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Summary of Proceedings - City of Proctor
CITY COUNCIL MEETING
November 1, 2004
Minutes of the Regular City Council Meeting of the City of Proctor, Minnesota, St. Louis County, held in the Community Center, Council Chambers, 100 Pionk Drive, 6 p.m., Monday, November 1, 2004
MEMBERS PRESENT: Mayor Richard Kieren, Councilors Jake Benson, David Brenna, Phil Larson, Tom Lavato
OTHERS PRESENT: John Foschi, City Administrator; John Bray, City Attorney; Glenn Tridgell, Proctor Golf Course, Inc.; Gordon Downs; Peg Sweeney, St. Louis County Commissioner; Jack Johnson, Jase Johnson, Steve Anderson, Premier 3
The following motions were made:
Motion by Councilor Lavato, seconded by Councilor Larson and carried: To approve the October 25, 2004 Special Joint City Council/ PUC public hearing/meeting minutes. M-472-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To approve the agenda as presented in packets. M-473-04-401
Motion by Councilor Larson, seconded by Mayor Kieren and carried: To suspend the regular agenda at 6:04 p.m. to go to the audience (6.G.). M-474-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To approve the October 25, 2004 Planning & Zoning Commission meeting minutes. M-475-04-401
Motion by Mayor Kieren, seconded by Councilor Lavato and carried: To re-approve the Municipal Delegation Agreement for building codes administration on public buildings and State licensed facilities. M-476-04-401
Motion by Councilor Larson, seconded by Mayor Kieren and carried: To approve the Governmental Fund payroll for period ending October 17, 2004 in the amount of $34,647.17 and Liquor Fund payroll for period ending October 17, 2004 in the amount of $3,121.50. M-477-04-4057
Motion by Councilor Lavato, seconded by Councilor Larson and carried: To approve the change order to install the two culverts (under PUC driveway and private driveway) on the Eighth Street project (not assessable - per past practices). M-478-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To accept the new 8th Street sanitary sewer main. M-479-04-401
Motion by Councilor Benson, seconded by Councilor Lavato and carried: To accept the October 21, 2004 PEDA meeting minutes. M-480-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To accept the October 21, 2004 Street Committee meeting minutes. M-481-04-401
Motion by Mayor Kieren, seconded by Councilor Lavato and carried: To engage City Engineer to continue Third Avenue storm water study from 5th to 8th Street and 12th to 16th Street (before any blacktopping work). M-482-04-401
Motion by Mayor Kieren, seconded by Councilor Brenna and carried: To accept City’s finding of facts on the 420 South Ugstad Road assessment and to adopt the re-proposed assessment on 420 South Ugstad Road (as presented in Council packet and on file at City Hall). M-483-04-401
Motion by Councilor Larson, seconded by Councilor Brenna and carried: To accept Memorandum of Understanding between City, Proctor Golf Course, Inc., all lot owners and Premier 3 regarding development at Fairway Greens contingent upon corrections as presented tonight. Roll call vote: Mayor Kieren - yes, Councilor Larson - yes, Councilor Brenna - yes, Councilor Lavato - yes, Councilor Benson - no. M-484-04-401
Motion by Councilor Lavato, seconded by Councilor Benson and carried: To remove Stop Work Order on Lots 3, 4, 5 and 6 of Fairway Greens. M-485-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To accept the new sewer main on the Rock Hill project (based on Working Street Foreman’s recommendation). M-486-04-401
Motion by Mayor Kieren, seconded by Councilor Brenna and carried: That City not impose fines on Cade Construction for work on Fairway Greens as of November 1, 2004. Roll call vote: Mayor Kieren - yes, Councilor Lavato - yes, Councilor Brenna - yes, Councilor Larson - no, Councilor Benson - abstains. M-487-04-401
Motion by Mayor Kieren, seconded by Councilor Larson and carried: That City proceed to dispose of the derrick digger truck via advertising. M-488-04-401
Motion by Mayor Kieren, seconded by Councilor Lavato and carried: That Council move to offer employee agreements to Jamie Claflin and Peter Luke (as presented in packets and on file at City Hall). M-489-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To approve all non-contract employees on list (as presented in packet and on file at City Hall). M-490-04-401
Motion by Councilor Benson, seconded by Mayor Kieren and carried: To approve the General Funds bills in the amount of $80,313.49 (original bills list amount of $68,563.49, and the addition of $11,750.00 for No. Mn Retail Clerks Invoice) and Liquor Fund bills in the amount of $24,464.73 (original bills list amount of $23,333.73 and the addition of $1,131.00 for No. Mn Retail Clerks invoice). Roll call vote: Benson - yes, Larson - yes, Brenna - yes, Lavato - yes, Kieren - yes. M-491-04-401, 481
Motion by Mayor Kieren, seconded by Councilor Benson and carried: To close the meeting at 9:45 p.m. to go to a closed session upon advice by City Attorney to discuss medical and litigation issues for 8.E. City Hall injured employee update, and 8.F. Retiree health insurance - potential litigation follow up. M-492-04-401
Motion by Mayor Kieren, seconded by Councilor Benson and carried: To re-open meeting at 9:54 p.m. M-493-04-401
Motion by Councilor Lavato, seconded by Councilor Larson and carried: To adjourn the meeting at 9:55 p.m. M-494-04-401
The foregoing is only a summary of the proceedings of the City Council meeting described above.
