1999-01-26 MINUTES - MOUND CITY COUNCIL - JANUARY 26, 1999
The City Council of the City of Mound, Hcnn~pin County, Minnesota, met in r~§ular g~asion
on Tuesday, January 26, 1999, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: Mayor Pat Meisel, Councilmembers Andrea Ahrens, Bob Brown, Mark
Hanus, and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City
Attorney John Dean, City Attorneys Karen Cole and Mack LeFevre, City Clerk Fran Clark and
the following interested citizens: Tim Becket, Gina and Mark Smith.
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
APPROVE AGENDA. At this time items can be added to the Agenda that are
not listed and/or items can be removed from the Consent Agenda and voted upon
after the Consent Agenda has been approved.
Mayor Meisel requested adding an item to the Agenda after the Executive Session as follows:
Action to formalize the City's withdrawal from the WCCB.
Councilmember Brown asked that the Committee of the Whole Minutes be removed from the Consent
Agenda.
Councilmember Weycker asked that the Minutes from the January 12th City Council Meeting be
removed from the Consent Agenda.
*CONSENT AGENDA
MOTION
Weycker, Ahrens, unanimously.
*1.0
SET PUBLIC HEARING REGARDING PROPOSED
TELECOMMUNICATION ORDINANCE
(SUGGESTED DATE: FEBRUARY 9, 1999).
MOTION
Weycker, Ahrens, unanimously.
AMENDMENTS TO
*1.1
SET PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT REVIEW OF
EARLY CHILDHOOD FAMILY EDUCATION (ECFE) LOCATED AT SHORELINE
PLAZA
(SUGGESTED DATE: FEBRUARY 9, 1999).
MOTION
Weycker, Ahrens, unanimously.
'1.2
'1.3
'1.4
*1.5
*1.6
'1.7
City Council Minutes - January 26, 1999
SET PUBLIC HEARING FOR COMMUNITy DEVELOPMENT BLOCK GRANT
¢CDBG} PROGRAM,
(SUGGESTED DATE: MARCH 9, 1999).
MOTION
Weycker, Ahrens, unanimously.
RESOLUTION 99- RESQLUTION AUTHORIZING SUBMITTAL OF 1999 GRANT
APPLICATION FOR RECYCLING AND EXECUTION OF GRANT AGREEMENT,
RESOLUTION NO. 99-10 RESOLUTION AUTHORIZING SUBMITTAL OF 1999
GRANT . APPLICATION FOR RECYCLING AND
EXECUTION OF GRANT AGREEMENT
MOTION
Weycker, Ahrens, unanimously.
SET BID OPENING FOR AUDITOR'S ROAD IMPROVEMENT PROJECT.
(SUGGESTED DATE: FEBRUARY 25, 1999, 11 A.M.).
MOTION
Weycker, Ahrens, unanimously.
SET BID OPENING FOR NORWOOD LANE IMPROVEMENT PROJECT.
(SUGGESTED DATE: FEBRUARY 25, 1999 11 A.M.).
MOTION
Weycker, Ahrens, unanimously.
APPROVE TREE LICENSE FOR OSTVIG TREE, INC.
MOTION
Weycker, Ahrens, unanimously.
PAYMENT OF BILLS.
MOTION
Weycker, Ahrens, unanimously.
67
1.8
City Council Minutes - January 26, 1999
APPROVE THE MINUTES OF THE JANUARY 12, 1999, REGIJLAR MEETING,
Councilmember Weycker asked that the discussion on the following items be added to the Minutes: 1. Appointment of Mark Hanus as Acting Mayor for the year 1999.
2. Appointment of Council Representatives to various Commissions for 1999.
APPROVE THE MINUTF~ QF THE JANUARY 19, 1999, COMMITTEE OF THE
WHOLE MEETING,
Councilmember Brown asked that under City Council Seating on page 1 of the COW Minutes, the
second paragraph be done verbatim so that his reason for asking that the tape be turned off is related
in the minutes.
MOTION made by Weycker, seconded by Brown approve the minutes of the January
12th and 19th Meeting Minutes, as amended above. The vote was unanimously in favor.
Motion carried.
1.9
ACKNOWLEDGE RECEIPT OF REPORT AND SCHEDULING DATE FOR
CONSIDERATION OF RECOMMENDATION. RE: APPEAL OF TIMOTHY BECKER
AND DALE AND LORELL BECKER,
The City Manager explained that the City now has the Hearing Examiner's Findings of Fact,
Conclusions of Law and Recommendation in the Appeal of Timothy Becker and Dale and Lorell
Becker relating to wetland delineation and Exemption on four lots in the City of Mound. He stated
the City Attorney has recommended that the Council do two things tonight.
Receive and acknowledge receipt of the Report of Hearing Examiners, along with the
transcript and exhibits from the hearing, as the record of the proceedings.
