MOUND 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 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 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.
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.
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 Project
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.
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.
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Mayor Mark Hanus
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Attest: Bonnie Ritter, City Clerk