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2014-07-08 CC Meeting MinutesMOUND CITY COUNCIL MINUTES July 8, 2014 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 8, 2014, at 7:00 p.m. in the council chambers of the Centennial Building. Members present: Mayor Mark Hanus; Council members Mark Wegscheid, Heidi Gesch, Kelli Gillispie and Ray Salazar Members absent: None Others present: Fin Dir /Clerk/Treasurer /Acting City Manager Catherine Pausche, John Beise, Theresa Malloy, Jay Green, Andy Weigman, Dedra Brey, Art Saunders, Peter Meyer, Cindy Pugh, Sheriff Richard Stanek 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 Pausche asked for item 7 on the agenda to be removed and item 7A to be added. MOTION by Salazar, seconded by Wegscheid, to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Salazar, seconded by Gillispie, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $214,666.73 B. Approve minutes of the June 24, 2014 regular meeting. C. Approve final pay request from Precision Seal Coating, Inc. in the amount of $9,407.50 for work completed on the 2014 Crack Seal Project, City Project No. PW- 14 -06. D. Approve water tower lease agreement with Verizon Wireless. E. Approve amendment to Temporary Sign Permit for Spirit of the Lakes Festival for additional banner locations with fee waived. F. RESOLUTION NO. 14 -52: RESOLUTION APPOINTING ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTION — AUGUST 12, 2014 AND NOVEMBER 4, 2104. Mound City Council Minutes —July 8, 2014 G. Approve Public Gathering Permit for River Valley Church at Surfside Beach and Park on August 10, 2014 with fees paid. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Visit by Hennepin County Sheriff Rich Stanek. Hennepin County Sheriff Rich Stanek distributed the Sheriff's Office 2013 Annual Report and did a Power Point presentation of the highlights and accomplishments. Mayor Hanus thanked the Sheriff's Water Patrol division for providing an escort of the fireworks barge through the channels during the festival. Hanus asked how much ground has been gained on the drug wars and what is needed to have a bigger impact. Stanek said the drug trade is fueled by market demand and that enforcement is more challenging in suburbs because people do not congregate like in the city. Stanek said that is why the Drug Task Force is so critical as well as community education with local service organizations. Stanek said prevention through education, not just enforcement, will make the difference. Hanus stated local forums have been held and Stanek thanked Salazar for his efforts in organizing them. 7. (removed). 7A. (added) Catherine Pausche, Acting City Manager, requesting a discussion on the Pausche explained the LMCD will be reconsidering a special event permit due to the no wake restrictions currently in place. The organizer, Andy Weigman, has requested the LMCD allow the event to proceed with some modifications. Hanus said his main concern is property damage and liability to the City regardless of the festival /event insurance. Hanus stated although damage to homes is unlikely, the lakeshore property is vulnerable to further erosion. John Beise, 3124 Tuxedo Boulevard and Chair of the Spirit of the Lakes Festival, stated the festival committee believes the lake level will go down. Beise made a case for allowing the event and Beise distributed an email he wrote to Greg Nybeck, Executive Director of the LMCD, which he felt relevant to the discussion. Jay Green, LMCD Representative, explained the LMCD emergency ordinance that was adopted to create the no wake and what will be required to lift it. Green said he struggles to allow an exception since they have not allowed it for private businesses. Gesch said it seems hypocritical that we are allowing an exception for an event that serves the City and area businesses. Green added the safety concerns and property damage are also factors. Gesch said the event is also many hours. Wegscheid said the boat does make a wake but questions if the three (3) day requirement should be enforced. Salazar stated concern over the duration of the event and whether or not winds or weather could cause other issues. Gesch stated she would be flexible on revisiting the number of days required to lift the ban. Hanus discussed the wave action. Hanus asked if instead of three day limit, consider raising the level from 930.0 to 930.4. Mound City Council Minutes —July 8, 2014 Gillispie questioned the Minnehaha Creek Watershed District (MCWD) water level prediction and when it will get below 930.0. Green said the three day requirement was written in the ordinance so that it could be automatically lifted without board action. Hanus said that also gives greater assurance the issue is resolved. Hanus said the probability of a significant rain event should be considered. Weigman suggested enforcement should be situational and only look at the bay that the event is in. Weigman requested the Mound Council make a statement about under what conditions a waiver should be granted. Salazar does not want to grant a waiver. Gillispie said if the direction of decline continues, she is in support of a waiver. Gesch said she wants to be consistent for all users, but is flexible on giving up on the three day requirement. Wegscheid agreed. 8. Information /Miscellaneous Mayor Hanus invited State Representative Cindy Pugh to address the Council. Pugh thanked the Council for all of the efforts regarding the waste water issue, particularly the responsiveness and communication efforts. A. Comments /reports from Council members /City Manager: Hanus said he sent a letter to The Laker indicating he would not seek reelection. Hanus summarized the contents of the letter and said the City's future is bright and positive. Hanus said he had done much of what he wanted to do and it is time for fresh blood and energy. Hanus wanted people to know in advance so they could consider running for office. Salazar thanked Hanus for his service. Pausche stated that candidate filing will take place from July 29th through August 12th at City Hall. B. Minutes: Planning Commission: June 3, 2014 C. Reports: D. Correspondence: 2014 Spirit of the Lakes Festival Schedule 9. Adjourn MOTION by Gesch, seconded by Wegscheid, to adjourn at 8:33 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk