2008-02-26MOUND CITY COUNCIL MEETING
February 26, 2008
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, February 26, 2008, at 7:30 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers David Osmek, Mike Specht,
John Beise and Greg Skinner.
Others present: City Attorney John Dean, Acting City Manager Gino Businaro,
Community Development Director Sarah Smith, Police Chief Jim Kurtz
Consent agenda: All items listed under the Consent Agenda are considered to be
routine in nature by the Council and will be enacted by a roll call vote. There will be no
separate discussion on These items unless a Councilmember or citizen so requests, in
which event will be removed from the Consent Agenda and considered in normal
sequence.
1. Open meeting
Mayor Hanus called the meeting to order at 7:36 p.m.
2. Pledge of Allegiance
3. Approve agenda
Businaro requested the addition of Item 41, Action on Resolution to Formally
Accept an Environmental Response Fund Grant
MOTION by Specht, seconded by Osmek to approve the agenda as amended.
All voted in favor. Motion carried.
4. Consent agenda
Osmek requested the removal of Item 4F and Hanus requested the removal of
Item 4H for discussion.
MOTION by Specht, seconded by Osmek to approve the consent agenda as
amended. Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of February 12, 2008
B. Approve payment of claims in the amount of $365,240.26
C. Approve Pay Request No. 3 from Kusske Construction in the amount of
$38,223.26 for the 2007 Storm Drain Improvements
D. Approve Garbage Collection Licenses for year 3/1/08 through 2/28/09, for
Blackowiak, Randy's Sanitation, Waste Management, Allied Waste, and
Waste Technologies, Inc., contingent upon receipt of all required forms,
fees, and certificates of insurance.
E. Set special meeting for April 1, 2008 at 6:30 p.m. for presentation of
Department Annual Reports
F. (removed)
Mound City Council Minutes -February 26, 2008
G. RESOLUTION N0.08-22: RESOLUTION TO APPROVE PLACEMENT
OF A STREET LIGHT ON THE 4500 BLOCK OF MONTGOMERY ROAD
H. (removed)
I. RESOLUTION NO. 08-23: RESOLUTION TO FORMALLY ACCEPT AN
ENVIRONMENTAL RESPONSE FUND (ERF) GRANT IN THE AMOUNT
OF $40,135 TO CONDUCT ENVIRONMENTAL TESTING IN THE
AUDITOR'S ROAD DISTRICT AND EXECUTING ENVIRONMENTAL
RESPONSE RUND (ERF) GRANT AGREEMENT WITH HENNEPIN
COUNTY
4F. Consideration/Action on Ordinance Amending Ordinance No. 08-2003
Implementing an Electric Franchise Fee on northern States Power d/b/a/
Xcel Energy for Providing Electric Service
Osmek stated that there was intentionally a sunset clause put on this in 2003.
This franchise fee was added to offset the reduction in the LGA funding by the
State. His issue is removal of the sunset clause. All of previous council's should
have done a better job expressing that this fee is a tax and should have been put
into the general levy and accounted for.. He agrees with the street light fee. He
thinks this needs to be moved into the general levy, which may result in budget
cuts. This fee was also implemented when we were under levy limits. He
prefers rather than removing the sunset clause, to extend the clause for an
additional year and find a way to start putting this where it belongs, which is into
the general levy.
Hanus recalls that it was done because the city needed to make up a shortfall
and couldn't raise taxes mid-year, and this was a fast way to have a temporary
stopgap for the shortfall. He wanted a sunset clause put into this because he
has always viewed this as temporary, and never intended to be permanent. The
biggest argument that he heard from the public is that if this amount is included in
the taxes, at least it is deductible, where as a fee it is not.
Businaro stated that staff recommends removal of the sunset clause because it
was Xcel that required it, whereas CenterPoint did not have objection to not
having one. He said you can change the amount, or remove it with six months
notice.
MOTION by Osmek, seconded by Specht to direct staff to prepare an ordinance
for consideration at a future meeting, that reflects a reduction in the fee (effective
January 1,2009) for the electric franchise and natural gas franchise, to $1.00 as
opposed to the currenf $2.00, and also to amend the sunset clause to read
December 31, 2009. All voted in favor. Motion carried.
Beise clarified that this change is for 2009, and Osmek stated that his intention is
to being the reduction in 2009.
Mound City Council Minutes -February 26, 2008
4H. Consideration/action on Resolution Accepting a Class A Recreational
Vehicle to Serve as a Mobile Command Vehicle to the Lake Area
Emergency Management Group
Chief Kurtz gave a background on the vehicle being offered by the Hennepin
County Sheriff's Department, to be used by the Lake Area Emergency
Management Group, and that Metro Storage has donated a place to store this
vehicle. The other cities involved have agreed to pay a fee for use of this
vehicle.
Hanus is concerned that once we have this vehicle and down the road something
happens to it, we will be expected to replace it. While it may be nice to have we
could be asked to replace it. He is willing to go along with this, but that a
replacement should not be expected without preplanning well ahead. Kurtz
stated that he may come to the Council down the road and ask for a
replacement, but the funding would be well thought out.
MOTION by Beise, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION N0.08-24: RESOLUTION ACCEPTING A CLASS A
RECREATIONAL VEHICLE TO SERVE AS A MOBILE COMMAND VEHICLE
TO THE LAKE AREA MANAGEMENT GROUP
5. Comments and suggestions from citizens present on any item not on
the agenda. None were offered.
6. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers:
B. Reports: Finance Dept. -January 2008
C. Correspondence: DNR Request for comments -possible
amendments to shoreland rules. Hanus stated that he would like
to see a copy of the proposed amendment for review and Smith
stated that she has requested a copy of the information.
Three Rivers letter dated 2/11/08 -Update regarding Dakota Rail
Gillespie Gazette
Letter of Resignation from Gino Businaro
7. Adjourn
MOTION by Specht, seconded by Osmek to adjourn. All voted in favor. Motion
carried.
1
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1"Q~,t , Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk