Proctor Journal

Monday, December 17, 2007

6:10 p.m., Community Center, Council Chambers

100 Pionk Drive

Mayor Anderson called the meeting to order at 6:10 p.m.

MEMBERS PRESENT:

Councilors Dave Brenna; Erica Hom; Troy Foucault; Tom Lavato; Mayor Stephen Anderson

Others in attendance included John Foschi, City Administrator; John Bray, City Attorney; Jake Benson; Walter Wobig, Police Chief; Ann Marie Wobig; Doug Bolander, Proctor Police Officer; Jesse Evjen, Proctor Police Officer; Kielo Evjen; Holdyn & Hayden Evjen; Donna Evjen; Les Evjen; Lori Anderson; Chad Goad; Ron Rushmeyer; Linnea Wiita; Deb Bolander; Kathy Harjui; Rocky Harjui; Mitzi Francisco.

The following motions were approved:

Motion by Hom, seconded by Brenna and carried: To approve the December 3, 2007 2008 Special City Council Truth In Taxation Public Hearing meeting minutes; December 3, 2007 Proctor City Council regular meeting minutes; November 13, 2007 Public Utilities Commission regular meeting minutes; PUC Income Statement period ended October 31, 2007 and acknowledge the Proctor Public Utilities Commission 2008 budget. M-384-07-401

Motion by Hom, seconded by Foucault and carried: To approve the amended agenda to include the following attachments - 4.B. PTC budget revision; 4.C. K-Payne LLC Local Tax Abatement Resolution (just for a first look); 6.D. LMCIT’s 2007 Dividend; 7.A. Meeting time for Proctor Civil Service Commission changed to 6:30 p.m., December 20th. M-385-07-401

Motion by Lavato, seconded by Brenna and carried: At 6:13 p.m. suspend the regular meeting agenda to go to the audience (7.A. Police Officer’s Awards Presentation). M-386-07-401

Motion by Hom, seconded by Foucault and carried: To approve consent agenda items as listed under 1. Communications; 3. Clerk Advises Council; 4. Committee Reports, removing agenda item 1.E. Proctor connection to Munger Trail grant applications. Lake Superior Coastal Waters grant application for engineering design services; ATP Enhancements Grant application for construction and 4.A. December 11, 2007 Liquor Control Committee meeting minutes. M-387-07-401

3.A. To approve the Government Fund payroll period ended December 9, 2007 in the amount of $42,501.23; and the Liquor Fund payroll period ended December 9, 2007 in the amount of $2,988.93.

4.B. To accept the December 11, 2007 PTC meeting minutes.

4.B. To approve the 2008 Marketing Consultant agreement

4.B. To accept the recommendation for PTC department budget change, which is an increase of $1,600 to come from fund balance for a total 2008 expenditure budget of $50,000

Motion by Lavato, seconded by Foucault and carried: To accept the December 11, 2007 Liquor Control Committee meeting minutes. M-388-07-401

Motion by Lavato, seconded by Foucault and carried: To approve the 2008 liquor license renewals as presented to Council contingent upon the incomplete applications being completed and approved as complete by Police Department and City Administrator, listed as: M-389-07-401

• On-Sale Intoxicating liquor licenses for the Pit Stop Bar, Tailgate Bar, Powerhouse Bar, Keyboard Lounge, Blackwood’s Bar & Grill

• Club On-Sale liquor license for the Moose Lodge 1302

• 3.2 Off-Sale liquor license for the Holiday Stationstores

• 3.2 Non-Intoxicating On-Sale liquor licenses for the Proctor Golf Course and Railway Pizzeria.

Motion by Foucault, seconded by Lavato and carried: To approve the October 2007 Liquor Fund Income Statement. M-390-07-401

Motion by Lavato, seconded by Foucault and carried: To adopt the 2008 Government Fund Budgets with Revenues totaling $3,694,134.94; Expenditures totaling $4,229,937.92 and 2008 Levy totaling $815,041.00. M-391-07-401

Motion by Lavato, seconded by Brenna and carried: To enter into a contract with Friends Of Animals, Humane Society of Carlton County for animal control work. M-392-07-401

Motion by Brenna, seconded by Hom and carried: To enter into an animal control contract with Duluth as a second provider for Proctor’s animal shelter (contract to be reviewed/approved by City Attorney and City Administrator). M-393-07-401

Motion by Lavato, seconded by Brenna and carried: To approve 2008 towing permit application for Troy’s Amoco. M-394-07-401

