2011-09-27 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
September 27, 2011
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, September 27, 2011, at 7:00 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Ray Salazar, Heidi
Gesch and David Osmek.
Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie
Ritter, Amanda Schwarze, James Reid, McKae Bailey, Evan Bailey, Tim lee, Jalyn Macy, Eric
Boser, Arie Bogaard, John Schulz, Terry Starr
Consent agenda: All items listed under the Consent Agenda are considered to be routine in
nature by the Council. There will be no separate discussion on these items unless a
Councilmember or citizen so requests, in which event it will be removed from the Consent
Agenda and considered in normal sequence.
1. Open meeting
Mayor Hanus called the meeting to order at 7:00 p.m.
2. Pledge of Allegiance
Mayor Hanus asked one of the students present to come up to the podium and introduce
themselves and identify what class they were representing. Arie Bogaard introduced himself
and stated that the students present were members of Mr. Kuehl's Advanced American
Government class. Hanus thanked them for attending.
3. Approve aaenda
MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor. Motion
carried.
4. Consent agenda
Osmek requested the removal of Item 4B, Payment of Claims
MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. All
voted in favor. Motion carried.
A. Approve minutes of the September 13, 2011 regular meeting and September 13,
2011 special meeting
B. (removed)
C. RESOLUTION NO. 11 -68: RESOLUTION APPROVING PUBLIC LANDS PERMIT
FOR PROPERTY AT 4601 WILSHIRE BOULEVARD
4B. Approve Payment of Claims
Osmek stated he requested that this item be removed from the consent agenda because he has
a bill included and he needs to abstain from the vote.
MOTION by Salazar, seconded by Gesch to approve the claims in the amount of
$1,620,009.73. Upon roll call vote, the following voted in favor: Gillispie, Salazar, Hanus and
Gesch. The following voted against: None. Osmek abstained. Motion carried.
Mound City Council Minutes — September 27, 2011
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Public Hearings
A Assessment hearing for delinquent sewer and water bills
Mayor Hanus opened the public hearing at 7:05 p.m.
John Schulz, owner of duplex at 3156 & 3170 Westedge Boulevard (PID #23- 117 -24 -34 -0059)
appeared before the council in protest of the proposed assessment of $1,222.66. He stated that
he has two issues: (1) that he sold the property on contract for deed but got it back last
September. This notice of hearing is the first notice he received on a late utility bill. He stated
he wasn't duly notified so that he could take care of this; (2) On the water bill history, on usage
of 63,000 gallons for one quarter — there was a lift station project in front of his property and the
seeding didn't take place so it was replaced with sod and his renter, Mr. Starr, was watering the
sod and that resulted in excessive usage and he wants an adjustment. He also requested more
time to pay the bill.
Osmek stated that he did some investigating into this matter and read parts of an email received
from the Public Works Director explaining the situation. Discussion followed with discrepancies
between Schulz story and the city staff explanation, resulting in the desire to continue this
discussion after more facts could be obtained.
Tim Lee, 821 Dutchman's Way, Watertown, appeared before the Council representing Klein
Bank, owner of three parcels on the proposed assessment roll (13- 117 -24-41 -0047, 13- 117 -24-
44 -0071, and 13- 117 -24-44 -0077) He stated that Klein Bank took over these properties on May
30, 2011, and feels that the collection of the delinquent bills should go to the previous owner
who enjoyed the benefit of this charge. Osmek stated that the Kline Bank has other methods to
collect these charges from the previous owner, but the City's only mechanism to assure
collection is through this assessment process.
Mayor Hanus closed the public hearing for all property PID's except PID #23- 117 -24 -34 -0059.
MOTION by Salazar, seconded by Gesch to continue the public hearing for PID 23- 117- 24 -34-
0059 until their next meeting, October 11, 2011, at 7:00 p.m. All voted in favor. Motion carried.
MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor.
Motion carried. It was noted that PID #23- 117 -24 -34 -0059 is not included in this resolution.
RESOLUTION NO. 11 -69: RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT
SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 6%
INTEREST
B Assessment hearing for miscellaneous assessments
Osmek reviewed the letter received from Dan Schroepfer, owner of 5031 Wren Road, PID #13-
117 -24 -13 -0053. The letter opposes the assessment on this empty lot, stating he did not
receive a warning this time (he received a warning on a previous incident and complied with
mowing himself). He also stated he feels he's being discriminated against unfairly because
there are other empty lots in the city that don't get this type of treatment and are left un -mowed
forever.
