2007-02-27MOUND CITY COUNCIL MINUTES
FEBRUARY 27, 2007
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Thursday, February 27, 2007, at 7:30 p.m. in the council
chambers of city hall.
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, Public Works Director Carlton Moore, Police Chief Jim Kurtz,
Fire Chief Greg Pederson, Amanda Schwarze, Jim and Amy Dailey, Floyd
Larsen, Scott Qualle, Dean Mau, Ken Perbix
Consent Agenda: All items listed under the Consent Agenda are considered to
be routine in nature by the 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 the item 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. Pled4e of Allegiance
3. Approve agenda
Hanus requested removing Item 4C from the consent agenda for possible
correction.
MOTION by Osmek, seconded by Beise to approve the agenda as amended. All
voted in favor. Motion carried.
4. Consent agenda
MOTION by Beise, seconded by Specht to approve the consent agenda with the
exception of item 4C. Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of the February 13, 2007 regular meeting
B. Approve payment of claims in the amount of $347,301.83.
C. (removed)
D. Authorize payment to Hennepin County in the amount of $2,250 for
remnant portion of parcel 3 on SCAH 15 project per ROW agreement
E. Approve contract amendment with Hoisington Koegler Group, Inc. for
consulting services for 2008 Comprehensive Plan Update
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Mound City Council Minutes -February 27, 2007
F. Approve Garbage Collection Licenses, contingent upon receipt of all
application forms, fees, and certificates of insurance, for Randy's
Sanitation, Allied Waste Services, and Waste Management.
G. RESOLUTION NO. 07-24: RESOLUTION RECOMMENDING
CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY
ACTION NETWORK (WeCAN)
H. ORDINANCE NO. 04-2007: ORDINANCE AMENDING SECTION 610
OF THE MOUND CITY CODE AS IT RELATES TO WATER METERS
4C. Public Lands permit for Floyd Larsen, 4617 Island View Drive
Hanus stated that the resolution reads that City Staff unanimously recommended
approval of the subject public lands permit, and thinks it should read that the
Parks, Open Space, and Docks Advisory Commission gave the unanimous
recommendation.
MOTION by Osmek, seconded by Specht to adopt the following resolution as
amended. All voted in favor. Motion carried.
RESOLUTION NO. 07-25: RESOLUTION TO APPROVE A PUBLIC LANDS
PERMIT FOR 4716 ISLAND VIEW DRIVE
5. Comments and suggestions from citizens present on anv item not on
the agenda.
Ken Perbix, 5575 Shoreline Drive, approached the Council asking when the
developer plans on doing in the Auditor's Road District, and if their contract with
the City has any time deadlines as to the development of that area.
John Dean explained that the developer has a contract with the HRA, not the City
and it does include the development of the Auditor's Road District.
Perbix expressed his concern over the time it is taking for anything to get done,
which is hurting the property owners in that area. He feels there should be a time
limit put on the development contract and if it can't be met, get another developer
in there that will start now.
Hanus stated he appreciates the comments and is aware that a lot of people are
being impacted and if he could speed it up, he would. The City is trying to push it
as fast as they can.
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Mound City Council Minutes -February 27, 2007
6. Public Hearing
Liquor License Violation (fourth) for The Dailey Group, Inc., d.b.a. Dailey's Pub
Chief Kurtz reviewed the violation, stating that during the weekend of February 9,
it was reported and confirmed by the Police Department that an advertisement
banner was hanging from the patio fence. This is a violation of the resolution
placing conditions on bailey's liquor license, which states that no signage or
banners of any kind will be erected or placed on outside fencing of the patio
except as approved by the City Council. Staff recommends a $300 fine for this
minor violation.
Dailey stated that the liquor licenses for bailey's Pub and Carbone's Pizzeria
were previously two separate licenses, and were combined in January of 2006.
He doesn't think it's right to count the violations before the combination as
violations on the present license.
After discussion it was determined that to date Dailey has paid a $1000 fine, and
the fee schedule calls for $500 for first offense, $750 for second and $1000 for
third. So in essence, Dailey should have paid a total of $1250 if charged for all
three previous offenses.
