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2008-04-08MOUND CITY COUNCIL MINUTES APRIL 8, 2008 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 8, 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. Members absent: None. Others present: City Attorney John Dean, City Attorney Bob Lindall, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Finance Director Catherine Pausche, Collette Roberts, Engineering/Planning Technician Ray Hanson, Vicki Weber, Amanda Schwarze, Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. 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 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda Kandis Hanson requested the removal of Item 4D under consent agenda, to be addressed at subsequent meeting. MOTION by Specht, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda It was requested to remove item 4A from the consent agenda for discussion. MOTION by Osmek, seconded by Specht to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $231,943.13. C. Approve Change Orders #3 and #4 for the Transit Center Project D. (removed) E. Action approving request for temporary signage for Starlight Blast event 4A. A_pprove minutes March 10, 2008 -MOTION by Beise, seconded by Hanus to approve the minutes of the joint Planning Commission/City Council meeting of March 10, 2008. The following voted in favor: Hanus, Beise and Skinner. The following Mound City Council Minutes -April 8, 2008 voted against: None. Osmek and Speeht abstained from voting because they were not present at that meeting. Motion carried. March 25, 2008 -Hanus requested a change in the wording on the motion regarding amendment to the Administrative Code, eliminating the word "mediators". MOTION by Hanus, seconded by Osmek to approve the minutes of March 25, 2008 as amended. The following voted in favor: Osmek, Hanus, Beise, and Skinner. The following voted against: None. Specht abstained from voting because he was absent from that meeting. Motion carried. April 1, 2008 -MOTION by Specht, seconded by Beise to approve the minutes of the April 1, 2008 meeting. The following voted in favor: Specht, Hanus, Beise and Skinner. The following voted against: None. Osmek abstained from voting because he was absent from that meeting. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Discussion/action on possible purchase of land for the Public Works Facility (Council may choose to close a portion of discussion pursuant to the Open Meeting Law) John Dean explained that staff has recommended to close this portion of the meeting to consider the purchase agreement for the property at 1765 Co. Rd. 110 North, to discuss whether or not terms of the proposed purchase agreement are acceptable to the Council. In event that they conclude to enter into an agreement, the City Council may come back to this meeting to authorize execution of said purchase agreement. MOTION by Beise, seconded by Specht to go into closed session at 7:38 p.m. All voted in favor. Motion carried. The Council reconvened at 8:30 p.m. Bob Lindall explained the proposed resolution authorize the purchase of real property at 1765 Co. Rd. 110 North, for $2,975,000. He recommended including the contingencies from the purchase agreement itself into the resolution, instead of the current language. MOTION by Beise, seconded by Skinner to adopt resolution as amended. Hanus stated that he will not support this because he feels it is premature to buy property before the people have had an opportunity to voice their opinion on it. He believes in a more prudent alternative to this project, so won't support this resolution at this point. Speech noted for the record that this property is currently owned by his mother's cousin and that the sale of the property will not benefit him in any way. Osmek stated that this project is now a $10 million project. It started lower and adopting this resolution sets us on a course not to do a referendum and he is opposed to that. Upon roll call vote, the following voted in favor: Specht, Beise and Skinner. The following voted against: Osmek and Hanus. Motion carried. Mound City Council Minutes -April 8, 2008 RESOLUTION NO. 08-34: RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 1765 COUNTY ROAD 110 NORTH, MINNETRISTA, MINNESOTA 7. Discussion/action on proposal to amend Section 29.4 of the Administrative Code Vicki Weber, member of the Administrative Code Committee, stated that the proposed amendment to the code would require a meeting with the City Manager, appointed City Council Personnel Representatives and the Administrative Code Committee in a non- public setting. This is essentially asking for the same courtesy as other bargaining units receive in the City. Hanus questioned the requirement of having the full committee present, in that an individual could veto the proposed change simply by not attending the required meeting. He stated he doesn't have a problem with it but suggested a change in language, being: No changes will be made to the code without a meeting between the City Manager or designee, representation of the City Council Personnel Committee and representation of the Administrative Code Committee, in anon-public setting. Weber stated that this change in language is acceptable. MOTION by Osmek, seconded by Specht to amend Section 29.4 of the Administrative Code as follows: City management will meet no less than every two years with the employee representing group to discuss possible changes to the Adminsitrative Code. No changes will be made to the code without d+ssussier~ a meeting between the City Manager or designee, representation of the City Council Personnel Committee and representation of the Administrative Code Committee in anon-public setting ~tttl~ A ~7minic.4r~+}ive Cw,r,hvee oe.,re~e„+.,+; ,ems All voted in favor. Motion carried. 