The complete minutes of this meeting are available for inspection in the office of the City Administrator during regular business hours of the City.
John M. Foschi
City Administrator
P.J. - Dec. 16, 2004
SPECIAL CITY COUNCIL MEETING CANVASSING
GENERAL ELECTION RESULTS
November 3, 2004
Minutes of the Special City Council Meeting Canvassing General Election Results of the City of Proctor, Minnesota, St. Louis County, held in the Community Center, Council Chambers, 100 Pionk Drive, Wednesday, November 3, 2004
MEMBERS PRESENT: Mayor Richard Kieren, Councilors Jake Benson, David Brenna, Tom Lavato
MEMBERS ABSENT: Councilor Phil Larson
OTHERS PRESENT: John Foschi, City Administrator
The following motions were made:
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To approve the agenda as presented. M-495-04-401
Motion by Councilor Benson, seconded by Councilor Lavato and carried: To certify the following November 2, 2004 City of Proctor General Local Election Results. M-496-04-401
Mayoral candidate, Richard A. Kieren, having received the highest number of votes, is elected to a two-year term as Mayor of Proctor and Councilors David Brenna and Tom Lavato, having received the highest number of votes are elected to four year terms as Proctor City Councilors - all beginning January 1, 2005.
CITY OF PROCTOR
November 2, 2004
General Election
Vote Summary
TOTAL VOTES
MAYOR
(Vote for One)
Dick Kieren 1,519
Write-Ins (detail on file
at City Hall) 59
Overvotes 6
Undervotes 206
TOTAL 1,790
CITY COUNCILOR
(Vote for Two)
David Brenna 1,225
Tom Lavato 1,200
Write-Ins (detail on file
at City Hall) 33
Overvotes 6
Undervotes 1,116
TOTAL 3,580
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To adjourn the meeting at 5:03 p.m. M-497-04-401
The foregoing is only a summary of the proceedings of the Special City Council meeting (canvassing General Election results) described above.
The complete minutes of this meeting are available for inspection in the office of the City Administrator during regular business hours of the City.
John M. Foschi
City Administrator
P.J. - Dec. 16, 2004
CITY COUNCIL MEETING
November 15, 2004
Minutes of the Regular City Council Meeting of the City of Proctor, Minnesota, St. Louis County, held in the Community Center, Council Chambers, 100 Pionk Drive, 6 p.m., Monday, November 15, 2004
MEMBERS PRESENT: Mayor Richard Kieren, Councilors Jake Benson, David Brenna (6:05 p.m.), Phil Larson, Tom Lavato
OTHERS PRESENT: John Foschi, City Administrator; Jamie Claflin, Confidential Secretary; Walter Wobig, Police Chief; Andy McDonald, MIC/ARDC; Mike French, LHB; Lee Harnell, Proctor Builders Supply
The following motions were approved:
Motion by Councilor Lavato, seconded by Councilor Larson and carried: To approve the November 1, 2004 City Council regular meeting minutes; November 3, 2004 Special City Council Local Election Canvassing Board meeting minutes; October 12, 2004 regular Public Utilities Commission meeting minutes and the September 30, 2004 Public Utilities Commission Income Statement. M-498-04-401
Motion by Councilor Lavato, seconded by Councilor Larson and carried: To approve the agenda, amended to include 1.G. MADD Red Ribbon Campaign kick off; 7.H. Contract City accountant position vacancy; 6.J. 13th Street improvements and additional action to be discussed on 6.1. regarding the disposal of street department’s derrick/bucket truck. M-499-04-401
Motion by Councilor Benson, seconded by Councilor Larson and carried: To suspend the agenda at 6:06 p.m. to go to the audience. (6.F.) M-500-04-401
Motion by Councilor Larson, seconded by Councilor Brenna and carried: To approve the Governmental Funds payroll for the period ending October 31, 2004 in the amount of $29,056.50 and Liquor Fund payroll for period ending October 31, 2004 in the amount of $2,821.93. M-501-04-4057
Motion by Mayor Kieren, seconded by Councilor Larson and carried: To accept the change order #1 for the 8th Street project in the amount of $4,415.00 for the installation of two culverts and core drill pipe inlet (not assessable). M-502-04-401
Motion by Mayor Kieren, seconded by Councilor Larson and carried: To accept proposal from North Country Paving for the blacktopping work on a private driveway in the 8th Street project for the amount of $800 (not assessable). M-503-04-401
Motion by Councilor Lavato, seconded by Mayor Kieren and carried: To accept the Almac Drive project change order #1 in the amount of $8077.87 for the additional work including rock blasting, rock removal and insulation over shallow pipe and time extension, changing substantial completion date from October 31, 2004 to December 8, 2004 and changing final completion date from November 30, 2004 to December 17, 2004. M-504-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To accept the Almac Drive project change order #2 in the amount of $3,500.00 for the reconstruction of the Bee Street/Almac Drive intersection to form a 90 degree intersection and culvert installation (not assessable). M-505-04-401
Motion by Councilor Larson, seconded by Councilor Benson and carried: To re-enter into Lake Superior Area Labor Management Association, Inc. in the amount of $75.00 for each of 2004 and 2005 memberships. M-506-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To accept the November 9, 2004 Tourism Committee meeting minutes. M-507-04-401
Motion by Councilor Lavato, seconded by Councilor Benson and carried: To accept the November 9, 2004 Public Safety Committee meeting minutes. M-508-04-401
Motion by Councilor Larson, seconded by Councilor Brenna and carried: To request PUC to do an illumination study. M-509-04-401
Motion by Mayor Kieren, seconded by Councilor Brenna and carried: To accept the November 3, 2004 Safe Schools Interagency Team meeting minutes. M-510-04-401
Motion by Mayor Kieren, seconded by Councilor Benson and carried: To accept the October 19, 2004 Comp Plan Group meeting minutes. M-511-04-401
Motion by Councilor Benson, seconded by Councilor Brenna and carried: To accept the November 10, 2004 Beautification & Trees Committee meeting minutes. M-512-04-401
Motion by Councilor Lavato, seconded by Councilor Brenna and carried: To officially name the area between Hwy 2, golf course, Pionk Drive and the Mallet “Middletown Park”. M-513-04-401
Motion by Mayor Kieren, seconded by Councilor Lavato and carried: To accept PEDA’s recommendation for Proctor/PEDA to be Class C members at $25,000 in the Minnesota Community Capital Fund. M-514-04-401
Motion by Councilor Benson, seconded by Councilor Lavato and carried: To authorize City Administrator to complete/sign Moody’s Application for Preferred Pricing. M-515-04-401
Motion by Councilor Lavato, seconded by Mayor Kieren and carried: To make a counter offer of $20,750 to developer for purchase of Lot 6 Johnson Tracts. M-516-04-401
Motion by Councilor Brenna, seconded by Mayor Kieren and carried: To donate both fire trucks to Fire School, with donation of Midway Township’s truck contingent upon the Township’s written approval of this donation. M-517-04-401
Motion by Mayor Kieren, seconded by Councilor Lavato and carried: To place an ad in the Proctor Journal for a minimum asking price of $4,000 for the bucket truck. M-518-04-401
Motion by Councilor Brenna, seconded by Mayor Kieren and carried: To authorize Chief Wobig to engage the Proctor Police Department in the Liberty Shield overtime grant program allowing the Chief to engage his officers in the patrolling as he sees fit and submitting City’s personnel costs to St. Louis County for reimbursement through this federal grant. Councilor Benson abstained. M-519-04-401
Motion by Mayor Kieren, seconded by Councilor Lavato and carried: To engage the engineering services of LHB in the 2004 and 2005 I/I Reduction Plan and Report for the amount of $2,157.00 for the related services noted above. M-520-04-401
Motion by Mayor Kieren, seconded by Councilor Larson and carried: To seek replacement for the contract City Accountant position vacancy. M-521-04-401
Motion by Mayor Kieren, seconded by Councilor Lavato and carried: To approve the employment agreements for City Administrator and City Accountant for the year 2004 (as presented in Council packets and on file at City Hall). Councilor Larson opposed. M-522-04-401
Motion by Councilor Lavato, seconded by Councilor Larson and carried: To approve the General Funds bills in the amount of $20,711.01 (original bills list and addition of Northland Trust Svcs in the amount of $728.00) and Liquor Fund bills in the amount of $30,511.16. Roll Call vote: Benson - yes, Larson - yes, Brenna - yes, Lavato - yes, Kieren - yes. M-523-04-401, 481
Motion by Councilor Larson, seconded by Mayor Kieren and carried: To adjourn the meeting at 10:20 p.m. M-524-04-401
The following First Reading was held:
The 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 - 04
Proposed Amendment to
Proctor City Code
Section 903.04, Subd. 6,
Wetland Buffer Strips
and Setbacks
Proctor City Code, Section 903.04 Subd. 6, Wetland Buffer Strips and Setbacks, is hereby amended as follows:
Subd. 6. Wetland Buffer Strips and Setbacks.
