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General Meeting Minutes 2-12-2009

City Council General Meeting

February 12, 2009

 

 

Call to Order:  A General Meeting of the Gustavus City Council was held on February 12, 2009 at 7:00PM.

Mayor Unkel called to meeting to order at 7:02PM.

 

Roll Call:

Comprising a quorum of the Council the following were present:

                             Mayor Unkel                 

                             Vice Mayor Berry                     -Via Teleconference

                             Council Member Cacioppo

                             Council Member Howell

                             Council Member Lassiter

                             Council Member Marchbanks

                             Council Member Nixon             -Via Teleconference

 

Reading & Approval of Minutes –

 

Minutes from the December 11, 2008 General Meeting were read by the City Clerk.

Motion:                 Council Member Lassiter moved to adopt as read.

Seconded by:        Council Member Marchbanks

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Motion Passes 7/0

 

 

Minutes from the January 8, 2009 General Meeting were read by the City Clerk.

Motion:                 Council Member Lassiter moved to adopt as read.

Seconded by:        Council Member Cacioppo

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Motion Passes 7/0

 

 

 

 

Minutes from the January 22, 2009 Special Meeting were read by the City Clerk.

 

Motion:                 Council Member Cacioppo moved to accept.

Seconded by:        Council Member Howell

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Motion Passes 7/0

 

 

Minutes from the February 5, 2009 Special Meeting were read by the City Clerk.

Motion:                 Council Member Lassiter moved to accept the minutes                                       as read

Seconded by:        Council Member Nixon

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Lassiter, Marchbanks, Nixon, Unkel

No:              None

Motion Passes 6/0

 

 

Mayor’s Request For Agenda Changes:  None

 

Committee Reports:

§    Planning Committee no report given.

§    Parks & Rec Committee report given by Council Member Lassiter.

§    Library Board report given by Jaenell Manchester.

 

 

Consent Agenda:

          A.  Resignation William Unkel as Fire Board Liaison

          B.  Appointment Lou Cacioppo as Fire Board Liaison

          C.  Appointment of Eric Hart to Finance & Endowment Committee

          D.  Appointment of Martin Rogers to Road Committee 

         

Motion:                 Council Member Cacioppo moved to accept.

Seconded by:        Council Member Lassiter

 

 

ROLL CALL VOTE ON MOTION:

Yes:   Berry, Cacioppo, Howell, Lassiter Marchbanks, Nixon, Unkel

No:    None

 

Motion Passes 7/0

 

Ordinances for Publication:

§   2008-05NCO  An Ordinance for the City of Gustavus providing for

for the amendment of the City of Gustavus Library Budget for FY09.

 

Motion:                 Council Member Marchbanks moved the Council publish Ordinance 2009-05NCO, a non-code ordinance moving money from the city reserves into the library maintenance and repair budget. 

Seconded by:        Council Member Cacioppo

 

Council discussion followed.

 

ROLL CALL VOTE ON MOTION:

Yes:   Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel       

No:    None

 

Motion Passes 7/0

 

 

Ordinances for Public Hearing:

§   2009-01  Amendment to City of Gustavus Title 11.

 

Mayor Unkel declared a conflict of interest and turn the meeting over to Council Member Howell.

 

 

Motion:               Council Member Marchbanks moved the Council

                           adopt the amendments to Title 11.01 Public Health                                 and Safety with the following correction:  The Title for                               11.01 should read Discharge of Firearms with                                            Center Fire Cartridges within the City of Gustavus.  I                                   believe there was a mistake when the amended title                                     was published.  

Seconded by:      Council Member Howell

 

Council discussion followed. 

 

Council Member Howell acted as the presiding officer for the following conflict of interest hearing. 

 

CONFLICT OF INTEREST:               Mayor Unkel declared that he owns a small business that sells firearms and ammunition.

 

RULING:                                                   Council Member Howell acting as the Presiding Officer ruled that Mayor Unkel does not have a financial interest and does not have a conflict and should vote.

