Proctor Journal

City of Proctor, Minnesota

Monday, February 5, 2007

6:00 p.m., Council Chambers, Community Center

100 Pionk Drive

MEMBERS PRESENT: Councilors Dave Brenna, Troy Foucault, Erica Hom, Tom Lavato, Mayor Stephen Anderson

Others in attendance included John Foschi, City Administrator; John Bray, City Attorney; Phyllis Hom; Kathy Martin; Jim Schulzetenberg, City Accountant; Dirk Little.

The following motions were approved:

Motion by Lavato, seconded by Foucault and carried: To approve the January 16, 2007 Proctor City Council regular meeting minutes. M-42-07-401

Motion by Lavato, seconded by Hom and carried: To approve the agenda. M-43-07-401

Motion by Foucault, seconded by Brenna and carried: To suspend the agenda at 6:04 p.m. to take input from the audience (agenda items 7.F. and 4.B.). M-44-07-401

Motion by Hom, seconded by Foucault and carried: To approve consent agenda items as listed under 1. Communications; 3. Clerk Advises Council and 4. Committee Reports and the following action items: M-45-07-401

• 3.A. Government Fund payroll period ended January 21, 2007 in the amount of $36,300.72; and Liquor Fund payroll period ended January 21, 2007 in the amount of $2,883.98

• 4.A. January 18, 2007 Proctor Economic Development Authority meeting minutes

• 4.C. Approved appointing Tracy Mahrer to the Street Committee

• 4.D. January 23, 2007 Comp Plan Group meeting minutes

Motion by Lavato, seconded by Foucault and carried: To approve the January 22, 2007 Planning & Zoning Commission meeting minutes. M_46-07-401

Motion by Hom, seconded by Brenna and carried: To approve Planning & Zoning Commission’s recommendation to rezone Westgate Boulevard lands from R-3 to C-2 (common property description: property is west of 9403 Westgate Boulevard’s western property line [Oculus building project] westerly to Ugstad Road and bounded on the north side by the southern boundary of parcel 185-0240-00900 then its westerly boundary and then the southern boundary of the Minnesota Power line property to Ugstad Road). M-47-07-401

Motion by Lavato, seconded by Brenna and carried: To approve (as recommended by the Planning & Zoning Commission) the following 2007 home occupation renewals - His N Hers Hair Affair; Hair Fashions by Carol; Lorraine Erkkila’s Hair Design; Bill’s Gun Repair; Dana Caroll’s, Inc.; Lindsey Ruhnke; Birch Hill Kennels. M-48-07-401

Motion by Anderson, seconded by Foucault and carried: To deny a home occupation permit for a used car lot at 124 First Avenue based on findings in City letter dated January 23, 2007 and on file at City Hall. (This is in an R-2 zone and use proposed is a C-1 use.) M-49-07-401

Motion by Lavato, seconded by Brenna and carried: To direct City Attorney to draft a City ordinance to require knox boxes to be installed in all commercial/ residential/multiple building dwellings. M-50-07-401

Motion by Lavato, seconded by Hom and carried: To approve the January 18, 2007 Public Safety Committee meeting minutes (noting Chief is a voting member). M-51-07-401

Motion by Lavato, seconded by Hom and carried: To appoint Tom Foucault to the Proctor Public Safety Committee. Councilor Foucault - abstained. M-52-07-401

Motion by Lavato, seconded by Foucault and carried: To appoint ISD #704 representatives for the Comprehensive Plan Group as Liz Asanovich, Larry Shelton and Mike Leiste; and for the Tourism Committee appoint Liz Asanovich and Larry Shelton, alternate. M-53-07-401

Motion by Brenna, seconded by Foucault and carried: To accept sewer mains for Diamond Willow Phase I & II (8” lines only in old Highway 2 right-of-way). M-54-07-401

Motion by Foucault, seconded by Hom and carried: To approve the 2007 Dr. T contract for the 2007 Watershed Festival. M-55-07-401

Motion by Lavato, seconded by Hom and carried: To approve a two-year contract with Corvel for workers compensation managed care. M-56-07-401

Motion by Brenna, seconded by Lavato and carried: To appoint Lowell Harnell as commissioner on the Planning & Zoning Commission. M-57-07-401

Motion by Anderson, seconded by Brenna and carried: To amend Rich Borg’s appointment to the Proctor Economic Development Authority to be effective upon issuance of a Certificate of Completion for his Private Development Agreement. M-58-07-401

Motion by Brenna, seconded by Lavato and carried: That Police Chief bring firm numbers for the purchase of a 4 X 4 (outfitted) and a new squad car (with all outfitting costs) to the next regularly scheduled Council meeting. M-59-07-401

Motion by Lavato, seconded by Brenna and carried: To approve the General Fund bills in the amounts of $39,651.46 (2006) and $59,221.77 (2007); and Liquor Fund bills in the amounts of $300.00 (2006) and $30,160.15 (2007). Roll call vote: Councilors Brenna - yes, Foucault - yes, Hom - yes, Lavato - yes, Mayor Anderson - yes. M-60-07-401, 481

Motion by Foucault, seconded by Hom and carried: To adjourn the meeting at 8:59 p.m. M-61-07-401

The following Resolutions were adopted:

Resolution No. 02-07, The Northshore Express Inter-City Passenger Rail Initiative

Resolution No. 03-07, Proposing Legislation To Increase Local Sales & Use Tax To 1% And Expand Its Use For The City Of Proctor (the proceeds of this extra 1/2% tax would be used for the following exclusive purposes: (capital improvement projects as per Proctor’s Long Range Capital Improvements Program) • streets; • public utilities (water, sewer - sanitary & storm, electric); • sidewalks; • bikeways, matching funds for trails; • parks & recreation

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. 01-07

Proposed Amendment to

Proctor City Code

§401.05, Subd. 2-6 Building Sewers and Connections

Proctor City Code §401.05, Subd. 2-6 Building Sewers and Connections is hereby amended as follows:

Subd. 2. Classes of Connections. There shall be three classes of building sewer connection permits: (1) for users discharging domestic strength wastewater to sanitary sewers; (2) for users discharging non-domestic strength wastewater to sanitary sewers; and (3) for discharge of storm water or other unpolluted drainage to storm sewers. In all cases, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City Engineer or Working Street Foreman. A permit and inspection fee sufficient to defray the cost incidental to the processing of such connection permit including the cost of inspection of connection for each such class, shall be established by resolution of the City Council and shall be paid to the City at the time the application is filed.

Subd. 3. Costs. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

Subd. 4. System Capacity. No building sewer connection permit shall be issued unless the City Engineer or Working Street Foreman first determines that all City and WLSSD wastewater facilities have sufficient capacity to accommodate the flow and load to be discharged as a result of such connection.

Subd. 5. Separate Connections. A separate and independent building sewer shall be provided for every building; except where an existing building stands at the rear of another and no separate sewer has been constructed therefore, such building may continue to be connected to the building sewer of the front building and the whole considered as one building sewer. The City shall have no obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

Subd. 6. Old Sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Engineer or Working Street Foreman, to meet all requirements of this Ordinance.

Underline indicates additions; strikeout indicates deletions.

This ordinance is effective upon Council action to approve at a Second Reading as published in the official newspaper of the City.

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. - Mar. 8, 2007