MOTION by Osmek, seconded by Specht to enforce this violation of the
resolution for operations of bailey's and Carbone's, and fine $300 per staff
recommendation, and that Council consider in the near future, clemency after a
certain length of time to allow owners to receive credit for good behavior or a
good record for a certain period of time. Beise offered a friendly amendment,
being in addition to the Council discussion on clemency at a future date, that the
Council also discuss whether this banner stipulation should be on this liquor
license, or should his banners be governed like every other business in town.
Osmek and Specht accepted the friendly amendment. Skinner stated that he
agrees with the $300 fine, but not how the motion is worded in relation to
violation of the resolution, as the resolution states conditions of the liquor license.
John Dean stated that if the motion is that it's a violation of the terms of the
resolution it leaves it open to interpret if that means that violation of the resolution
is violation of the liquor license. His opinion is that it is a violation of the liquor
license. Vote taken on above motion: All voted in favor. Motion carried.
It was noted that the public hearing was not opened.
Mayor Hanus opened the public hearing at 8:32 p.m.
Craig Goodrich, 1776 Lafayette Lane, spoke in favor of Dailey being able to hang
banners on the railing, as he promotes not only his own business but other
community events.
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Mound City Council Minutes -February 27, 2007
Mayor Hanus closed the public hearing at 8:38 p.m.
MOTION by Osmek, seconded by Beise to reconsider. All voted in favor. Motion
carried.
MOTION by Osmek, seconded by Specht to enforce this violation of the
resolution for operations of bailey's and Carbone's, and fine $300 per staff
recommendation, and that Council consider in the near future, clemency after a
certain length of time to allow owners to receive credit for good behavior or a
good record for a certain period of time, and that the Council also discuss
whether this banner stipulation should be on this liquor license, or should his
banners be governed like every other business in town. All voted in favor. Motion
carried.
7. Update from City Engineer Dan Faulker on status of current engineering
rp oiects
Dan Faulker of Bolton & Menk, Inc., presented an overview of 2006 projects
completed or to be completed in 2007, along with 2007 projects.
8. 2007 Lift Station Improvements
Dan Faulker reviewed the 2007 Lift Station Improvement Project.
MOTION by Specht, seconded by Beise to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 07-26: RESOLUTION ACCEPTING FEASIBILITY REPORT
AND ORDERING PLANS AND SPECIFICATIONS FOR 2007 LIFT STATION
IMPROVEMENTS
9. Joint Cooperative Agreement for Contract Management (Mound to assist
Minnetrista in purchase of fire truck)
MOTION by Osmek, seconded by Specht to approve the Joint Cooperative
Agreement for Contract Management between Mound and Minnetrista to provide
provision for Mound to assist Minnetrista in the purchase of a fire truck. All voted
in favor. Motion carried.
10. 2007 Appointment to Ex-Officio Trustees for Fire Department Relief
Assn.
MOTION by Beise, seconded by Osmek to appoint Mayor Mark Hanus, Finance
Director Gino Businaro and Chief Greg Pederson as the three ex-officio trustees
for the Fire Relief Board for 2007. All voted in favor. Motion carried.
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Mound City Council Minutes -February 27, 2007
11. Discussion/Review of proposed new rental reaulations and licensing
program and process
Greg Pederson stated that included in the packet is a summary version of the
proposed rental regulations and recommends that the Council refer this to the
Planning Commission for their review and recommendations. Scott Qualle and
Dean Mau of Waldron & Associates also were present and stated their support of
pursuing an ordinance regulating rentals and licensing of such.
MOTION by Osmek, seconded by Specht to remand the proposed new rental
regulations and licensing program and process to the Planning Commission for
their review and consideration. All voted in favor. Motion carried.
12. Miscellaneous/Correspondence
A. Comments/reports from Councilmember
B. Reports: Harbor Wine & Spirits -Preliminary Financial Report
C. Correspondence: Letter from City Manager regarding packets/document
signing
LMCC: Tips for Improved Meeting Recordings
WeCAN: Birthday Shelf
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13. Adjourn
MOTION by Specht, seconded by Osmek to adjourn at 9:30 p.m. All voted in
favor. Motion carried.
` /,G C~
Attest: Bonnie Ritter, City Clerk
Mayor Mark Hanus
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