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2000-11-28MINUTES OF THE MOUND CITY COUNCIL MEETING ' ~.'.: WEDNESDrA~y~ NOVEMBER 28, 2000, 7:30 P.M. MOUND CITY COUNCIL CHAMBERS Those present at meeting: Mayor Pat Meisel; City Council Members: Bob Brown, Mark Hanus, Leah Weycker and City Manager Kandis Hanson. Absent: Andrea Ahrens. City Attorney John Dean, J'un Prossor of Ehlers and Associates, and Bruce Chamberlain. Building Official Jon Sutherland and Recording Secretary Sue Schwalbe. Mayor Meisel welcomed the public and offered refreshments. She then called the meeting to order at 8:30 p.m. CONSENT AGENDA A~ Approval of Minutes November 8, 2000 (rescheduled meeting) B. Approval of Payment of Bills C. Set Public Hearings: 1. Case 00-64, Preliminary Plat., Metro Plains Development 2. Case 00-65, PDA - CLX, Metro Plains Development 3. Case 00-66, Zoning Amendment, Metro Plains Development 4. Case 00-71, Street Easement vacation, Metro Plains Development 5. Truth in Taxation: Dec 4 6. Storm Water Management Fees: Dec 4 7. Case 00-59, CUP, 1800 Commerce Blvd 8. Case 00-68, Preliminary Plat, Chestnut I-rtl 9. Case 00-35. PDA, CUP, Chestnut D. Planning Commission Recomamendation RESOLUTION 00-Ilia'Case 00-63 Variance - 5395 Baywood Shores Drive E. Award Contract for Coast to Coast Demolition Fo RESOLUTION # 00-112, Three Year Contract with E-Z Recycling for Weekly Curbside Recycling MOTION by Hanus, seconded by Brown to approve consent agenda. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. Ronald Motyka, 1545 Bluebird Lane, Mound. My issue and concern is with the postage free box by the entryway of the Mound City Hall Building. I have been trying to fill a position on the Park and Open Space Commission for a while. On November 4, 2000, I COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. Ronald Motyka, 1545 Bluebird Lane, Mound. My issue and concern is with the postage free box by the entryway of the Mound City Hall Building. I have been trying to fill a position on the Park and Open Space Commission for a while. On November 4, 2000, I received a letter that was dated November 2, 2000, to attend a meeting on Thursday, November 9, 2000. I was not able to attend that meeting because of business purposes. I wrote a letter to Jim Fackler and to Mayor Meisel explaining why I could not make that meeting. On November 5, 2000, I placed both letters into the box at the curb (my wife was present as I put them in). On November 9, 2000, my wife started receiving calls as to whether I would be at the meeting or not. She said I was out of town and couldn't make the meeting. On November 11, 2000, I called Mr. Brown to ask if the letters did appear and they did not. Suddenly they appeared on November 17, 2000. I am not naive enough to believe that they sat out in that box for eight days without someone seeing them. However, without a stamp on them they were not federally protected postage. So my only warning to the citizens is if you are going to use that box make sure it is for something that doesn't require postage to verify when you in fact paid the bill or sent your letters or whatever else. Hanus moved and Brown seconded the following resolution RESOLUTION # 00-112A ORDINANCE AMENDING SECTION 244 OF TItE MOUND CODE OF ORDINANCES. The vote was unanimously in favor. Motion carried. ACTION ON PARK AND OPEN SPA CE AD VISOR Y COMMISSION RECOMMENDATION FOR APPOINTMENT The recommendation from the Parks Commission is to add another Commissioner and appoint the three (3) applicants listed. This would have to be an Ordinance Amendment to add another Commissioner to the Board. There are six (6) Commissioners on the Parks Board including the Liaison. The Ordinance amendment would have to be printed in the paper. The third person would not be appointed at this time. MOTION by Hanus, seconded by Brown, to increase the Park Commission Board to seven (7) members effective with an Ordinance change. '- ola, O~OO ~ ! 1 ~, A MOTION carried unanimously. Them is a proposal to the City Council to appoint two (2) new Commissioners. Susan Taylor will be appointed to begin in December 2000 and Derrick Hentz would be appointed in January of 2001 to replace Peter Meyer's position. MOTION by Brown, seconded by Weycker, to appoint two (2) Park Commissioners. Susan Taylor to begin December 2000 and Derrick Hentz to begin January 2001. MOTION carried unanimously. ACTION ON SUPPORTING DATA AND SIGNA GE RECOMMENDATION PERTAINING TO CLEAN OUTDOOR AIR. City Manager Kandis Hanson displayed a picture of the signage. Basically the signs will be hunter green and tan with dark lettering. Council Member Hanus has an issue with the Resolution. It is correct to say that the two (2) organizations will be paying the cost of all the signs and could we add a Section 4 under the 'be it resolved' section of the resolution to state that fact. Mr. Dean suggested adding to Section 2 "upon receipts of the signs the Park and Recreation Department will install them at the mentioned parks." Mayor Meisel questioned the verbiage of the signs. She believed they would read 'thank you for refraining from the use of tobacco' instead of thank you for not using tobacco. City Manager Kandis Hanson explained staff reviewed several options that were presented by the committee and staff is recommending the verbiage in the packet. Mr. Dean suggested adding to Section 2 %pon receipts of the signs the Park and Recreation Department will install them at the mentioned parks." Mayor Meisel questioned the verbiage of the signs. She believed they would read 'thank you for refraining from the use oftohacco' instead of thank you for not using tobacco. City Manager Kandis Hanson explained staff' reviewed several options that were presented by the committee and staff is recommending the verbiage in the packet. Carol Weber explained the reason that we suggested this one is that it does have the word 'youth' on it, which is the primary