Motion by Hom, seconded by Brenna and carried: To approve hiring a labor attorney for a specific Proctor Civil Service Commission matter. M-395-07-401

Motion by Hom, seconded by Brenna and carried: To accept Police Chief Wobig’s recommendation to transfer the animal control work over to the police officers from the current animal control officer thus removing that position. Councilor Foucault: abstained. M-396-07-401

Motion by Hom, seconded by Brenna and carried: To authorize the City Administrator and Police Chief to accept departmental gifts from a local business for use by those departments. M-397-07-401

Motion by Lavato, seconded by Brenna and carried: To approve the Government fund bills listing in the amount of $30,078.86 and the Liquor Funds bills listing in the amount of $25,314.34. Roll call vote: Councilor Brenna: yes; Foucault: yes; Hom: yes; Lavato: yes; Mayor Anderson: yes. M-398-07-401, 481

Motion by Lavato, seconded by Hom and carried: At 7:08 p.m. to go into a closed session following the advice of City Attorney to discuss agenda item 8.B. Preliminary contract negotiations discussions. M-399-07-401

Motion by Lavato, seconded by Hom and carried: To re-open the Council meeting at 7:34 p.m. M-400-07-401

Motion by Lavato, seconded by Hom and carried: To set a special City Council meeting for Thursday, January 3, 2008, 6:00 p.m. to discuss all City individual employment contracts and work performance evaluation issues, plus to discuss City Code as it relates to the City Personnel Committee and its role in the disciplinary process and other business as deemed necessary. M-401-07-401

Motion by Brenna, seconded by Foucault and carried: To adjourn the meeting at 7:37 p.m. M-402-07-401

A First Reading was held on the following ordinance with the Second Reading to be enacted (at which time Council will vote to adopt or not adopt these ordinance changes) at the next regularly scheduled meeting after its publication:

Ordinance No. 08-07

Proposed Amendment to Proctor City Code

‘702.04, Subd. 3(c).3.2 Beer: Non-intoxicating Malt Liquor; Security

Subd. 2. Fees.

(c) Intoxicating Liquor.

(I) “Off-Sale.” There shall be no “off-sale” intoxicating liquor licenses issued by the City of Proctor.

(ii) “On-Sale.” The annual fee for an “on-sale” license shall be as set forth in the City Schedule of Charges and Fees.

(iii) “Temporary.” The fee for a “temporary” license shall be as set forth in the City Schedule of Charges and Fees.

(d) Club Licenses.

(I) “On-Sale.” The annual fee for an “on-sale” club license shall be as set forth in the City Schedule of Charges and Fees. This license fee shall be in addition to any permit fee charged by the Commission of Public Safety.

(ii) “Off-Sale.” No “off-sale” club licenses shall be issued by the City of Proctor.

(iii) One-Day “On-Sale.” The license fee for a one-day “on-sale” club license issued under this chapter shall be as set forth in the City Schedule of Charges and Fees.

(iv) Sunday “On-Sale.” Sunday “on-sale” liquor licenses may be granted by the City Council as per this chapter. The annual fee for Sunday “on-sale” licenses for restaurants, hotels, and private clubs holding regular “on-sale” or club licenses shall be as set forth in the City Schedule of Charges and Fees.

Subd. 3. Application Process.

(a) Payment of Fee. Each application for a license issued pursuant to this chapter shall be accompanied by a certified check or money order for at least one-half of the license fee. In the event that the applicant pays only one-half of the license fee at the time of making said application, the other one-half of the fee shall be paid no later than June 1 of that year. All fees shall be paid into the general fund. If a license is rejected, a full refund of the fee shall be made.

(b) Pro Rata Fee. Every license except a temporary license is issued for a period of one year and license shall expire on the 1st day of January or July, in the event that the second half of the license fee has not been paid for that year issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific date on which a special event to which the sale in incident is being held, and such date shall be stated on the license.

Underline indicates additions; strikeout indicates deletions.

A Second Reading was held on the following:

Ordinance No. 06-07, Proposed Amendment to Proctor City Code Chapter 302, Local Improvement and Assessment Policy (changed the standard size water main from 6” to 8”)

The foregoing is only a summary of the proceedings of the regular City Council meeting described above.

The complete minutes of such meeting are available in the office of the City Administrator during regular business hours of the City.

John M. Foschi

City Administrator

P.J. – Jan. 17, 2008