2009-11-10MOUND CITY COUNCIL MINUTES
NOVEMBER 10, 2009
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, November 10, 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, Community
Development Director Sarah Smith, Parks Superintendent Jim Fackler, Finance Director
Catherine Pausche, Public Works Director Carlton Moore, Public Works Assistant Vicki
Weber, City Engineer Dan Faulkner, Michelle Loma, Amber Gage, Jane Skinner, T.J.
Skinner, Marisa Trevino, Julie Thilgen, Ryan Haug, Kyle Beaver, Riley Hanson, Sam
Cordie, Mitchell Ebox, Derek Helderane, Ethan Samuelson, Forest Roberts, Josh
England, Karissa Harman, Katie Pemberton, Haylee Heuser. Grant Orinstien, Jeff
Schermerhorn, Kelly Beeman, Natasha Robinson
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
Mayor Hanus recognized the members Mr. Kuehl's High School Government Class that
are attending this evening's meeting.
3. Approve agenda
Osmek requested moving Item 9 to follow Item 4.
MOTION by Osmek, seconded by Salazar to approve the agenda as amended. All
voted in favor. Motion carried.
4. Consent agenda
Skinner requested the removal if item 4D, 4E, and 4F from the consent agenda.
MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $473,054.58.
B. Approve Pay Request No. 5 from GMH Asphalt Corp. in the amount of
$673,915.53 for work completed on the 2009 Street, Utility and Lift Station
Improvement Project, PW- 09 -01, PW- 09 -02, PW- 09 -04, and PW- 09 -06.
C. Approve permit for a temporary on -sale liquor license for Northwest Tonka Lions
for Festival of Trees to be held November 13, 2009 at Gillespie Center,
requesting fee waiver.
Mound City Council Minutes — November 10, 2009
D. (removed)
E. (removed)
F. (removed)
G. RESOLUTION NO. 09 -90: RESOLUTION REGARDING THE
ADMINISTRATION OF THE WETLAND CONSERVATION ACT
4D. Public lands Permit for 2911 Cambridge Lane
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 -91: RESOLUTION APPROVING PUBLIC LANDS PERMIT
FOR 2911 CAMBRIDGE LANE
4E. Variance for Property at 2911 Cambridge Lane
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 -92: RESOLUTION TO APPROVE REAR YARD SETBACK
VARIANCE FOR PROPERTY LOCATED AT 2911 CAMBRIDGE LANE
4F. Variance for Property at 4969 Island View Drive
Skinner stated that approval was given to build the maximum size house on this lot,
knowing there would be a variance needed. He feels too many variances are being
given away without hardship, and this should be discussed with the Planning
Commission in the future.
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 -93: RESOLUTION TO APPROVE A LAKESIDE SETBACK
VARIANCE FOR PROPERTY LOCATED AT 4969 ISLAND VIEW DRIVE.
9. (moved to this location with agenda approval)
Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
5. 2010 Street Improvement Utilities and Retaining Wall Project, PW -10 -01 and 10-
02.
Dan Faulkner presented the feasibility report for the 2010 Street improvement Project,
including projected assessment estimates.
MOTION by Osmek, seconded by Hanus to adopt the following resolution. Osmek
stated that his biggest issue is that 1/3 of the project, as well as the utility portion, is
spread out and paid by the taxpayers of the city. He feels that taking this year off due to
economic conditions, is in order. Hanus, Salazar and Gesch agree with not going
forward with a street project in 2010. Skinner feels that if this project is not ordered,
Mound City Council Minutes — November 10, 2009
some issues need to be discussed and money put in the 2010 budget for temporary
overlays, patches, etc.
Osmek removed his motion.
MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 09 -94: RESOLUTION RECEIVING REPORT AND DECIDING NOT
TO PROCEED WITH THE 2010 STREET, UTILITY, AND RETAINING WALL
IMPROVEMENT PROJECT
6. Policy for Official Conflicts of Interest
Hanus stated that he brought this forward because the current policy states, in a
nutshell, if you have an issue that will benefit you financially, you have a conflict of
interest, and the policy is at the lowest level that the law allows. He feels that a conflict
exists if real, perceived, or legal, and when this exists a councilmember should step
down. He is bringing a new policy to the Council for consideration, that increases the
level of ethics that the Council operates under. This new proposed policy essentially
says if the Councilmember or a relative has an interest or perceived interest in an issue
before the Council, they step down. It further provides that the other Councilmembers
can raise the issue if they feel there is a conflict and it will be discussed and voted on.
Skinner asked about the dual interest. Hanus stated that this means that one has an
interest as a councilmember, as well as a citizen and can benefit by voting a certain way.
Skinner feels that personal interest covers the dual interest, and doesn't feel the dual
interest needs to be in there. John Dean stated that the term dual leaves open an
opportunity for the Council to apply it in a broader sense than if you just use the term
personal conflict. He stated this is a policy consideration rather than the minimum
standards found in the law. Skinner asked if the dual conflict would refer to an employee
being on the Council and John Dean stated that is compatibility of offices, which is
something totally different than what is being proposed here.
MOTION by Osmek, seconded by Hanus to adopt the following resolution. John Dean
suggested a change in wording for 63 and Osmek and Hanus accepted the change in
wording as a friendly amendment. The following voted in favor: Osmek, Salazar, Hanus
and Gesch. The following voted against: Skinner. Motion carried.
RESOLUTION NO. 09 -95: RESOLUTION SETTING A POLICY FOR DEALING WITH
OFFICIAL CONFLICTS OF INTEREST
7. Mastereplan and Wayfindina Sianaae for Auditors Road District
Sarah Smith reviewed the proposed wayfinding signage masterplan for Auditors Road
District and stated that funding from the TOD grant has been deemed acceptable by
Hennepin County.
Mound City Council Minutes — November 10, 2009
1
f'
MOTION by Salazar, seconded by Gesch to approve the Wayfinding Signage
Masterplan for the Auditors Road District and authorize Visual Communications to obtain
quotes for this signage project. All voted in favor. Motion carried.
8. Approve minutes
MOTION by Osmek, seconded by Gesch to approve the minutes of the October 27,
2009 meeting. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The
following voted against: None. Skinner abstained from voting because he was absent
for a portion of that meeting. Motion carried.
9. (moved to after Item 4)
10. Miscellaneous /Correspondence
A — from Councilmembers
B. Reports: none
C. Minutes: none
D. Correspondence: Gillespie Gazette
Met Council on housing performance
Met Council on 2030 Comp Plan
11. Admourn
MOTION by Osmek, seconded by Salazar to adjourn at 8:30 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Mark Hanus