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2008-08-26MOUND CITY COUNCIL MINUTES AUGUST 26, 2008 The City Council of the City of Mound, Minnesota, met in regular session on Tuesday, August 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, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Police Chief Jim Kurtz, Parks Superintendent Jim Fackler, Liquor Store Manager John Colotti, Fire Chief Greg Pederson, Finance Director Cartherine Pausche, Amanda Schwarze, John Hubler, Nat Kale 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 even will be remove from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:43 p.m. 2. Pledge of Allegiance 3. Approve agenda Beise requested the addition of Item M, Mt. Olive temporary sign permit, and Item N, Approval of temporary on-sale liquor license for Lake Minnetonka Regional Arts Council. MOTION by Beise, seconded by Specht, to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of 4A and 46 for discussion, Beise requested the removal of 4L, and Hanson requested the removal of 4F. MOTION by Osmek, seconded by Specht, to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. (removed) C. RESOLUTION NO. 08-81: RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR PROERTY LOCATED AT 2640 SHANNON LANE D. RESOLUTION NO. 08-82: RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR PROPERTY LOCATED AT 3000 HIGHLAND BLVD. E. RESOLUTION NO. 08-83: RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR PROPERTY LOCATED AT 2346 CYPRESS LANE F. (removed) Mound City Council Minutes -August 26, 2008 G. Approve the Planning Commission recommendation for appoints to fill vacancies for Planning Commissioners: Steven Ward (term expires December 31, 2010) and Jackie Peters (term expires December 31, 2008) H. Approve request for reduction in retainage by Graham Penn-Co from $241,609.72 to $60,402.43 I. Approve Truth In Taxation Hearing meetings: December 1, 2008 at 7:00 p.m.; and December 8, 2008 at 7:00 p.m. for the continuation, if needed J. Approve application by Mound Fire Department Relief Association for a Temporary On-sale 3.2 Malt Liquor Permit for September 6, 2008 K. Approve Contract Agreement for Federal Representation Services -Downtown Redevelopment L. (removed) M. Approval of temporary sign permit for 2008 Mt. Olive Church Fall Festival N. Approve temporary on-sale liquor license for Lake Minnetonka Regional Arts Council for an event to be held on September 20, 2008 4A. Approve payment of claims It was found that a request to remove an item from the claims was not warranted as the claim was not included in this batch of claims. On another section of the bills, Osmek stated that last year he spoke to the City Manager about the policy to send one individual to the Rotary golf tournament and at the last meeting Moore's expense for this event was approved. In this section of bills there are three additional requests for reimbursement for golf. He continued by stating that he can't approve these expenses based on the condition of the proposed budget. Specht feels that it's not fair to deny the reimbursements at this time because the individuals were under the impression that they would be reimbursed. Hanson explained that the policy has been that in lieu of the membership to the Rotary, the City has supported them by paying for'/2 of the fee for supervisors to attend their annual golf event. Beise agreed with Specht stating that if these employees went to the event with the impression that the City was reimbursing 'h of their golf fees, they should pay them this time. Hanus doesn't think that the taxpayers should have to pay for any City employees to golf. He questions that as being a legitimate use of tax dollars. Osmek doesn't feel that the taxpayers should pay for the golf event, or rotary membership fees. If a city employee wants to join the rotary they can do that with their own funds. Osmek will not approve reimbursing Welch because he is not a supervisor. Skinner stated that he withdraws his claims for reimbursement, even though he is a supervisor. John Dean stated that if he voluntarily removes this claim no further action is needed to remove it. Osmek wanted it known that he is not disputing Skinner's claim, but the one for Welch. Hanus stated that this policy should be talked about before any other events are attended. Hanus also requested that the bill for Lake Restoration, Inc. be re-coded to reflect the correct account. Mound City Council Minutes -August 26, 2008 MOTION by Hanus, seconded by Specht to approve payment to Lake Restoration with coding to the appropriate account. All voted in favor. Motion carried. MOTION by Osmek, seconded by Hanus to approve payment of the claims, less the claim of $50 for reimbursement to Brian Welch for the Rotary golf event. Upon roll call vote, the following voted in favor: Osmek, Hanus and Skinner. The following voted against: Specht and Beise. Motion carried. 4B. Approve the Three Rivers Park District Regional Trail System 2008-2009 Winter Use Permit Hanus stated that this was briefly discussed at a previous council meeting and the consensus was not to plow the trail during the winter and now the Parks, Open Space and Docks Commission is recommended to plow it. MOTION by Specht, seconded by Beise to table this item until the next meeting to research what the neighboring cities are doing with regard to this topic. All voted in favor. Motion carried. 