 

 

Council Member Howell turned the meeting back to Mayor Unkel to preside.  

 

Public Hearing:

 

                                    Jim Wagner

                                    Zach Decker

                                    Tim Gibson

                                    Janet Lassiter

                                    JC Tomas

 

Council discussion followed. 

 

Motion:               Council Member Cacioppo moved that this ordinance                               be repealed. 

 

Point of information from the City Clerk was given on the procedure that is in ordinance for repealing an ordinance.

 

Council discussion followed. 

 

 

  Motion:               Council Member Lassiter moved that consideration of these proposed amendments to be sent back to a work session so that proper procedures can be followed.

 

Mayor Unkel asked for clarification of Council Member Lassiter’s motion.

 

Council Member Lassiter stated he was making a recommendation. 

 

Mayor Unkel asked if Council Member Lassiter was making a motion. 

 

Discussion between Mayor Unkel and Council Member Lassiter.

 

 

Motion:                 Council Member Lassiter moved to repeal the                                            ordinance. 

 

Point of Order:      Council Member Nixon stated a point of order that you can not repeal something that has not been passed.

 

Motion:                 Council Member Lassiter moved that it go back to                                     committee or that it go back to work session.

 

 (Clerk’s Note:  The Clerk asked for clarification as to if that was a motion to postpone until the next work session.  Council Member Lassiter stated yes.)

 

Seconded by:        Council Member Cacioppo

 

ROLL CALL VOTE ON MOTION TO POSTPONE:

Yes:           Berry, Cacioppo, Lassiter, Unkel

No:            Howell, Marchbanks, Nixon

 

Motion Passes 4/3

 

 

§   2009-02NCO An Ordinance for the City of Gustavus providing for the amendment of the City of Gustavus Administration Budget for FY09.

 

Motion:               Council Member Marchbanks moved that the Council                             adopt Ordinance 2009-02NCO, a non code ordinance.

Seconded by:      Council Member Cacioppo

 

Council Member Marchbanks read 2009-02NCO

 

Public Hearing:  Janet Lassiter

                           Anne Gibson

                           Kim Ney

       

Council discussion followed. 

 

 

 

ROLL CALL VOTE ON MOTION:

Yes:           Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:            None

 

Motion Passes 7/0

 

(Clerk’s Note: Recess 8:37PM – 5 minute recess)

 

§   2009-03NCO  An Ordinance for the City of Gustavus providing for the amendment of the City of Gustavus administrative budget for FY09.  Clinic Donation

 

 

Motion:               Council Member Nixon moved that the City Council                                approve ordinance 2009-03NCO.

Seconded by:      Council Member Marchbanks

 

Council Member Marchbanks read ordinance 2009-03NCO

 

Public Hearing:              Judy Brakel

 

Council comments followed. 

 

ROLL CALL VOTE ON MOTION: 

Yes:           Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon

No:            Unkel

 

Motion Passes 6/1

 

 

§   2009-04NCO Road   An Ordinance for the City of Gustavus providing for the amendment of the Road Budget for FY09. 

 

Ordinance 2009-04NCO was read by Council Member Lassiter.

 

Motion:                        Council Member Lassiter moved to accept 2009-04NCO.

Seconded by:      Council Member Cacioppo

 

Public Hearing:  Janet Lassiter

                          Mike Taylor

 

Council comments followed.

 

 

ROLL CALL VOTE ON MOTION:

Yes:           Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:            None

 

Motion Passes 7/0

 

Resolutions:

§   Resolution 2009-02 Endowment 

Resolution 2009-02 was read by Mayor Unkel. 

 

Motion:                 Council Member Howell moved to adopt Resolution 2009-02 as read.

Seconded by:        Council Member Cacioppo

 

Council discussion followed. 

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

 

§   Resolution 2009-03 STIP 

Resolution 2009-03 was read by Mayor Unkel. 

