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2009-01-13MOUND CITY COUNCIL MINUTES JANUARY 13, 2009 The City Council of the City of Mound, Minnesota, met in regular session on Tuesday, January 13, 2009, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch and Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Police Chief Jim Kurtz, Parks Superintendent Jim Fackler, David Gesch, Debbie Salazar, Christel Salazar, Amanda Schwarze, Deb Grand, Helen Hanus, Laura Prybilla, Aaron Schrapp, Brittany Taylor, Danielle Schrupp, Greg Grand, Arten M. Sephanie Erickson, Brittany Grand. 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 it 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. Swearing -in of Councilmembers Kandis Hanson swore in and welcomed Mayor Mark Hanus, Councilmember Heidi Gesch and Councilmember Ray Salazar. 4. Approve agenda MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor. Motion carried. 5. Consent agenda Hanus requested that Item 5S be pulled for discussion and Skinner requested the removal of Items 5B and 5E. MOTION by Osmek, seconded by Hanus to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of December 9, 2008 regular meeting B. (removed) C. RESOLUTION NO. 09 -01: RESOLUTION APPOINTING DAVID OSMEK AS ACTING MAYOR FOR 2009 D. RESOLUTION NO. 09 -02: RESOLUTION APPOINTING CHIEF JIM KURTZ THE ACTING CITY MANAGER FOR 2009 E. (removed) F. RESOLUTION NO. 09 -03: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY CLERK Mound City Council Minutes — January 13, 2009 5B. Approve payment of claims It was noted that Skinner requested that this be removed from the consent agenda because he has a check request in this batch of bills. MOTION by Hanus, seconded by Osmek to approve payment of claims in the amount of $876,176.64. Upon roll call vote, the following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner abstained. 5E. Adopt a resolution designating The Laker as the Official Newspaper for 2009 Skinner stated that he feels that The Laker is one -sided and not objective on some issues and the city has had issues with this in the past. Hanus agreed that there have been some issues before, and that The Laker is actually delivered to households, where the Lakeshore Weekly is not. G. RESOLUTION NO. 09 -04: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR H RESOLUTION NO. 09 -05: RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 2009 I. RESOLUTION NO. 09 -06: RESOLUTION APPOINTING PARKS SUPERINTENDENT JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 2009 J. RESOLUTION NO. 09 -07: RESOLUTION APPOINTING COUNCILMEMBERS AS REPRESENTATIVES OF THE CITY COUNCIL FOR 2009 K. Approve request for a kennel permit by Mound Police Department L. Approve changes to the 2009 Dock Location Map M. RESOLUTION NO. 09 -08: RESOLUTION APPROVING AN EXTENSION OF THE LICENSE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE (EPDB) N. RESOLUTION NO. 09 -09: RESOLUTION REJECTING BID FOR PHASE 1 OF THE PUMP HOUSE RELOCATION PROJECT O. RESOLUTION NO. 09 -10: RESOLUTION AUTHORIZING INSTALLATION OF A STREET LIGHT ON NORWOOD LANE P. Approve Pay Request No. 3 from Geislinger & Sons, Inc. in the amount of $10,562.11 for work completed on the 2008 Lift Station Improvement Project, No. PW -08 -04 Q. Approve payment to American Engineering in the amount of $572.50 for work on the 2008 Street Improvement Project R. Approve appointment of Planning Commission members (3 -year terms); Ory Burma, Becky Glister and Jackie Peters S. (removed) T. RESOLUTION NO. 09 -11: RESOLUTION MAKING SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES 5B. Approve payment of claims It was noted that Skinner requested that this be removed from the consent agenda because he has a check request in this batch of bills. MOTION by Hanus, seconded by Osmek to approve payment of claims in the amount of $876,176.64. Upon roll call vote, the following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner abstained. 5E. Adopt a resolution designating The Laker as the Official Newspaper for 2009 Skinner stated that he feels that The Laker is one -sided and not objective on some issues and the city has had issues with this in the past. Hanus agreed that there have been some issues before, and that The Laker is actually delivered to households, where the Lakeshore Weekly is not. Mound City Council Minutes — January 13, 2009 MOTION by Osmek, seconded by Salazar to adopt the following resolution. The following voted in favor. Osmek, Salazar, Hanus and Gesch. The following voted against: Skinner. Motion carried. RESOLUTION NO. 09 -12: RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2009 5S. Approve appointments to the Parks, Open Space and Docks Commission (3 year terms at large): Mark Lee and Todd Peterson Hanus doesn't think this can be acted upon because these appointments do not meet with the criteria of the ordinance. The ordinance forming the Parks, Open Space and Docks Commission says there must be an abutter, a non - abutter and a slip holder. The appointments suggested do not include a slip holder so that seat would have to stay open until a member is found to meet this criteria. He suggested tabling this item until after the result of Item 9 is known. Osmek stated that he was dismayed that the fact that the ordinance was whole heartedly ignored. MOTION by Osmek, seconded by Skinner to table this item. All voted in favor. Motion carried. 