. City Administrator Talbot reported that Mr. Vose has worked with City Councilor Bill Carlson and Talbot, and therefore, he, Talbot, concurred with City Councilor Carlson that expert assistance was needed given the complexity of the telecommunications laws. City Councilor Beth Virden introduced a Motion authorizing City Administrator Talbot to retain legal counsel for the City, and with a second to the Motion being made and offered for consideration and discussion by City Councilor Curt Yort, the Motion was approved by unanimous vote of the Moose Lake City Council. [5-0].
6. Moose Lake Public Computer Center - Broadband Technology Opportunity Program Grant Application - Executive Summary. City Councilor Bill Carlson introduced a document outlining the scope and objectives to be accomplished if the City and Moose Lake Power [Water and Light] Commission are successful with the application to be submitted to the federal government. Mayor Shaw and members of the Moose Lake City Council thanked City Councilor Bill Carlson for his time and effort in preparing the document and for the time and energy he has brought in regard to this important grant application. City Councilor Bill Carlson concluded by stating that the document was presented for information and therefore, there was no formal action required of the Moose Lake City Council.
7. Ordinance No 151 - Amending Fee Schedule for 2009. City Administrator Talbot reported that adoption of Ordinance No 151 was normally done as part of the annual reorganizational meeting, however, due to a number of changes delineated therein pertaining to the operations of the City’s Public Utilities, it was determined that formal action needed to be taken. Under a Motion introduced by City Councilor Kris Huso, and with a second to the Motion being made and offered for consideration and discussion by City Councilor Beth Virden, the Motion carried by a unanimous voice vote of the Moose Lake City Council. [5-0].
8. Moose Lake Evangelical Covenant Church - Fire Suppression System Issue[s]. A substantial number of documents relating to the fire suppression system installed by the Moose Lake Evangelical Covenant Church were presented as part of the Agenda packet. Mayor Shaw stated that the church is presenting a claim stating that the City of Moose Lake is at fault for the failure of the church to use the new addition because the fire suppression system appears to be inadequate. According to City Administrator Talbot, several thousand dollars have been expended by the City to ensure that it is not a problem with the City system. The church has advanced a settlement proposal whereby the church, City and the Architect would each pay one-third of the cost of solving the problem. With all due respect, it is the opinion of the City that there is no liability, and therefore, there is no need to settle or pay any amount of the cost to make the necessary repairs. City Administrator Talbot concluded by stating that the claim has been submitted to legal counsel and the League of Minnesota Cities Insurance Trust Fund for resolution. City Councilor Kris Huso moved, and City Councilor Beth Virden seconded a Motion to authorize the City Attorney and the League to handle this matter, and further gave City Administrator Talbot authorization to assist with the claim.
9. City Ordinance[s] - Amending Penalty Provisions [seven (7) enclosures]. As stated and delineated within the body of the Agenda, there are seven [7] City Ordinances that have been prepared to modify the Ordinance to bring it into compliance with the guidelines contained in Minnesota State Statute. City Administrator Talbot stated that these are ‘housekeeping’ matters and the City Attorney and Talbot are working on amending all City Ordinances to bring them. The City Ordinances, into compliance. This is the first batch of those City of Moose Lake Ordinances that need to be amended, with the rest to follow. Under a Motion being made by City Council Bill Carlson and with a second to the Motion being made and offered for discussion and consideration, the approval for the amendment of the subject City Ordinances was approved via voice vote of the Moose Lake City Council. [5-0].
10. Purchase Agreement - TF Anderson Properties, LLC. At the July 20, 2009, Regular Meeting of the Moose Lake Power [Water and Light] Commission, an action was taken by the Commission Board of Directors to sell a portion of a piece of property to TF Anderson Properties, LLC. When this matter was brought to the attention of City Administrator Talbot, Talbot informed Mr. Anderson and the Office Manager for the Commission that the Commission did not have the authority to sell land to Mr. Anderson that they, the Commission, did not own. All property, buildings and equipment related to the operation of the Municipal Electric Utility Enterprise of the City of Moose Lake is in fact owned by the City of Moose Lake, and cannot be sold, sectioned or gifted without the express written consent by the Moose Lake City Council. The Mayor, City Council and City Administrator Talbot then engaged in a lengthy discussion and dialogue about the sale of the property, easement matters and issues related to the ‘public right of way’ adjacent to the Anderson project. With that, City Administrator Talbot was directed and authorized to work with the City Surveyor and other professionals to arrive at a solution for the sale of the requested parcel and to ensure that all of the requisite easements were determined and recorded. City Administrator concluded by stating that at this time, the materials received are informational in nature and therefore, no formal action of the Moose Lake City Council is required at this time.
8 Communications.
1. Ehlers Market Commentary. The City’s Financial Advisor[s] have submitted a report and commentary regarding the Municipal Bond Market developments that have transpired over the last twelve [12] months. 2. Moose Lake Campground - Seasonal Patron Correspondence. A correspondence has been received by the City Administrator in response to a letter that was sent to all seasonal campground site holders that the policy and practices of the Moose Lake Campground have changed. In the correspondence, the seasonal camper presents several comments and ideas for improvements. The City Administrator has forwarded this correspondence to the Moose Lake Area Park Board for consideration and a response to the sender. 3. Water Tower Lease Agreement - Verizon Wireless. City Administrator Talbot reported on his, Talbot’s, conversation with a representative from Verizon Wireless regarding the proposed water tower lease agreement. According to Verizon, they, Verizon, are not in a position to proceed at this time. City Administrator Talbot stated that they, Verizon, asked for an ‘open ended’ lease and City Administrator Talbot informed them that an open ended lease would not be acceptable. 4. Thank you card - Family of David Talbot, Sr. The Mayor and City Councilors received a thank you card from the family of David R. Talbot, Sr., regarding the floral arrangement that was received by the family. City Administrator Talbot thanked the Mayor and City Councilors for their care and concern during his, Talbots’, mourning the passing of his father. 5. ‘The Advisor’ Newsletter - Ehlers and Associates. City Councilors received the quarterly informational publication prepared and submitted by the City’s Financial Advisor, Ehlers and Associates. City Administrator encouraged the Mayor and City Councilors to review the publication in that it always contains useful and informative articles about a myriad of financial matter facing local units of government. 6. Mercy Hospital and Healthcare Center - Nursing Home and Assisted Living Sale Update. The City is in receipt of a correspondence from the CEO of the Mercy Hospital and Healthcare Center concerning the proposed sale of the nursing home and assisted living facilities to Augustana Care Corporation of Minneapolis. City Councilor Yort requested that City Administrator Talbot contact Mr. Douglas, the CEO, and ask that he, Douglas, attend a future City Council meeting to provide any additional information that he, Douglas, has, or to answer any questions that the members of the City Council may have. 7. 2009 Rural Hospital Flexibility Grant Application - Mercy Hospital. City Administrator Talbot commented on the correspondence that was prepared and submitted on behalf of the Mayor and Moose Lake City Council regarding an application of Mercy Hospital and Healthcare Center and their, the hospitals’ application for a Rural Hospital Flexibility Grant. 8. City Insurance Agent - Health Care Legislation Impact [moved from Reports of Officers]. The Insurance Agent for the City sent a summary of the impact that the proposed healthcare legislation. 9. Municipal Liquor Store Memorabilia - Silent Auction. A silent auction will be held to sell off all of the lights and other memorabilia that has been stored by the City for several years. The auction will be held in the City Council/Town Board Chambers located at the Moose Lake Civic and Community Center on Saturday, November 21, 2009, from 9:00 a.m., to 2:00 p.m., at which time, high bidders will be determine and transactions will be completed regarding the sale of these items. 10. U.S. Corps of Engineers - Sanitary Sewer Project Grant Denial. The City of Moose Lake is in receipt of a correspondence dated November 12, 2009, that the City’s application for a grant to assist with the financing of the Sanitary Sewer Collection and Treatment program and plan was rejected, and therefore, the City will not be receiving any grant funds from the Army Corps of Engineers.
9 Announcements.
Mayor Shaw reported that the next Regular Meeting of the Moose Lake City Council would be held on Wednesday, December 09, 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, November 24, 2009, at 5:00 p.m., if a meeting is needed.
Mayor Ted Shaw requested that City Administrator Talbot set up a Special Meeting date with members of the City Council so that they, the City Council, could meet with Talbot in Closed Session regarding employee contract negotiations and the City Administrator’s contract proposal. City Administrator Talbot stated that he would poll the members of the Moose Lake City Council by email, and a day, date and time would be established and then a confirmation email would be sent.
10 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, November 18, 2009, Regular Meeting of the Moose Lake City Council. A Motion to Adjourn was introduced by City Councilor Kris Huso, and a second to the Motion to Adjourn was made and offered by City Councilor Beth Virden. Meeting adjourned by Mayor Ted Shaw.
Respectfully submitted,
David R. Talbot, Jr.
City Administrator