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2005-07-12~. MOUND CITY COUNCIL MINUTES JULY 12, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 12, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Liquor Store Manager John Colotti, Sid Inman, Norrine Forrest, Robert Forrest, Derek Hildebrandt, Tim Cross, Mary Opheim, Judy Krzmarzick, Cheryl Martin, Art Mason, Kristin Beise, Dick & Katie Hage 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 even the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda MOTION by Brown, seconded by Specht to approve the agenda. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Beise, seconded by Specht to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of June 28, 2005 and July 5, 2005 meetings. B. Approve payment of claims in the amount of $592,563.36. C. Approve Temporary On-Sale 3.2 Beer Permit for V.F.W. for festival on July 17, 2005, beginning at 4:00 p.m. D. Approve permission for consumption of liquor in Mound Bay Park on July 21, 2005 for City Employee Appreciation Event E. Approve Payment Request No. 2 from Buffalo Bituminous in the amount of $208,693.91 for the 2005 Street Reconstruction Project F. Approve Payment Request No. 4 from Magney Construction in the amount of $158,550.86 for Well #8 Pumphouse. G. Approve Contract for Department of Employment and Economic Development ~. (DEED) Grant for Lost Lake/Maxwell Properties Mound City Council Minutes -July 12, 2005 H. RESOLUTION N0.05-105: RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES 5. Comments and suggestions from citizens present on any item not on the agenda. Norrine Forrest, 1624 Finch Lane, appeared before the Council to appeal her dock permit being revolked because she didn't have a boat at her dock by the June 29tH deadline. Her dock lift motor was broken, along with inclement weather and she didn't get her boat in until June 30tH. She has been a resident of Mound and in the dock program for years and is following the city code procedure by writing a letter of appeal to the City Manager. MOTION by Specht, seconded by Brown to refer this appeal to the Dock Commission for consideration. All voted in favor. Motion carried. It was noted that Ms. Forrest will continue to use her dock until this matter is resolved. 6. Consideration/Adoption of Resolution Awarding the Sale of Approximately $3,875,000 Taxable GO Temporary Tax Increment Bonds, Series 2005D -- Mayor Meisel turned the meeting over to Acting Mayor Osmek because of a possible ~, perceived conflict of interest. Acting Mayor Osmek announced that the next order of business was consideration of the proposals which have been received for the purchase of the City's approximately $3,875,000 Taxable General Obligation Temporary Tax Increment Bonds, Series 2005D. Ehlers & Associates, Inc., the financial advisor of the City, presented a tabulation of the proposals that had been received in the manner specified in the Official Terms of Proposal for the Bonds. After due consideration of the proposals, Member Brown Ithen introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. 05-106: A RESOLUTION AWARDING THE SALE OF APPROXIMATELY $3,875,000 TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS, SERIES 2005D; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Member __,_ Specht, and upon vote being taken thereon, the following voted in favor thereof: Brown, Specht, Beise and Osmek; and the following voted against the same: None. Mayor Mound City Council Minutes -July 12, 2005 Meisel abstained from voting, whereupon said resolution was declared duly passed and adopted. Mayor Meisel returned to preside over the remainder of the meeting. 7. Public Hearing Case #05-36: CUP/Variance for drive-thru pharmacy pickup window: Applicant being Dave Leonard (Snyder's Drug Store) Sarah Smith reviewed the request by Snyder's Drug Store for a CUP to allow apick-up window on the west side of the freestanding building in Mound Marketplace, and a variance as required as drive-in businesses must be located 400 feet from a church/school/residential district. Mayor Meisel opened the public hearing at 7:50 p.m. and asked for public comment. The applicant offered to answer any questions. Osmek stated that at the Planning Commission it was brought up that adrive-thru there fits in with the building layout. Upon no further comment, Mayor Meisel closed the public hearing at 7:58 p.m. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-107: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FROM SNYDERS DRUG STORES, INC. TO ALLOW INSTALLATION OF A DRIVE-UP PICKUP WINDOW IN THE FREESTANDING BUILDING IN MOUND MARKETPLACE SHOPPING CENTER LOCATED AT 2125-2129 COMMERCE BOULEVARD. P&Z CASE #05-36. PID #14- 117-24-41-0088. 8. Liquor Store Manager John Colotti with Harbor Wine & Spirits Semi-Annual Report John Colotti presented a report to the Council with charts of revenue comparisons of 2003 through 2005 to date, along with store traffic numbers. He stressed that the store is recovering well from the CSAH 15 construction period in 2004. The report is available in the City Clerk's office. 9. Miscellaneous/Correspondence A. Questions or comments from Councilmembers -Brown asked the Boy Scout in the audience to introduce himself. Derek Hildebrandt came forward and informed the council that he is working for a star, then the Life Award, followed by Eagle Scout. He is attending the Council meeting to finish is citizenship merit badge. The Council welcomed him and thanked him for attending. B. Report: Contribution of Gambling Funds -Mohawk Jaycees ($2000 for Skate Park and $500 for Adopt A Green Space) Mound City Council Minutes -July 12, 2005 Harbor Wine & Spirits June 2005 and §340A.602 Update on Carbone's/bailey's Pub liquor licenses C. Correspondence: Andy Burmeister, Regional Affairs & Policy Liaison 10. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 8:18 p.m. All voted in favor. Motion carried. .. ti~~ Attest: Bonnie Ritter, City Clerk ayor Pat Meisel 4