6. Comments and suggestions from citizens present on any item not on the agenda. Mayor Hanus acknowledged the high school government class members that were in attendance. 7. Approve minutes of November 25, 2008 MOTION by Skinner, seconded by Hanus to approve the minutes of the November 25, 2008 meeting. The following voted in favor: Salazar, Hanus, Gesch and Skinner. The following voted against: None. Osmek abstained from voting because he was absent from that meeting. 8. Approve minutes of December 1, 2008 .. . MOTION by Skinner, seconded by Hanus to approve the minutes of the December 1, 2008 meeting. The following voted in favor: Salazar, Hanus, Gesch and Skinner. The following voted against: None. Osmek abstained from voting because he was absent from that meeting. 9. Discussion /staff direction to re -enact Mound City Code 256 (Docks and Commons Commission) and revise Mound City code 255 (Parks, Open Space and Docks Commission) Osmek feels that it was a mistake to join the two commissions a few years ago and wants to reappoint a Docks Commission so there are two independent bodies. He wants the two to revert to exactly what they were before the division took place in December of 2005. He is proposing that the current Parks and Open Space Commission remain in its place with its current existing members and the docks function be transferred over to the new Docks and Commons Commission. The City Council will take over the responsibilities of the Docks and Commons Commission until a functional commission is re- created. Mound City Council Minutes — January 13, 2009 Hanus stated that he argued not to join these two commissions when it happened and agrees that they should be separate. Skinner stated that the old way was broke, was political and catered to certain people. The current way works and he doesn't know why it should go back when it didn't work then. Osmek disagreed and stated that it worked well for 10 years and will work again and it serves the city better to have two separate perspectives on some issues. MOTION by Hanus, seconded by Osmek that both of the proposed ordinances state that the Commissions may, not shall, hold at least one regular meeting a month. The following voted in favor: Hanus, Salazar, Hanus, and Gesch. The following voted against: Skinner. Motion carried. MOTION by Osmek, seconded by Salazar to adopt the following ordinance. The following voted in favor: Hanus, Salazar, Hanus and Gesch. The following voted against: Skinner. Motion carried. ORDINANCE NO. 01 -2009: ORDINANCE AMENDING CHAPTER 255 OF THE CITY CODE AS IT RELATES TO THE PARKS, OPEN SPACE AND DOCKS COMMISSION. MOTION by Osmek, seconded by Salazar to adopt the following ordinance. The following voted in favor: Hanus, Salazar, Hanus and Gesch. The following voted against: Skinner. Motion carried. ORDINANCE NO. 02 -2009: ORDINANCE AMENDING CHAPTER 256 OF THE CITY CODE AS IT RELATES TO THE DOCKS AND COMMONS COMMISSION Osmek also directed staff to get letters out to the Parks and Open Space Commission and advertise for Docks and Commons Commission members. MOTION by Osmek, seconded by Salazar to remove Item 5S from the table. All voted in favor. Motion carried. 5S. Approve appointment to Parks, Open Space and Docks Commission (3 -year terms at large): Mark Lee and Todd Peterson MOTION by Osmek, seconded by Salazar to approve the appointment of Mark Lee and Todd Peterson to the Parks and Open Space Commission. All voted in favor. Motion carried. 10. Consideration /approval to continue planning for large scale Emergency Preparedness Exercise Chief Kurtz informed the Council that the Lake Area Emergency Management Group has received a $25,000 federal grant to conduct a large scale Emergency Preparedness exercise. The planning group has identified the vacated 5500 block of old Shoreline Drive which has been slated for redevelopment. The site, which would potentially include a number of buildings in the Auditors Road District, is large enough to manage a full scale operation and can safely accommodate partial structural collapse, control burns and prop staging. Shortly after the exercise, however, a plan would have to be in Mound City Council Minutes — January 13, 2009 7 1 n place to finish the demolition. The redevelopment team would begin working on a complete and comprehensive financial, demolition and remediation plan upon approval by the Council. MOTION by Osmek, seconded by Salazar to approval the continued planning for this exercise with the understanding that a demolition and remediation plan will be presented to them in the very near future. All voted in favor. Motion carried. 11. Information /Miscellaneous A. Comments /reports from Councilmembers B. Minutes; Parks, Open Space and Docks Commission — Dec. 11, 2008 C. Correspondence: CenterPoint Energy letter of Dec. 30, 2008 Xcel Energy notice Three Rivers Park District ordinance revision 12. Adiourn MOTION by Hanus, seconded by Gesch to adjourn at 8:15 p.m. All voted in favor. Motion carried. Atj2- -�-- -- Aj&��'42� - Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus