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2010-12-14 CC Meeting MinutesMOUND CITY COUNCIL MINUTES DECEMBER 14, 2010 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 14, 2010 at 7:00 p.m. in the council chambers of city hall Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch. Members absent: None Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Rita Trapp, Finance Director Catherine Pausche, Kelli Gillispie, Shirley Gustafson, Mike Engstrand, David Thompson, Johann Chemin, David Hintz, Craig Goodrich, Gloria Hayes 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 7:00 p.m. 2. Pledge of Allegiance 3. Approve agenda MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of Items 4G, 4J, and 40, for discussion. MOTION by Osmek, seconded by Gesch to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of the November 23, 2010 regular meeting and November 30, 2010 special meeting B. Approve payment of claims in the amount of $542,112.68 C. Approve Pay Request No. 2 by Kuechle Underground, Inc. for work on the 2010 Lift Station Improvement Project, in the amount of $282,898.68 D. RESOLUTION NO. 10 -86A: RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGEREMENT WITH THE CITY OF MOUND ON BEHALF OF THE POLICY DEPARTMENT AND THE CITY'S PROSECUTING ATTORNEY E. RESOLUTION NO. 10 -87: RESOLUTION AUTHORIZING THE CITY OF MOUND TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA STATE PATROL F. RESOLUTION NO. 10 -88: RESOLUTION AMENDING ADMINISTRATIVE OFFENSE PENALTY SCHEDULE G. (removed) H. Approve cancellation of 3.2 off -sale liquor license for Speedway SuperAmerica, effective November 30, 2010. Mound City Council Minutes — December 14, 2010 I. Set special meeting workshop for Supervisors' Annual Reports to the City Council for Tuesday, April 19, 2011, at 6:30 p.m. J. (removed) K. Approve recommendations of Dock and Commons Commissioners (3 -year terms) Clifford Schmidt and Susan Gardner L. Approve recommendations of Parks and Open Space Commissioners (3 -year terms) Michael Wilkus and Josh Dunwoody M. RESOLUTION NO. 10 -89: RESOLUTION APPROVING SHARED PARKING AGREEMENT N. RESOLUTION NO. 10 -90: RESOLUTION APPROVING CONTRIBUTIONS O. (removed) P. ORDINANCE NO. 11 -2010: AN ORDINANCE AMENDING ORDINANCE NO. 08-2003 IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D /B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITH THE CITY OF MOUND Q. ORDINANCE NO. 12 -2010: AN ORDINANCE AMENDING ORDINANCE NO. 05-2003 IMPLEMENTING A GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO FOR PROVIDING GAS SERVICE WITH THE CITY OF MOUND (decrease fee) R. ORDINANCE NO. 13 -2010: AN ORDINANCE AMENDING ORDINANCE NO. 05-2003 IMPLEMENTING A GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO FOR PROVIDING GAS SERVICE WITH THE CITY OF MOUND (add sunset clause) S. Approve Labor Agreement between the City of Mound and Law Enforcement Labor Services, Inc. (Local No. 266) — Police Officers, Investigators /Detectives, and Juvenile Officer — Effective Jan 1- December 31, 2010. T. Approve application and permit for a one -day temporary on -sale liquor license for the Northwest Lions Club, to be used at the Gillespie Center on January 2, 2011. 4G. Ordinance amending Chapter 70 of the Mound City Code as it relates to Traffic and Vehicles MOTION by Hanus, seconded by Salazar to table this item until a date uncertain to refine the language of the ordinance. All voted in favor. Motion carried. 4J. Approve recommendations to Planning Commission Hanus distributed the attendance record for Planning Commissioners for 2009 and 2010, and expressed concern over Geoff Michael's attendance, and suggested tabling his appointment until he can be contacted about his availability for meetings. MOTION by Hanus, seconded by Salazar to appoint Steven Ward for a 3 -year term to the Planning Commission as recommended. All voted in favor. Motion carried. MOTION by Hanus, seconded by Salazar to table the appointment of Geoff Michael until staff can return with an indication that his attendance will be improved. All voted in favor. Motion carried. 40. Approve amendment to Local Programming Facilities Agreement (LMCC) Hanus requested a change to the proposed amendment, with this sentence reading: In addition, the City will pay up to $35 per subscriber, per billing period from its franchise fee to the LMCC, for a total payment of up to $1.59 per subscriber, per billing period. Mound City Council Minutes — December 14, 2010 MOTION by Osmek, seconded by Hanus to approve the Amendment to Local Programming Facilities Agreement as amended above. The following voted in favor: Osmek, Hanus and Gesch. The following voted against: Salazar. Motion carried. 