Proctor Journal

Monday, August 20, 2007

7:07 p.m. (immediately following completion of the 6:00 p.m. Third Avenue Public Informational meeting)

Mayor Anderson called the meeting to order at 7:07 p.m.

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; Walter Wobig, Police Chief; George Eilertson, Northland Securities; John Benson, Fire Chief; Phyllis Hom; Dick Kieren; Gerry Jones.

The following motions were approved:

Motion by Lavato, seconded by Foucault and carried: To approve the August 6, 2007 Proctor City Council regular meeting minutes (with a correction to agenda item 8.B. to read, City Attorney said Foucault should not vote); the July 9, 2007 Public Utilities Commission meeting minutes; and the PUC Income Statement for period ended May 31, 2007. M-269-07-401

Motion by Lavato, seconded by Hom and carried: To approve the agenda as presented in packets. M-270-07-401

Motion by Hom, seconded by Brenna and carried: To suspend the regular meeting agenda at 7:09 p.m. to go to the audience. M-271-07-401

Motion by Lavato, seconded by Hom and carried: To approve consent agenda items as listed under 1. Communications; 3: Clerk Advises Council; 4. Committee Reports and the following are consent agenda action items (items pulled off consent agenda for individual discussions are 4.A. August 16, 2007 Proctor Economic Development Authority meeting minutes). M-272-07-401

1.D. To accept the Animal Control Officer Reports for June & July 2007

3.A. To approve the Government Fund payroll period ending August 5, 2007 in the amount of $35,489.44; and the Liquor Fund payroll period ending August 5, 2007 in the amount of $3,253.92

Motion by Brenna, seconded by Hom and carried: To approve Drainage Agreement for Lots 19 & 20, Block 27, Townsite Addition to Proctor (for construction of a French drain system) given the three corrections noted by Council (and listed in meeting minutes) are made. Mayor Anderson: abstained. M-273-07-401

Motion by Lavato, seconded by Brenna and carried: To not participate in the third year (2007) of McGladrey & Pullen’s audit proposal (years’ 2005, 2006, 2007). M-274-07-401

Motion by Lavato, seconded by Hom and carried: To Motion by Lavato, seconded by Hom and carried: To appoint Eickell & Schilling accepting their three-year bid proposal for City of Proctor’s audit services as follows (contingent upon PUC’s approval): M-275-07-401

2007: City - $15,300; PUC - $2,900; Fire Relief - $1,620; Total - $19,820

2008: City - $15,700; PUC - $2,975; Fire Relief - $1,645; Total - $20,320

2009: City - $16,100; PUC - $3,075; Fire Relief - $1,675; Total - $20,850

Motion by Lavato, seconded by Foucault and carried: To approve the 2007 $420,000 General Obligation Equipment Certificates of Indebtedness Financial Advisor Agreement as presented in Council packets and on file at City Hall. M-276-07-401

Motion by Lavato, seconded by Foucault and carried: To elect to participate in the LUCA United States Department of Commerce 2010 census program. M-277-07-401

Motion by Lavato, seconded by Brenna and carried: To enter into renegotiations with Midway for an extension of the fire agreement starting with 3% increases for now. M-278-07-401

Motion by Hom, seconded by Brenna and carried: To ask City Attorney to look at an alternative to LMC for providing management training services. Councilor Foucault: abstained. M-279-07-401

Motion by Lavato, seconded by Brenna and carried: To approve the General Fund bills listing in the amount of $47,545.97 and the Liquor Fund bills listing in the amount of $38,158.16. Roll call vote: Councilor Brenna: yes; Foucault: yes; Hom: yes; Lavato: yes; Mayor Anderson: yes. M-280-07-401, 481

Motion by Lavato, seconded by Hom and carried: to close the meeting at 9:14 p.m. to discuss agenda item 8.D. Nuisance properties - structures without City permits, i.e. Railway Pizzeria and owners response - for pending litigation based on this owners correspondence. M-281-07-401

Motion by Lavato, seconded by Brenna and carried: At 9:23 p.m. reopen the meeting. M-282-07-401

Motion by Hom, seconded by Brenna and carried: To request City Attorney to issue a letter requesting property owner of Railway Pizzeria to remove the patio walls in ten (10) days (which are in violation with City zoning and building codes). M-283-07-401

Motion by Hom, seconded by Brenna and carried: To adjourn the meeting at 9:26 p.m. M-284-07-401

The following Resolution was adopted:

Resolution No. 21-07, Resolution Of The City Of Proctor, Minnesota, Approving Official Terms Of Offering For The Issuance Of $420,000 General Obligation Equipment Certificates Of Indebtedness, Series 2007A (for the purchase of capital equipment having an expected useful life at least as long as the terms of the certificates)

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. – Sept. 13, 2007