8. Discussion on personnel needs as thev relate to the 2009 budaet Catherine Pauche presented breakdown of the weekly hours of duties assigned and the current job descriptions for the Finance Director and Senior Account positions, showing support for the need for these two full-time positions. Osmek agreed that the data supports two positions. MOTION by Osmek, seconded by Beise to approve the hiring of a Senior Accountant in the 2008 budgeting cycle, and continue this position in the 2009 cycle. All voted in favor. Motion carried. 9. Discussion on letter regarding the Evergreen Road well house generator A letter was received from Tom Ptacek of 6136 Evergreen Road, regarding the adverse affects of having the generator running at Well #8, being diesel fumes and noise. Carlton Moore indicated that staff is asking for direction from the Council as staff lacks expertise in determining the affect of fumes, etc. He explained the program that the City is on that requires them to run the generators more than the required one hour/month for routine maintenance. The City realizes a savings of about $1700/year from this well to run the generator for 4-5 hours when requested to do so by Xcel, but it also costs the city for the additional fuel to run the generator for this time. Mound City Council Minutes-April 8, 2008 MOTION by Beise, seconded by Specht to remand this issue back to staff for more information as to the cost factor and alternatives, and to bring back to the next council meeting. The following voted in favor: Specht, Hanus, Beise and Skinner. The following voted against: Osmek. Motion carried. Osmek noted that he would rather stop the program with Xcel that demands the extra run time and only run for the required routine maintenance. 10. Action on Resolution Approving order to Secure Vacant Apartment Buildings Sarah Smith reviewed what is allowed in state statute as far as allowing the City to secure buildings if the owners are not taking care of them. This is a result of conditions of buildings on Belmont and Basswood Lanes. Smith stated that adoption of the proposed resolution is the first step with the ultimate goal being to make sure life and safety issues are addressed and able to get in for inspection for compliance. She also indicated that an ordinance relating to rental properties will be before the Council at a later date. Russ Towers and Kory Krotzer, both residents in the area stressed to the Council that the condition of the subject rental buildings is detrimental to the value of their properties and that illegal activities are also occurring on the properties. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-35: RESOLUTION ORDERING THE SECURING OF VACANT BUILDINGS AT 2122/2128/2136/2142/2152 BELMONT LANE AND 2153/2161 BASSWOOD LANE 11. Executive session for the purpose of the City Manager's performance evaluation Mayor Hanus stated that Hanson has exercised her right under state law to have her evaluation take place in closed session. The Council went into closed session at 8:53 p.m. The Council reconvened and Hanus stated that the City will continue under Hanson's current agreement with current conditions. 12. Miscellaneous/Correspondence A. Comments/reports from Councilmembers: Hanus stated that there was a council directive at the last meeting that the conflicts of interest be placed on the next agenda, which is tonight, and asked why it was not, and Hanson informed him that it was not yet complete and would be on the next agenda. Osmek reminded the Council of the meeting at the Gillespie Center on Thursday. He also stated that he met with the VFW and Legion and they want to pursue a monument at a location previously talked about, on Auditor's Road, and that he would be in support of the City helping with funding of such. Hanson stated that it was the understanding of city staff that they were supposed to approach the VFW and Legion, and staff is also preparing sketches for their consideration. Mound City Council Minutes -April 8, 2008 Beise stated that they should start thinking about a process for naming that street. B. Reports: none C. Minutes: none D. Correspondence: LMC 2008-2090 Policy Committee Membership Gillespie Gazette State Beverage Assoc. article 13. Adjourn MOTION by Specht, seconded by Osmek to adjourn. All voted in favor. Motion carried. r Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus J 1 1