5. Public hearing — Action on Ordinance Amending Chapter 129 of the City Code as it relates to the Zoning Ordinance Rita Trapp reported that the City has nine months following the March adoption of 2030 Comprehensive Plan to complete its review and amendment of the zoning map. To implement this, four areas are being proposed for change: Tonka Alano Society Parking Lot to B -3; 5740 Bartlett Blvd to R -1; Al & Alma's Supper Club parking lot to B -3; and 2670 Commerce Blvd. to R -3. Mayor Hanus opened the public hearing at 7:28 p.m., and upon receiving no comment closed the hearing. MOTION by Osmek, seconded by Gesch to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 14 -2010: AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE (ZONING ORDINANCE) AS IT RELATES TO ZONING MAP 6. Harold Pellett of the Gillespie Center Osmek reported in Pellett's absence, that the final year -end numbers for the Gillespie Center's fund raising efforts are not completed and there will be a report in January. 4T. Application and permit for one -day temporary on -sale liquor license for Northwest Lions Club at Gillespie Center MOTION by Osmek, seconded by Hanus to reconsider Item 4T on the consent agenda. All voted in favor. Motion carried. Osmek stated that the consent agenda motion did not state that the request for waiver of fee was included. MOTION by Osmek, seconded by Salazar to approve the one -day liquor license for January 2, 2011, with the fee waived. All voted in favor. Motion carried. 7. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 8. Pre -sale report for $5,440,000 General Refunding bonds, Series 2011A and Calling for Redemption of Liquor Store Bonds A. Sale of $5,440,000 G.O. Refunding bonds, Series 2011A It was noted that this $5,440,000 bond sale will result in interest rate savings on the City's Series 2001 A, 2001 C, 2003A, 2003B, and 2004A G.O. Bonds. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. Mound City Council Minutes — December 14, 2010 RESOLUTION NO. 10 -91: RESOLUTION PROVIDING FOR THE SALE OF $6,440,000 G.O. REFUNDING BONDS, SERIES 2011A B Resolution calling for redemption of certain outstanding bonds (liquor store) Hanus asked what this redemption will do to the fund balance and Pausche informed him that it doesn't affect the fund balance, and will be a loan and liability of the liquor store, and that for reporting purposes the general fund will not change and we have sufficient cash due to the large projects we are doing. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTIO NO. 10 -92: RESOLUTION CALLING FOR REDEMPTION OF CERTAIN OUTSTANDING BONDS 9. 2011 Proposed Budget A. Overview of 2011 Budget — Pausche reviewed the proposed 2011 budget B. Discussion on 2011 Budget considerations — Osmek suggested that the City newsletter be cut down from 4 issues to 2 issues and Hanson stated that residents depend on the newsletter and newsletter content gives residents information that they need and thus reduces the calls to City Staff, which is a cost savings of staff time. She urged to keep it a quarterly publication, and the Council gave their consensus to leave it as is. Osmek suggested not plowing the upper level of the parking deck, barricading off the upper deck, and moving commuter parking down to level 2. Public Works will look into the feasibility and implement accordingly. Osmek suggested adjusting the Gillespie Center under the Promotions budget, from $60,000 to $61,500 to accommodate for their snow plowing that was previously done by the City under the in -kind agreement. MOTION by Osmek, seconded by Hanus to adjust the budget line for Gillespie Center promotions from $60,000 to $61,500, with the $1,500 not being released without Council approval. The following voted in favor: Osmek, Salazar, and Hanus. The following voted against: Gesch. Motion carried. Gesch suggested putting the $1,500 as a separate line item, and Osmek stated that the $60,000 there now consists of $56,000 of endowment and $4,000 of contribution, so it is all not one obligation now, so adding the $1,500 would be appropriate. MOTION by Osmek, seconded by Salazar to have staff modify the in -kind contract with the Gillespie Center to reflect the changes and have to them within the time frame specified. All voted in favor. Motion carried. Pausche stated she will prepare the modification for execution. C Comments and suggestions from citizens present on the 2011 Budget Johann Chemin, 6039 Beachwood Rd., spoke to the Council regarding his increased property taxes that he has to pay when his salary is not increasing. Hanus explained that the County is not raising the levy and neither is the City, and the reason his taxes are going up is that his Mound City Council Minutes — December 14, 2010 property value decreased less than others, resulting in him paying a bigger piece of