Mound City Council Minutes — September 27, 2011
Osmek stated that the ordinance in effect provides for expedient remedy of repeat offenders
and it is the owner's responsibility to maintain his property.
Mayor Hanus opened the public hearing at 7:38 and upon receiving no comment, closed the
hearing.
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 11 -70: RESOLUTION ADOPTING ASSESSMENTS FOR PROPERTY
IMPROVEMENTS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST
7. Discussion /action on Minnehaha Creek Watershed (MCWD) management of Aquatic
Invasive Species (AIS)
Mayor Hanus offered a substitute resolution for the one in the original packet, explaining that
this resolution, in summary, states that the MCWD should not be further empowered with more
authority over AIS without specific legislation granting such authority, legislated authority to a
state authority or a coalition operated on a statewide basis, and study and experimental AIS
regulatory authority be experimented on an area no smaller than three watersheds in size in
order to establish efforts best suited to an eventual statewide program.
MOTION by Hanus, second by Gesch to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 11 -71: RESOLUTION RECOMMENDING THE MINNEHAHA CREEK
WATERSHED DISTRICT (MCWD) NOT BE GRANTED AUTHORITY TO MANAGE THE
AQUATIC INVASIVE SPECIES (AIS) EFFORTS IN THE REGION
8. Information /Miscellaneous
A. Comments /reports from Councilmembers /City Manager
Osmek presented a handout, stating that he wants to make the record straight so there are no
questions regarding the allegations made by Greg Skinner in the 9/24/11 Laker. The handout
materials consisted of a memo from John Dean to Kandis Hanson, dated April 29, 2010,
regarding the legality of the acceptance of gifts from Skinner's retirement party. John Dean
stated that he was asked about the topic and prepared this memo and sent it to Hanson. He
never actually discussed the topic of gifts with Skinner or gave him advice, just wrote the memo
that sites the state statute regulations. City Staff, the City Council and the City Attorney all
indicated that they did not have any knowledge of a retirement gift received by Skinner, as
alleged in the 9/24/11 Laker. None of the four members of the Council had been made aware of
this memo prior to Greg Skinner's resignation of 6/30/10, and only received a copy of this memo
within the last 24 hours.
Also entered into the record were emails from City manager Kandis Hanson and City Attorney
John Dean, confirming they had no knowledge of this gift issue described by Greg Skinner in
the Laker, only that they were both aware of the 4/28/10 memo.
Osmek then stated that the answer as to who wrote Skinner's resignation letter, which was that
City Clerk Bonnie Ritter typed it on staff time and using city resources, but did not compose the
letter. It was composed by Skinner. An email from Ritter to Osmek was included in the handout
package and entered into the record.
Mound City Council Minutes — September 27, 2011
Osmek also stated that he doesn't know where Skinner's allegations of a connection between
the Gillespie Contract and a proposed police merger come from because he (Skinner) has
never been in any meetings on the proposed merger. Osmek asked both Councilmember
Gesch and Mayor Hanus if, at these public meetings, any discussion of this nature had taken
place. Both Hanus and Gesch confirmed that no such discussion had ever occurred. Hanus
stated that trying to align the Gillespie Contract with merging police services with Minnetrista is
bazaar. Hanus also stated that when Skinner resigned he had one story, and now he has a
totally different one. A copy of Greg Skinner's 6/30/10 resignation letter was also included in the
handout, which was originally received into the Council records at the 7/13/10 Council meeting.
Osmek asked John Dean if there is any gift that couldn't be refunded or returned. Dean
answered that there is not an instance he could think of where this real or perceived conflict
could not be resolved in this manner. The donor of the gift would not be resolved if returned, but
the recipient would. The recipient has the option to return or accept a gift. Osmek stated that
the 4/28/10 Dean memo gives clear definitions and that no member of the Council knows what
the gift was, from whom it came, or that it even violated state statute.
Osmek stated he just wanted this incident and the clarification of allegations made a part of the
record.
B. Reprots: Annual Take -Home Vehicle Report
C. Minutes: Planning Commission of August 16, 2011
D. Corerspondence: Mediacom letter dated September 7, 2011
MCWD letter dated September 8, 2011
9. Adeourn
MOTION by Osmek, seconded by Gesch to adjourn at 8:00 p.m. All voted in favor. Motion
carried.
Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk