April 16, 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, Engineer Ellingson, Attorney Beck
5. ADOPT AGENDA – Hughes makes a motion and Widmer seconds to adopt the agenda. All votes ayes, motion carries.
a. City Council Meeting Minutes from April 2, 2012 – Williamson has a correction to the minutes under 11a and wants Tolsma instead of Goman inserted and under item b, the word bares needs to be changed to bears.
b. Accept Planning Commission Minutes from April 11, 2012 – Williamson asked about non-conformities, redevelopment and eminent domain and about the part where it says “…cannot be a part of the condition for approval” Williamson thinks something is missing. He wants Brixius to review this for errors or omissions. Williamson makes a motion and Widmer seconds to approve the consent agenda with the noted changes. All votes ayes, motion carries.
7. PUBLIC FORUM – No one.
a. Mayor and Council – Reinhardt stated DJ Goman’s mother passed away and there will be a celebration of her life on Wednesday, April 18th from 3-6 p.m. Stone said at the police commission meeting the new drug is heroin and it’s very pure. She said the gateway drug is prescription pain killers. She said it might be worthwhile to think about disposing unused prescriptions if there is exposure to persons that might be tempted by this. Reinhardt reminded viewers of the medication disposal drop-off box at the Hennepin County Water Patrol in our city.
b. City Administrator
i. LMCD 2011 Annual Report Summary (PowerPoint) – Tolsma said this is a condensed version and a general background summary of the LMCD. He said demographics are included of the Lake community and highlights of 2011 are outlined. Also, upcoming projects are stated. Tolsma said AIS zebra mussels is the big concern going forward and watercraft inspections are being contracted out to assist with the inspection process. He said special event permitting was designated to the Water Patrol in 2011. Lake Minnetonka patrol hours are high and the next closest is the Mississippi River. Tolsma said the full report is available for examination. Hughes added a low water status was declared last week for Lake Minnetonka.
c. City Engineer
i. Well Repair Update & Special Meeting Date Discussion – Ellingson said presently there are two holes in the water plant after Bergeson Caswell pulled the pumps and motors and televised the wells. He said the parts have been stripped down and cleaned in order to review. He said the motors are in good condition and only need minor work. There is more wear on the pumps than what was anticipated. There’s about a $1,000 difference to recondition versus replacing so reconditioning is not considered an option. Ellingson said a hole was discovered in the threading of the pipe but said the 16” casing looks good. He said there’s a heavy mineral buildup that can be brushed out. He said there is as much as 70 feet of sand in the bottom of well. He said it’s not a surprising discovery. Ellingson said documents have been sent to five contractors for bids. He said all contractors are interested in bidding the job. Ellingson said quotes are due on the 27th and a special meeting will be called to award the project. Hughes said regarding the 16” casing, he wonders if brushing will damage the casing. Ellingson said no, it’s a light abrasion of the casing. Reinhardt wonders about calendars for April 27th, after 3:30. It’s agreed this works for the special meeting.

d. City Attorney
i. Special Event Ordinance Summary Publication – Williamson makes a motion and Hughes seconds to adopt the summary publication. Beck requests an amendment to the motion to state that the summary clearly informs the public of the intent and effect of the ordinance. Williamson accepts the friendly amendment and Hughes seconds. All votes ayes, motion carries.
ii. Public Purpose Expenditure Information – Beck said the League has a lengthy memo on this. Beck said cities can only spend money for public purposes. She said even though it’s a good cause, it might not be a public purpose, benefiting the community as a whole and it needs to be related to the function of government. Beck said the third thing to consider is cities have power to authorize under state statute. When there is not a specific statute, there is implicit authority in order to legitimize the purpose. MN Attorney General’s office has guidance and has issued opinions that a city cannot support sport teams, cannot sponsor groups such as boy scouts, etc. Beck said at the last meeting the question was asked about donating to the Spirit of the Lakes festival. Beck said the elected city council can determine what is a public purpose expenditure and what sort of services does a city want to provide to its residents. Beck said this isn’t so clear as the event is being held in Mound instead of Spring Park. She said this could be discussed in more detail at a work session. Beck said a request was also made from WeCan. She said if there are specific services that benefit residents of Spring Park, a contractual relationship could be defined. She suggests a work session. Williamson said on WeCan, this is a consortium of small communities. He said CDBG grants have been given to funding requests. Reinhardt said staff recently received a letter from WeCan soliciting donations.
e. Utility Superintendent
a. April 18, 2012 – Administration Committee – 10:00 AM (Moved From 4-11-12)
b. April 18, 2012 – Open Book Meeting (Attendance Not Required) – 6:00 PM – Residents can speak with the HC assessor regarding the property tax statements. Attendance is not required but, if there is a concern, the assessor must be contacted in order to review the property.
c. April 23, 2012 – Work Session – 7:00 PM
d. May 7, 2012 – Council Meeting – 7:30 PM
a. Bills & Payroll – Williamson said there is an article for Mound’s Centennial book. This request came to staff in February when there was not a meeting. Beck confirmed there is city discretion for something like this and Reinhardt stated there wasn’t a meeting scheduled in order to approve this. Williamson asked about Ehlers and Associates for a TIF note analysis and wonders why Ehlers performed this. Tolsma said there is a typo and this relates to Lakeview Lofts, not Presbyterian Homes. Tolsma said this came about with Bruce Kimmel to have a comprehensive review of this. Williamson said he isn’t concerned then as long as it isn’t for Pres Homes. Williamson asked about Mary Pat McNeil for the e-newsletter. Williamson thought this was discontinued and Reinhardt stated this is for the electronic newsletter that goes out quarterly. Tolsma explained there are several days in which there is a close working relationship with McNeil to produce this electronic document. Hughes wondered if this is an hourly basis or a flat fee. Tolsma said it’s hourly. Hughes thinks this can be discussed further at a workshop. Williamson makes a motion to pay the bills. Stone asked about Michael Klein for the spring clean up. Tolsma explained it’s the spring clean up of city properties. Stone asked about 4100 Spring Street for electrical and Tolsma refers them to the detail where it explains it is for street lights and lift stations. Stone seconds Williamson’s motion. All votes ayes, motion carries.

15. MISCELLANEOUS (Information Only)
a. MNSPECT Minute
b. Police Report
c. Tour de Cure Memo – American Diabetes Association is proposing a bike tour on the trail in June. Tolsma said the letter was discussed with the applicant and was informed a special event permit application would be necessary. This was received and it will be included in the work session packet. He said it’s an event that’s been done for several years but they are looking to change the route. Hughes asked about the number of riders. Tolsma said there is a count included in the application. Williamson said all applications need to be treated by the same standards.
d. LMCD Low Water Declaration – Hughes encourages those with questions to go to the website to download the specifics. He said it’s complex. Widmer said a new bridge is going in over the Forest Lake Channel so there will be some traffic pattern changes.

16. ADJOURNMENT – Stone makes a motion and Widmer seconds to adjourn at 8:30 p.m. All votes ayes, motion carries.