(a) For lots created after ____________ (date of Ordinance adoption), a buffer strip shall be maintained abutting all wetlands. Buffer strip vegetation shall be established and maintained in accordance to the following requirements. Plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the City. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland edge. The buffer strips and structure setbacks shall meet the following standards:
Wetland Type - Pristine - Natural - Ag/Urban - Natural
• Principal Structure Setback - 100 feet - 40 feet measured from the outside edge of the buffer strip* - 40 feet measured from the outside edge of the buffer strip* - 0 feet
• Buffer Strip - 20-100 feet - 10-30 feet - 0-20 feet - 0 feet
• Buffer Strip Minimum Average Width - 50 feet - 20 feet - 10 feet - 0 feet
• Percentage of Native Vegetation in Buffer Strip - Entire - Entire - Optional - Optional
The dimensions of the buffer strips may be adjusted by the City based upon the quality of the wetland, local topographic conditions, and the type and design of development being proposed. The table above provides minimum and maximum dimensions for the buffer strip. The use of a meandering buffer strip to maintain a natural appearance is encouraged. Structure setbacks are also described in the table. On single family subdivisions in the O/R, S, or R Districts, the applicant must demonstrate that each lot provides sufficient area to accommodate the applicable front yard setback, 60 x 60’ deep building pad, and a thirty (30) foot rear yard area. All of these elements must be provided outside of designated wetland and buffer strip areas.
(b) For lots of records on _____________ (date of Ordinance adoption) within wetland areas and for lands abutting a wetland area, the following minimum provisions are applicable unless
alternative plans are approved by the City under a wetland alteration permit:
Pristine - Natural - Ag/Urban - Utilized
• Setback Principal Structure - 100 feet - 75 feet 75 feet - 0 feet
The City must approve reduced wetland setbacks as outlined in subparagraph (a) above.
Underline indicates additions, strikeout indicates deletions.
Ordinance No. 08-04
Proposed Amendment to
Proctor City Code
1001.06. Preliminary Plats; wetlands.
1001.06. Preliminary Plats. Wetland Buffer Strips and Setbacks is hereby amended as follows:
1001.06. Preliminary Plats.
Subdivision 1. Data for Preliminary Plats. The following information shall be submitted as a basis for the preliminary plat and shall include existing conditions as follows, except when otherwise specified by the Planning Commission:
(15) Wetlands. Any and all wetlands required to be delineated by state or federal law must be identified on the preliminary plat
Underline indicates additions, strikeout indicates deletions.
The following Resolutions were adopted:
Resolution No. 39 - 04, Resolution Of Non-Objection To Issuance Of State Of Minnesota Charitable Gambling License (a raffle to be held at Black Woods AmercInn Banquet & Conference Center effective March 30, 2005)
Resolution No. 40 - 04, Resolution For Proctor To Serve As Fiscal Agent For Coastal Waters Program Grant
The foregoing is only a summary of the proceedings of the City Council meeting described above.
The complete minutes of this meeting are available for inspection in the office of the City Administrator during regular business hours of the City.
John M. Foschi
City Administrator
P.J. - Dec. 16, 2004
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