2007-05-08MOUND CITY COUNCIL MINUTES
MAY 8, 2007
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, May 8, 2007 at 7:30 p.m.
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, Finance Director Gino
Businaro, Public Works Director Carlton Moore, Ken Perbix, Janie Skinner, Greg
Pederson, Cheryl Martin, Mary Tietjen, Amanda Schwarze.
Consent Agenda: All items listed under the Consent Agenda are considered to be
routine in nature by fhe Council and will be enacted by a roll call vote. There will be no
separate discussion on these items unless a Councilmember or citizen so requests, in
which event 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. Approve agenda
Mayor Hanus requested the addition of Item 9A, consideration of Resolution Approving
Mediated Settlement of Disputed Claim
MOTION by Specht, seconded by Beise to approve the agenda as amended. All voted
in favor. Motion carried.
4. Consent agenda
Specht requested the removal of Item 4B for discussion.
MOTION by Beise, seconded by Specht to approve the consent agenda as amended.
All voted in favor. Motion carried.
A. Approve minutes of April 24, 2007 regular meeting
B. (removed)
C. Approve Final Payment Request by EBI Drilling, Inc. in the amount of $5,211.35
for the Harrison Bay Watermain Crossing Project
D. Approve Payment Request No. 2 by Graham Penn-Co in the amount of
$486,552.57 for the Transit District Project
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Mound City Council Minutes -May 8, 2007
E. RESOLUTION NO. 07-43: RESOLUTION MAKING A SELECTION NOT TO
WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE
PURPOSES
F. RESOLUTION NO. 07-44: RESOLUTION APPROVING AMENDMENT AND
EXTENSION OF METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE
COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT
PROGRAM GRANT AGREEMENT
G. Approve Public Gathering Permit for Minnetonka Classic Bass Club weigh-in for
fishing tournament.
H. RESOLUTION NO. 07-45: RESOLUTION OF SPONSORSHIP AS RELATED
TO THE SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION
4A. Approve payment of claims
Specht questioned what the bill from Frank Madden & Associates for $1,224.60.
Businaro presented him with a copy of the bill.
MOTION by Specht, seconded by Beise to approve payment of the claims in the
amount of $280,579.54. Upon roll call vote, all voted in favor. Motion carried.
5. Comments and suggestions from citizens on any item not on the agenda.
Cheryl Martin, 2434 Commerce Blvd., stated that the Spirit of the Lakes Festival buttons
are now on sale.
6. Public hearing
Review and action on an Ordinance Amending City Code Sections 350.310 (Definitions)
and 350.670 (Allowable Uses -Business and Industrial Districts) of the City Code as
they relate to the Zoning Ordinance.
Sarah Smith informed the Council that this ordinance follows directive given to staff in
December of 2006 by the Planning Commission following an inquiry from a local
organization regarding placement of a garden shed to allow for storage of their lawn
maintenance equipment. The proposed ordinance amendment was unanimously
recommended for approval by the Planning Commission.
Mayor Hanus opened the public hearing at 7:41 p.m., and upon hearing no public
comment, closed the hearing at 7:42 p.m.
MOTION by Beise, seconded by Specht to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 06-2007: AN ORDINANCE AMENDING SUBSECTIONS 350.310
AND 350.670 OF THE CITY CODE AS THEY RELATE TO THE ZONING
ORDINANCE.
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Mound City Council Minutes -May 8, 2007
7. Fire Chief Greg Pederson reporting on the legal sale of fireworks.
Pederson presented the Council with the results of research directed by the council
regarding sale of fireworks out of a temporary structure. He found that it is unlawful for
the City to prohibit or restrict the display and sales of legal fireworks in either permanent
or temporary outlets that comply with National Fire Protection Association Standard
1124.
Hanus suggested that zoning restrictions should also be considered, and the fact that
parking in the area where the tent sales occurred last year is minimal, and by adding the
tent it took even more parking spaces away.
MOTION by Beise, seconded by Skinner to adopt the following recommendations of
staff:
a. Continue to utilize the existing/current City of Mound Fireworks Ordinance as
is until the review, updates, and improvements have been completed by city
staff and the revised ordinance is approved by the City Council;
b. Direct the city staff to review the current City of Mound Fireworks Ordinance
in detail and make any/all necessary improvements and updates including a
requirement for all retail outlets to comply with NFPA Standard 1124;
c. Upon completion of the additions and updates to the ordinance, submit the
updated ordinance to the City Council for approval;
d. In the end, continue to allow both permanent and temporary retail sales
outlets of legalized fireworks within the City of Mound (i.e., leave ordinance as
is currently) as per Minnesota State Statute 624.20.
All voted in favor. Motion carried.
8. Request for action granting authority to secure conditional purchase
agreements for a possible Public Works Maintenance Facility Proiect
Carlton Moore requested that the City Council authorize negotiation of conditional
purchase agreements with the three property owners willing to sell to the City for a site
for the proposed Public Works Maintenance Facility. He stated that this is strictly to find
out what site prices are and doesn't tie the city into any purchases.
Hanus and Osmek stated that they would like to see the architect's concept plans
before seeking prices on proposed sites.
MOTION by Osmek, seconded by Hanus to table this item until the first meeting in
June. The following voted in favor: Osmek, Specht and Hanus. The following voted
against: Beise and Skinner. Motion carried.
9. Closed Session -Purpose: Consideration of matter of pending litigation
At 8:19 p.m. legal counsel announced that the Council will go into closed session so
that they can be provided information and recommendation on how to proceed with a
pending litigation with Buffalo Bituminous on the 2005 Street Project.
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Mound City Council Minutes -May 8, 2007
The Council reconvened to open session at 8:44 p.m.
9A. Consideration/Action on Resolution Approving Mediated Settlement of
Disputed Claim
MOTION by Specht, seconded by Osmek to adopt the following resolution pursuant to
the closed session and direction of legal counsel. All voted in favor. Motion carried.
RESOLUTION NO. 07-46: RESOLUTION APPROVING MEDIATED SETTLEMENT
OF DISPUTED CLAIM
10. 2006 Comprehensive Annual Financial Report and Management Letter
MOTION by Osmek, seconded by Specht to acknowledge receipt of the 2006
Comprehensive Annual Financial Report and Management Letter and direct
Councilmembers to contact the City Manager if they have any questions regarding
such. All voted in favor. Motion carried.
11. Award of Certificate of Achievement for Excellence in Financial Reporting to
Finance Director Gino Businaro
Kandis Hanson presented the Certificate of Achievement for Excellence in Financial
Reporting to Gino Businaro, stressing that this is the 18th consecutive year that he has
received this prestigious award.
12. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers
B. Reports: Harbor Wine & Spirits -April 2007
Finance Dept -April 2007
Parks, Open Space and Docks Commission - 4/12/07
C. Correspondence: Gillespie Gazette newsletter
DARE open registration
13. Adjourn
MOTION by Specht, seconded by Hanus to adjourn at 8:54 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
7~ ~_--
Mayor Mark Hanus
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