November 19, 2012 Council Meeting

1. CALL TO ORDER – Mayor Reinhardt called the meeting to order at 7:30 p.m.
2. ROLL CALL – Stone, Williamson, Hughes, Widmer, Reinhardt
3. INTRODUCTIONS – Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Council Elect Bren, Engineer Pearson, Attorney Beck, Pam Belz from Presbyterian Homes.
5. ADOPT AGENDA – Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries.
6. ADOPT CONSENT AGENDA – Stone makes a motion and Widmer seconds to adopt the consent agenda. All votes ayes, motion carries.
a. City Council Meeting Minutes from November 5, 2012
b. City Council Meeting Minutes from November 9, 2012
c. Planning Commission Minutes from November 14, 2012
d. Administration Committee Minutes from November 15, 2012
7. PUBLIC FORUM – No one.
a. Resolution 12-23: Reduce Letters of Credit – Lake Minnetonka Shores – Tolsma said this is the second time for this resolution. He said a year ago the LOC were reduced to 10%, right now they are at 5% and next year they will be released. He said there are three LOC and they have met the requirements to reduce. Williamson moves for reducing the LOC to 5%. Stone seconds. All votes ayes, motion carries.
b. Resolution 12-24: Release Escrow Account – Lake Minnetonka Shores –Tolsma said there's been a modification after discussion and that is sentence one should read with a current balance of $20,629.26 as of the date hereof may be reduced to $2,000 because a couple of small costs for recording fees and review costs. Williamson agreed there are continued expenses just for review and filing costs and wonders how they arrived at the amount. Tolsma said Brimeyer decided on the amount and isn’t set on a specific number. Williamson makes a motion to change the resolution to read leaving $5000 in escrow instead of $2000. Stone seconds. Hughes wonders about the exact wording and thinks it should be reworded to something noting the current balance and authorizing it to be reduced to $5,000. Williamson rewords the motion to state the escrow deposit be reduced to $5000 and the balance in the account be released and returned to the developer. Reinhardt and Hughes agree that is a better clarification. All votes ayes, motion carries. Williamson said Pres Homes representative Pam Belz just arrived and Reinhardt informs Belz that both resolutions were passed.

a. Mayor and Council Celebrate Greater Mound Discussion – Mayor Reinhardt said this organization acts like a Chamber of Commerce. She said they are considering a name change to recognize the surrounding cities’ membership. She met with the president of the group, Bill Tyler. She said they are looking for other city support on this. She said they are looking for city involvement as well and wondered if they could possibly use city hall for their meeting space. Reinhardt told Tyler she would bring it to the council. Widmer said she likes the idea of a name change. She also likes the idea of hosting the meetings. She said in the past the communities have worked together and she would like to see that come around again. Williamson agrees with Widmer. He’s not in favor of using Tonka unless it is Upper Tonka. Widmer also would like to see meetings held at a time that is convenient for everyone. Reinhardt said Kandis Hansen, Mound’s City Manager, was the mover behind this organization being started.

Widmer said there is a new pharmacy in Spring Park and they are now officially open. Widmer said they also are owners of Watertown Pharmacy. Widmer said the new store is nicely laid out and well done. Widmer said the owner worked at Keaveny’s Pharmacy in Navarre many years ago. Williamson asks where the new pharmacy is located and Widmer said it's adjacent to the Ridgeview Clinic in Spring Park.

Williamson said he noticed in the news the announcement of the Rhodes Scholars and 32 recipients were selected. He said it's one of the most prestigious honors a student can get. He said two of them are from MN and one was an Orono graduate in 2008. He said he requests a resolution of commendation be drafted to not only the student but the public schools too congratulating them on this substantial distinction. The Orono scholar's name is Annie Whitely.

