November 18, 2013 Council Meeting

  1. CALL TO ORDER – Mayor Reinhardt called the meeting to order at 7:30 pm.
  2. ROLL CALL – Sippel, Williamson, Bren, Hughes, Reinhardt.
  3. INTRODUCTIONS – Reinhardt introduced the council and staff to the public.  Administrator Tolsma, Clerk Lewin, Attorney Beck, Engineer Pearson and various students of the high school government class.  Former city administrator, Jim Brimeyer.
  5. ADOPT AGENDAWilliamson makes a motion and Hughes seconds to adopt the agenda.  All votes ayes, motion carries.
  6. ADOPT CONSENT AGENDA – Hughes said under 6b., item 4, he has some questions.  Hughes asked if Mound has a community service officer who is still an employee of the City of Mound.  Reinhardt said this will be on the agenda at a future work session.  Tolsma said the CSO will probably be invited to that work session.  Williamson makes a motion and Bren seconds to adopt the consent agenda.  All votes ayes, motion carries.
    1. City Council Regular Meeting Minutes from November 4, 2013
    2. Administration Committee Minutes from November 13, 2013
  7. PUBLIC FORUM – No one.
    1. Resolution 13-21: Release of Letters of Credit For Presbyterian Homes Redevelopment Project –

Project Manager Jim Brimeyer said he is here for three reasons.  One to inspect the new streetlights and feels it’s a nice addition.  He said secondly to make the final report on this project and thirdly he gets a place set for the annual appreciation dinner.  Brimeyer said when the project started, letters of credit were required at 110% and when completed that amount could be reduced to 10%.  He said when it was finished in 2011 it was reduced to 5% because of  the infamous July 2011 rainfall and questions about storm water runoff as it related to it. 

Brimeyer said if there are no outstanding concerns, the funds could be released at this time.  He said $5,000 was held back for landscaping concerns and about $4500 remains because there are a couple of trees that haven’t made it and they are going to be replaced.  He said he recommends not releasing the escrow fees until they are planted.  Reinhardt said  Resolution 13-22 has as a condition the trees be replaced first.  Tolsma said he spoke with Belz and the tree plantings are lined up for tomorrow.  Upon looking at the site, the species of trees were not the right tree for that location for the amount of irrigation.  He said trees will be replaced that are more water tolerant.  Williamson asked about the two trees that are still alive.  Tolsma said those two are different than the three that died.  The recommendation is for linden tree plantings.  A warranty will be gotten for the landscaping.  Hughes moves approval of 13-21 and Bren seconds.  All votes ayes, motion carries.


    1. Resolution 13-22: Release of Escrow For Presbyterian Homes Redevelopment Project -

Williamson said as suggested by Brimeyer, the language seems clear but wonders if this was prepared by staff or the attorney.  Beck said she prepared it and Tolsma modified it to include the trees.  Hughes wonders about waiting another month after the trees are in and we know the exact number considering any additional costs.  Williamson agrees because there are outstanding issues.  Brimeyer said it’s not the dollar amount and more about closing this out.  He said a condition could be made that there is assurance that all has been paid, the trees are planted and there is a warranty.  Reinhardt said she’s comfortable adopting the resolution with the conditions.  Reinhardt moves approval of 13-22.  Sippel seconds.  Hughes said his question is something in the motion and an amendment friendly accepted that the city receives a copy of the warranty for the trees and we have documentation from subcontractors that they’re done with the project.  Brimeyer thinks that’s reasonable.  Reinhardt withdraws her original motion and Sippel agrees.   Reinhardt makes a new motion to approve Resolution 13-22 subject to a condition that the city is provided with documentation of a warranty on the trees and documents that the subcontractors have been paid the final amounts.  Sippel seconds.  All votes ayes, motion carries.

    1. Ordinance 13-03: An Ordinance To Enforce Coal Tar Sealant Prohibition –

Tolsma said in the 2013 session the State Legislature passed a law banning the sale and use of CTS coats used in residential seal coats of driveways.  He said they leave it up to cities and cities should adopt the model ordinance by the League of MN Cities.  Tolsma said Hughes thinks this has been previously discussed.  He said it might even be difficult to get this cold tar sealant anymore.  Hughes wonders about the enforcement process.  Tolsma said the police would probably be called and a citation could be written.  He said it’s a misdemeanor with a $1000 fine.  Sippel wonders how the police would even know it was cold tar sealant.  Tolsma agrees it would be difficult.  Hughes said he thought he heard Goman say someone was still using this product as soon as a year ago.  Tolsma said this could be further discussed at  work session, if necessary.  Hughes said he likes the ordinance but thinks it might be worthwhile to bring it up at a work session and have Goman weigh in on what the commercial people are doing.  Hughes moves approval of 13-03 and Williamson seconds.  Williamson said it’s already a state law.  He said we’re acting as a subdivision of the state.  He thinks it will be worthwhile to bring this to study session in order to discuss enforcement.  He thinks residents need to know this is on the books come spring.  All votes ayes, motion carries.

    1. Mayor and Council – Reinhardt said she got an email from our assessor Kevin Wynn with foreclosure listings for Hennepin County.  She said there was just one in Spring Park on Park Lane.  Hughes said the LMCD had the safety workshop last week as a trial run.  He said there are a few changes that need to be made.  He said it was well received. 
    2. City Administrator – Nothing.
    3. City Engineer – Nothing.
    4. City Attorney – Nothing.
    5. Utility Superintendent – Nothing.
    1. November 19, 2013 – LMCC – 5:00 PM – change is 5:30 pm.
    2. November 25, 2013 – Work Session – 7:00 PM – Reinhardt said this is also the night of the tree lighting.  She suggests a notice be put in the packet with timing information.
    3. November 27, 2013 – LMCD – 7:00 PM – This meeting has been canceled. 
    4. December 2, 2013 – City Council (Truth In Taxation) – 7:30 PM
    1. Bills & Payroll –

Sippel said he wants to ask about the payment to Leander Johnson.  He said it was for repair/replacement of sidewalk and a portion was related to street light.  He thought that was contracted through Granite Ledge.  He wonders if he’s mistaken.  Tolsma said he thinks Granite Ledge ended up using our sidewalk guy as a subcontractor of theirs.  Sippel wondered if Granite Ledge would be responsible for the payment to Johnson instead of the City, just so they’re not double paid.  Sippel said there was discussion about coupling some sidewalk repair and he wonders if this was for what was done in advance of the streetlights or in conjunction with the streetlights.  Sippel makes a motion to approve to pay the bills except withhold payment #27609 until clarification.  Hughes seconds.  All votes ayes, motion carries.


  1. MISCELLANEOUS (Information Only)
    1. October Fire Department Report
    2. Fire Department Press Release


  1. ADJOURNMENT – Williamson makes a motion and Hughes seconds to adjourn at 8:04 pm.  All votes ayes, motion carries.