the pie. Chemin asked what the City is doing to reduce the budget and he has ideas such as turning down the heat. Osmek explained that all of the light bulbs have been changed to energy efficient ones, 9 labor positions have been cut out of 50 employees, and expenditures in 2011 have been cut to 2007 levels. If people have questions regarding budget savings they can call their Councilmembers at any time to get information. Chemin suggested turning out the streets lights after 11:00 p.m. and stated that his property taxes are twice than his monthly mortgage and that is his final argument. Hanson stated that the City received $630,000 in stimulus dollars to replace some falling street lights in the city and turning off street lights would create unsafe conditions for traffic and crime. David Hintz, 6045 Beachwood Rd., stated he has a background in finance and has sympathy for the Council as they are in a tough spot. He stated that the economy has a long way to go and thinks the Council would be well advised to consider more drastic actions. Hanus thanked him for his comments. Ava McKnight, 5917 Ridgewood Rd., stated that she feels that residents can't call in fear of feeling attacked. They are residents, not an audience, and are struggling and would like to hear that their town is saving money. She suggested turning lights off, turning vehicles off when idling, and finding creative ways to make it easier on residents, not harder. Osmek stated that its hard not to get defensive when he has been working on the City budget for the last nine years, with the last two being very difficult resulting in 0% levy increase. He stated that over $1 million has been lost in state aid since 2001 and the City has offered early retirement packages, not filled vacant positions, and has reduced a staff of 50 by 9. We can control spending but not property tax values and how the system works. It was noted that the City already has a policy in force that limits idling of vehicles. Shirley Gustafson, 5142 Tuxedo Blvd., suggested giving residents the option of receiving the newsletter by email or mail to reduce cost, and Hanson informed her that it is now bulk mailed so to individualize the mailing to those who so chose would not result in cost savings. Craig Goodrich, 7176 Lafayette Lane, stated that he is a small business owner and everybody is cutting and working with less people working more hours. He stated we now have a parking ramp that serves as a show place with a clock. A way to cut costs with the Gillespie plowing should be investigated and save $1,500 because we don't have an extra $1,500. We should figure out how to pay off the liquor store and make it a cash cow. We have no money and are putting up new street lights when $80,000 could have been put somewhere else. When the City makes improvements the long term savings should be explained to the residents. David Thompson, 6108 Bartlett Blvd., stated that the people are well informed and-he knows the Council is working hard on the budget. He didn't know about 9 positions being cut but was aware of the other things the City is doing to cut the budget. He urged the Council to continue what they are doing and thanked them for their work. Osmek stated that not only are employees working harder, but with 0% wage increases. Mayor Hanus asked for further public comment and received no additional comments. Mound City Council Minutes — December 14, 2010 D. Action on resolution approving levy for HRA MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -93: RESOLUTION APPROVING A LEVY NOT TO EXCEED $244,407 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 2011 E Action on resolution approving 2011 final general fund budget and levy MOTION by Osmek, seconded by Salazar to adopt the following resolution as amended to reflect the additional $1,500 for the Promotions /Gillespie Center line item. All voted in favor. Motion carried. RESOLUTION NO. 10 -94: RESOLUTION APPROVING THEH 2011 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $5,247,815; SETTING THE FINAL LEVY AT $5,407,473; AND APPROVING THE FINAL OVERALL BUDGET FOR 2011 F. Approve resolution adopting fee schedule MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -95: RESOLUTION ADOPTING FEE SCHEDULE 10. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Reports: Engineering Project Status — Dec 8, 2010 Fire Commission Meeting — Dec 1, 2010 Finance Department — Nov 2010 Harbor Wine & Spirits — Nov 2010 C. Minutes: Planning Commission Meeting — Oct 19, 2010 Planning Commission Meeting — Nov 16, 2010 D. Correspondence: 2010 Met Council Housing Score 11. Adiourn MOTION by Osmek, seconded by Gesch to adjourn at 9:20 p.m carried. Mayor Mark Hands Attest: Bonnie Ritter, City Clerk All voted in favor. Motion 1