Williamson said there was an article in The Laker about underserved city considers leaving the LMCC. He said there was a presentation made with several quotes from the City of Medina. He said the article had substantial misstatement of fact in franchise renewal and the role of broadband. He said the LMCC plays no role in broadband. He said the federal government has rules and regulations produced and supported by the FCC. He said that local organizations that are franchised authorities, such as the LMCC, may only deal with t.v., video and systems. Anything to do with broadband and telephone is unregulated and therefore they cannot make decisions. He reads from the article that cities are requested to contribute to franchise fees and then turn around and contract with Mediacom in regard to broadband. He said that is a false statement. He said the idea that the LMCC is not proactive in extending service to sparsely populated areas is false. He said the cable companies want public subsidies to pay for extending services to others. He said the franchise fees stays local but the money paid for schedule of services, goes to Middleton New York and it does not stay local. He said federal law dictates what has to be done. He said records are kept in order to prevail for customer service requirements.

b. City Administrator – Nothing.
c. City Engineer – Nothing.
d. City Attorney Memo Regarding Vacant Council Seat – Beck said it’s difficult because this is technical and convoluted. She said when Tom Scanlon resigned, Jackie Stone was appointed until a special election was held. The special election was held at the general election but unfortunately the person who prevailed in that election passed away. She said this created a new vacancy. She said if it’s deemed the vacancy occurs after January, a special election would not have to be held because it would be less than two years. She has taken the position that the practical approach is the best way. She said if the vacancy is decided to occur now, a special election would have to be held at the next election and they would be electing a replacement for someone for approximately six weeks and also someone to serve the next term beginning that January. She believes the intent was to have Jackie Stone stay on through the year and the new council person would begin in January. She said the vacancy can be declared in January but a council person could be immediately appointed at that time. Reinhardt said she was hoping to take this time to advertise for the position, accept applications and appoint relatively quickly in the new year. She said it’s been discussed to accept applications through January 7th and conduct interviews and take action shortly thereafter. Reinhardt said in light of the upcoming holidays she would like to initiate this process as soon as possible. Hughes asks Beck about the legality of this process and Beck cautioned about the language used in the notifications process. Beck said language should be used such as there is an anticipated vacancy or the city expects there will be a vacancy, etc. Reinhardt asked about previous applications used for applying.
e. Utility Superintendent – Tolsma said Goman asked the council be informed about a program regarding the state of MN’s water infrastructure. He said there is a DVD available to learn about the water infrastructure of our state and cities.
a. November 20, 2012 – LMCC – 5:00 PM
b. November 21, 2012 – Fire Commission – 11:00 AM
c. November 26, 2012 – Work Session – 7:00 PM
d. November 28, 2012 – LMCD – 7:00 PM – Hughes stated this meeting is canceled.
e. December 3, 2012 – Council Meeting – 7:30 PM – Williamson said this is the levy certification and budget meeting. Reinhardt said residents have been mailed their property tax statement and residents who want to comment on the city’s budget are welcome to come. She said this meeting does not allow comment about property taxes.
a. Bills & Payroll – Williamson makes a motion and Stone seconds to pay the claims. All votes ayes, motion carries.
15. MISCELLANEOUS (Information Only)
a. MCWD Request for Input Concerning AIS Activities – Reinhardt explained a draft of stop-gap measures have been sent out. She said there is a short-time frame for this. She is looking for input from the council. Hughes said the LMCD set December 12th for a public hearing on the AIS five year study. He said there are some parallels and some differences. Reinhardt said the LMCD doesn’t address everything. Reinhardt wonders why there is a stop gap plan versus a plan. She feels we’re beyond stop gap. Reinhardt said she asked some clarifying budget questions. Williamson said he suspects there will be legislation introduced on a larger scale. He thinks a value should be attached and positions that should be pursued or defended.
b. October Fire Report
c. Emergency Management Training Opportunities – Reinhardt said this is for new council members of refresher for existing. She said this isn’t required but there is a training coming up in January. Hughes asked about a previous misidentified address. Tolsma said he'd follow up with Vicki at Mound Fire. There are two that the council would like to be followed up on. Williamson said it looks as though the false alarm fees are continuing to drop.

16. ADJOURNMENT – Hughes makes a motion and Widmer seconds to adjourn at 8:28 p.m. All votes ayes, motion carries.