4F. Approve for issuance and sale of $150,000 of G.O. E ui ment Certificates Hanson noted that this item was pulled from the consent agenda because the amount needs to be changed from $150,000 to $160,000. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-84: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $160,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2008D, AND LEVYING A TAX FOR THE PAYMENT THEREOF 4L. Approve Feasibility Report for 2008 Storm Drainage Improvement Project Beise noted that there was a page missing from the report. MOTION by Osmek, seconded by Beise to table this item until the next meeting. All voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Presentation by Nat Kale of Minnehaha Creek Watershed District regarding pilot shoreline restoration project proposal for Centerview Park Nat Kale gave a presentation on the pilot project for shoreline restoration for Centerview Park. Osmek noted that this has not been presented to the Parks, Open Space and Docks Commission, but that they would see it in the near future as a final concept plan. MOTION by Osmek, seconded by Beise to approve the conceptual design and begin action on Memorandum of Understanding on this project. The following voted in favor: Osmek, Hanus, Beise and Skinner. The following voted against: None. Councilmember Specht was not in the room for the vote. Motion carried. Mound City Council Minutes -August 26, 2008 7. 2009 Budget Hanson reviewed the budget process and progress made to date. Pausche outlined the proposed budget with the 3.9% levy limit plugged in, leaving a $400,000 deficit that needs to be addressed. Hanus stated that this is the preliminary budget and what is passed tonight is what will be mailed out to homeowners. Discussion took place as to the Councilmembers individual comfort level with the levy figure. Hanus stated that he is not willing to go with the max of 3.9%, but would like a target of 3% or less for the preliminary. Seise stated that until there are suggestions to offset the $400,000 deficit he suggests going with the 3.9% max. Specht agreed with Beise on the 3.9% as did Skinner. Osmek stated that he thinks the budget can be done with a 2% levy, and also the tax capture rate should be 96.25% and wouldn't support projecting it to be lower than that. A. Approval of Preliminary Fund Budaet and settina oreliminarv levy and aoorovina preliminary overall budget. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Specht, Seise and Skinner. The following voted against: Osmek and Hanus. Motion carried. RESOLUTION NO. 08-85: RESOLUTION APPROVING THE 2009 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $5,407,134; AND SETTING THE PRELIMINARY LEVY AT $5,175,181; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2009 B. 2008 Early Retirement Incentive Plan Skinner stepped down from his seat on the Council for discussion on this item. Osmek states that he likes the idea of this policy as it allows flexibility with voluntary early retirement, and thinks it should be supported. Specht, Hanus and Seise agreed. MOTION by Osmek, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: None. Skinner abstained from voting. Motion carried. RESOLUTION NO. 08-86: RESOLUTION APPROVING A 2008 EARLY RETIREMENT INCENTIVE PLAN FOR CITY OF MOUND EMPLOYEES Skinner returned to his seat on the Council. C. Action on Parks. Open Space and Docks Commission recommendations for milfoil treatment in Phelps Bay Osmek stated that the figure of $12,500 in the proposed budget needs to be adjusted to $12,000. He stated that he asked Lake Minnetonka Association (LMA) for along-range plan and results of the treatment and has received nothing but aone-page recommendation from the Commission. He feels it's irresponsible to proceed without more information. Mound City Council Minutes -August 26, 2008 MOTION by Beise, seconded by Osmek to table this item until the first meeting in October and direct the LMA that at this meeting a presentation be made that includes a long term plan for this treatment program. All voted in favor. Motion carried. D. Approval of HRA levy for 2009 MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-88: RESOLUTION APPROVING A LEVY NOT TO EXCEED $257,653 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469 OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND FOR THE YEAR 2009 8. Approve minutes MOTION by Osmek, seconded by Beise, to approve the minutes of the August 12, 2008 regular meeting. 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. 9. Miscellaneous/Correspondence A. Comments/reports from Councilmembers - Osmek recognized that John Hubler, 5816 Grandview Blvd, wished to address the Council. Hubler reminded the Council of his previous suggestion that Department Heads be asked to reduce their budgets 10% from last year and do reverse budgeting. He complimented the Council and staff and asked that they take a hard look internally at ways to save money. B. Reports: Finance Department -July 2008 Fire Commission Meeting -July 24, 2008 C. Minutes: POSDC -August 14, 2008 10. Adiourn MOTION by Osmek, seconded by Specht, to adjourn the meeting at 10:17 p.m. All voted in favor. Motion carried. r ~ZZ~2~ Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus 1 1 u