 

 

Motion:                 Council Member Lassiter moved that we adopt

                             Resolution 2009-03.

Seconded by:        Council Member Cacioppo

 

Public Comment:  None

 

Council comments followed. 

 

Motion to Amend: Council Member Marchbanks moved to amend the title

                             to read “A Resolution for project nomination request

                             for the 2010 – 2013 Statewide Transportation

                             Improvement Plan”.

 

 

 

Seconded by:        Council Member Nixon

 

ROLL CALL VOTE ON MOTION TO AMEND:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

ROLL CALL VOTE ON AMENDED MAIN MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

 

§   Resolution 2009-04 Appropriation

 

Resolution 2009-04 was read by Council Member Marchbanks 

 

Public Comment:  None

 

Motion:                 Council Member Howell moved that we adopt

                             Resolution 2009-04 as read.

Seconded by:        Council Member Cacioppo

 

Council discussion followed.

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

§   Resolution 2009-05 Gravel Pit 

Resolution 2009-05 was read by Council Member Cacioppo. 

 

Public Comment:  None

 

Motion:                 Council Member Howell moved that we adopt 2009-05

                             as read.

 

Seconded by:        Council Member Marchbanks

 

Motion to Amend: Council Member Howell moved to take the 3rd whereas

and move it up to become the 2nd whereas and the 2nd whereas to be the 3rd whereas.  In the now 3rd  whereas insert “available; and” after fill.  The 2nd sentence in the now 3nd whereas will become a whereas.  In the now 2nd whereas strike the words Land Legacy acreage and insert “Nature Conservancy        

Land” and strike the next 2 sentences.

Seconded by:        Council Member Lassiter

 

ROLL CALL VOTE ON MOTION TO AMEND:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

ROLL CALL VOTE ON AMENDED MAIN MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

 

 

§   Resolution 2009-06 Community Garden 

Resolution 2009-06 was read by Council Member Lassiter.

 

Public Comment: Janet Lassiter

 

Motion:                 Council Member Lassiter moved that we approve                                       Resolution 2009-06.

Seconded by:        Council Member Marchbanks

 

Council discussion followed.

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

 

 

Policy for Publication:  None

 

Policy & Procedure for Public Hearing:  None

 

Unfinished Business:

 

§   2009-06NCO

 

Motion:                        Council Member Lassiter moved to suspend the rules for 2009-06NCO.

Seconded by:      Council Member Howell

 

ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES:

Yes:          Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:           None

 

Motion Passes:  7/0

 

Motion:               Council Member Lassiter moved to publish budget

                           ordinance 2009-06NCO

Seconded by:      Council Member Cacioppo

 

CONFLICT OF INTEREST:               Council Member Marchbanks                                                           declared a conflict of interest due to

                                                                 her business.

RULING:                                                   Mayor Unkel ruled that she does                                            have a conflict of interest.

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Nixon, Unkel

No:              None

Recused:     Marchbanks

 

Motion Passes: 6/0 with 1 recused

 

New Business:

§   Creation of Building Maintenance Budget

 

Motion:                 Council Member Marchbanks moved the council direct                                       the Finance Committee to establish a category                                          beginning in FY10 in the city accounts to provide                                        funding for maintenance and repair on city structures

                             and buildings

Seconded by:        Council Member Lassiter

 

Council discussion followed. 

 

ROLL CALL VOTE ON MOTION:

Yes:             Berry, Cacioppo, Howell, Lassiter, Marchbanks, Nixon, Unkel

No:              None

 

Motion Passes 7/0

 

 

Mayor’s Report:  None

 

City Clerk’s Report:

§   APOC Certified Financial Statements are due March 15th.

 

City Council Questions & Comments

§   Council Member Berry stands in favor of repealing Title 11

 

 

Public Comment on Non-Agenda Items:  None

 

Adjournment:

With no further business before the Council the meeting was adjourned at 9:59PM.

 

 

 

 

 

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