purpose of the whole project. Also, we have 'thank you for not' from some examples we heard from other citizens in the community and primarily from the Senior Center as they have a no smoking policy in their center. This is a much more positive attitude, upbeat tone. This is wording that all kinds of all age groups would understand. Our primary focus is reducing youth tobacco use and part of that does incorporate adults because of the role model issues. The previous MOTION was by Weycker, seconded by Brown to pass the Resolution contingent upon verification of the facts and also that staffwill develop appropriate verbiage for the signs and that friendly amendment was made by Council Member Ahrens that the sign verbiage be subject to City Council approval. City Council Member's Weycker and Brown accepted that amendment and that is what passed. RESOLUTION #00-113 RESOLUTION PROMOTING TOBACCO FREE PUBLIC PARKS, PUBLIC PLAYGROUNDS AND PUBLIC RECREATIONAL FACILITIES IN ~ CITY OF MOUND, MINNESOTA com>moN OF THE MOTION by Weycker, seconded by Brown, to accept the signs with the correction of the spelling and reaffirm the cost of the signs is to be bom by some entity other the City of Mound. Council Member Brown withdrew second. MOTION by Brown, seconded by Itanus to reconsider the previously approved Resolution. AYES: 3 0VIeisel, Hanus, Brown) NAYS: 1 (Weycker) MOTION carried. MOTION by Brown, seconded by Hanus to keep the Resolution as written including the new signage as written and upon receipt of the signs, the Parks Department is hereby directed to install said signs at the appropriate parks. MOTION carried unanimously. ACTION ON MUELLER/IMNSING PR OPER~ES' REQUEST FOR REINSTATEMENT INTO CBD PARKING PROGRAM. Mr. lVfike Mueller representing Mueller-Lansing properties has requested to be included in the Central Business District (CBD) Parking program retroactive to November 15, 2000. Mr. Mueller reassured the Council of their participation in the program until their building is removed or the program is terminated. MOTION by Brown, seconded by Weycker, to formally include them back into the CBD Parking Program retroactive to November 15, 2000. Mayor Meisel believes this is a very good idea; however, Mueller-Lansing Properties then must continue with the CBD Parking until removal of their building. Also the handicapped parking spaces (2) must be reinstated to thek previous condition including the painting. City Manager Kandis Hanson explained that staff'has pointed out that the success of the program depends on total participation. The formula was based on a certain number of spaces and that it how it is applied across the business community. Council Member Brown accepted Mayor Meisel's amendment to his MOTION to include the stipulation that Mueller-Lansing Properties must continue with the CBD Parking until removal of their building or program termination. Also Mueller-Lansing Properties is responsible for reinstating the two (2) handicapped parking spaces to their original state. MOTION carried unanimously. ACTION ON ETHICS GUIDELINES City Manager Kandis Hanson explained that we have amended forms that would act as disclosure forms that would accompany this policy. The change in these over what you have seen before tonight is #3. There was not clarity in the way it was first written and we believe this further clarifies the intent. The sentence should read 'A business entity in which the person has an ownership interest, either legal or equitable.' Council Member Hanus made the point that under the Disclosures Item B, he believes any and all financial interests should be disclosed not 'greater than 50%'. Also Item E is a similar issue. The sentence should read 'Real property within the City owned by the person or in which the person has a beneficial interest.' MOTION by Meisel, seconded by Brown to make corrections and/or changes as discussed and to proceed at the December 4, 2000 meeting. MOTION carried unanimously. CONSIDERATION OF WESTONKA SCHOOL DISTRICT CLAIM: EXECUTIVE SESSION. Mr. Dean explained this is a consideration of a possible settlement offer on the Westonka School District matter and it is staffs recommendation that the City Council go into executive session to meet with the legal representative for the City to discuss possible settlement options. CO UNCIL IN EXECUTIVE SESSION COUNCIL RETURNED FROM EXECUTIVE SESSION Mr. Dean explained there was discussion tenure of a proposed settlement offer of the claims between the City of Mound and the Westonka School District. As a result of the Executive Session there is a Resolution before the Council entitled Resolution Authorizing Reimbursement to Independent School District//277 for certain expenditures. RESOLUTION # 00-114 RESOLUTION AUTHORIZING REIMBURSEMENT TO INDEPENDENT SCHOOL DISTRICT NO. 27'7 FOR CERTAIN EXPENDITURES MOTION by Brown, seconded by Hanus to accept the Resolution. MOTION carried unanimously. CITY MANA GER PERFORMANCE EVALUATION: EXECUTIVE SESSION CO UNCIL IN EXECUTIVE SESSION COUNCIL RETURNED FROM EXECUTIVE SESSION Mayor Meisel explained the reason for the Executive Session was for an evaluation on our City Manager Kandis Hanson after 7 ~A months of employment. MOTION by Meisel, seconded by Brown, for approval of the performance evaluation including a 2% salary increase based on the performance evaluation and a continued commitment that the City will go forward with some type of goal setting evaluations. Also, a commitment from thc City that we continue the use of a third party evaluation tool. The City will fi'ont the costs associated with the purchase of a home computer for the City Manager's use. MOTION carries unanimously. MOTION by Brown, seconded by Weycker to adjourn City Council Meeting. Mayor Meisel adjourned the meeting at 11:15 p.m. Secretary Sue Schwalb¢ Mayor Pat Meisel THIS PAGE LEFT BLANK INTENTIONALLY ZNflOIAIV [IIO# # 119,l.Vfl aq~VXVd S£~flODDV WI'Illl Sqqlfl ,I,N?IlNAVd