Water
2. Set a date and time for the meeting of the Council for consideration of the Report, with
an opportunity for both the Beakers and City Staff to address any objections to the
Report. This would be an opportunity to review the record and hear arguments based
on the record. It would not be an opportunity for new evidence to be offered. The
parties had the chance to offer all evidence at the hearing. The City Attorney
recommended that the Council consider heating this matter at a special meeting. He
further recommended that the Council establish a deadline (one week before the
meeting), for any written objections to the Report or other written comments to be
submitted to the Council. At the meeting, the Council would consider its final action
on the Report. That is, whether to:
a) accept the Report and affirm the denial by City Staff of the grading permit;
b) reject the Report and approve the grading permit; or
c) modify the Report and take other action.
These are things that need to be done before the Report is passed on to BOWSR (Board of
and Soil Resources).
MOTION made by Hanus, seconded by Weycker to receive and acknowledge receipt of
the Report of Hearing Examiners , along with the transcript and exhibits from the
hearing, as the record of the proceedings. The vote was unanimously in favor. Motion
carried.
68
City Council Minutes - January 26, 1999
The Council discussed dates and times for a special meeting to consider the Report.
Brown asked if the neighbors within so many feet need to be notified of the special meeting. The City
Attorney stated that they did not need to be notified by law.
MOTION made by Brown, seconded by Ahrens to set February 10, 1999, at 6:00 P,M.
for a Special City Council Meeting to consider the Hearing Examiner's Report on the
Becker Case. The vote was unanimously in favor. Motion carried.
The City Attorney suggested that the Council review the hearing transcript, exhibits, and Hearing
Examiner's Report, prior to the meeting. The City Attorney will work with the City Clerk in sending
out a notice to the Peckers of the time, date, and the process that will be followed at the hearing.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRK.qENT,
Tim Becker, 6919 North Shore Drive, EauClalr, Wisconsin, presented the Council with a
memorandum on the following subject: "The Hearing Examiner's Report is incorrect, misleading and
totally biased. A Council members vote would be corrupt if they use her Report because he report
misrepresented the facts."
1.10 EXECUTIVE SESSION; STATUS OF PENDING LITIGATION,
The City Attorney explained that he has two other lawyers with him, that are representing the City
in the following pending.litigation:
1. Netka vs. the City of Mound; 'and
2. The Woodland Point litigation.
Karen Cole and Mack LeFevere would like to discuss issues involving those two litigations with the
City Council.
Councilmember Weycker removed herself from the Council on the Woodland Point litigation.
The Council went into Executive Session at 8:10 P.M. to discuss the status of the above pending
litigation.
The Council returned from Executive Session at 9:35 P.M.
The City Attorney. explained that the City's attorneys wanted to update the City Council on the two
items of litigation. The Council was given a report and discussed certain options. The attorneys
received direction from the City Council on how to proceed.
1.11 ADD ON ITEM: WITHDRAWING FROM THE WCCB
Councilmember Hanus stated that he feels the proper thing would be to clarify withdrawing from the
project because the WCCB may have to continue to operate'to settle business matters. The Council
agreed.
City Council Minutes - January 26, 1999
The City Manager summarized as follows:
1. The City Council, City Planning Commission, the School Board and the WCCB met
last night for the purposes of looking at the proposed project for the renovation of the
existing Westonka Community Center. There were also a number of residents present
at that meeting.
Following discussion, the School Board indicated that they were unwilling to continue
looking at this project if the City Council was unwilling to continue looking at this
project. They were of the opinion, collectively, as well as individually, that if this
project is not going to proceed with the City Council's support, that they would not be
interested in working with the City Council on this project or any other project.
The Council took no action at the meeting last night but, asked that this item be placed
on tonight's agenda for discussion for the purpose of withdrawing from the project and
formalizing that withdrawal in the form of a motion and/or resolution.
The City Manager stated that he felt what was intended was to discuss options that the City Council
has, relative to a community center and provide some direction to Staff, in that regard.
Councilmember Ahrens stated she has concerns about hastily writing up a blanket resolution to cover
the withdrawal. She asked for he City Attorney's opinion.
The Council voiced concerns about the following:
financial considerations that need to be worked out;
property that was purchased without the authority of the WCCB and whose liability is
that now?; and
the School District needs to know whether to close on the bonds on Thursday.
Councilmember Hanus suggested adopting a motion tonight that would indicate to the School District,
the City Council's intent to withdraw. This would give them clear direction of the Council's
intention. Have Staff draw up a resolution to withdraw which would come back at the next City
Council Meeting for approval.
The Council discussed not being able to come up with solutions to the financial aspects of the project
tonight. There are too many unknowns that need to be researched.
The City Attorney stated that he has spoken to the School District's Bond Counsel today and the bond
deal is over. There will be no closing. The bonds will not be sold. The potential buyer of the bonds
has been notified of that fact.
Councilmember Brown would like to see the Joint Powers Agreement that was entered into by the
City and the School District. The City Attorney gave him one. He stated he was under the
impression that the way this was drafted, if the project did not proceed, the City would not be on the
hook for the money. Councilmember Hanus stated he is familiar with the Agreement and it really
addresses parting ways after the project is complete, not during or before.
The City Attorney pointed out that there is a provision for dissolution.
City Council Minutes - January 26, 1999
The City Manager stated that there have been a number of expenses that have been paid out with
regard to the project. He pointed out that it all depends on where you start the clock because you
could go all the way back to April of 1997, when the project was first talked about, pre-referendum
days, and a lot of those expenses were borne by the City. The City and School District shared in the
cost of a survey. He thought we paid for the architect to do the preliminary cost estimate and some
of those things.. But, if you go back to July or August of 1998, when the contracts were signed with
the construction manager and the architects, that's really when the expenses started to roll up because
we started into the preliminary design, budgeting, etc., to bring us where we are today. There have
been some numbers thrown out at WCCB Meetings, relative to that. The City Manager did not know
what the City Attorney's advise would be but, would guess that he would ask the Council to wait to
make any kind of statement or reaction to such a thing, should the School District decide that they
want to invoice the City for those costs.
The City Manager stated that as far as the land purchase that was made, as well as the other expenses,
that have been 'paid out, the School District was banking on the fact that the bond issue would' pay for
those costs. His understanding of the finances and how they've done it, is the original bond issue of
$1.9 million, which is somewhere about $1.4 or $1.3 million right now, is probably the fund that they
used to cover that with the anticipation that the funds from this bond sale would go back. He does
not know this for sure but, that would be his guess. The City Manager asked that the City Attorney
research and address whether the City has legal liability for this money.
Councilmember Hanus stated that he informed the Board members, the day before closing on the
additional property, that they may be purchasing this at their own risk because the conditions had not
been met yet for the approval.
The City Attorney suggested that the Council direct the City Attorney to prepare a resolution of
withdrawal, for consideration at the next City Council Meeting. This would let the School District
know what action has been taken. He suggested that we word the withdrawal language in such a way,
as to minimize any potential liability for the City of Mound. He further suggested language be
included disposing of the land use applications currently pending before the City.
MOTION made by Brown, seconded by Ahrens to direct the City Attorney to prepare a
resolution of withdrawal, for consideration at the next City Council Meeting. Language
to be included disposing of the land use applications currently pending before the City.
Councilmember Hanus stated he would like to offer a friendly amendment and see if
it flies or not. "To add to that also, and I don't think it would be a separate action,
to direct Staff to gather the financial data necessary for the Council to start deliberating
over the finances that are hanging on this project. Also come up with some
suggestions. '
The City Attorney suggested that the Council act separately on this point. He stated
that he assumed it is not the Council's intention to create an impression that the
Council is of the belief that it is, in fact, obligated to pay any money at all. Hanus
agreed. Hanus would still like to know the numbers.
Councilmember Ahrens stated. "Maybe really, what you are asking for is what the
financial status is of the project and what's been incurred, not whose responsibility it
is?" Councilmember Hanus agreed. Hanus stated he is not trying to indicate any
responsibility, in anyway.
71
City Council Minutes - January 26, 1999
Councilmember Weyckcr stated. ~I thought that's what we were going to cover
tonight, as information in deciding if it truly was going ..... or if that's what we were
going to do hcrc wa~ truly stop thc proj~t, what ramifications do~s it have? What
other solutions do we have? I guess I 'thought that's what was going to happen
tonight. ~ ~
Mayor Meisel stated that she too thought that some of this would be covered tonight.
Councilmember Hanus stated that the Council could talk about some of that.but he
doesn't know if we are really prepared because we don't have a lot of that data, yet.
We are trying .to give some kind of a response to the School District.
Councilmember Weycker stated that at the same time we are responding to something
we don't have the data to respond to, i.e. if it's going to cost $2 million to back out
of the project, are we still willing to back out? She felt that was an exaggerated
number but, those issues need to be discussed.
Councilmember Brown stated. "Basically, my motion is just directing John Dean to
proceed to prepare a resolution to be considered at the next meeting, with an
amendment on the disposing of the land use applications currently pending before the
City."
Councilmember Hanus. "While that sends a message to the School Board and really
tells them where we're at, it really doesn't truly obligate us. If, by some chance, we
found that it was too much or it affected our decision to the point where we would
change our mind, we could still change our mind, because we have not adopted the
resolution. Quite frankly, I don't see that happening but ...... "
Mayor Meisel stated. "I want some time to look over the Joint Powers Agreement
which I have not seen or read. I need to understand more. On the off side of it, I do
back the resolution as far as stepping back from it and reviewing it. I also want to
know the ramifications but, if we don't have the data to study it tonight and really look
at it, as far as dollars and the City's involvement, perse, I would be willing to vote to
let the School District know that we are considering withdrawal and this is where we're
at. I do want time to cover all these things."
Councilmember Hanus. "As do I. But, like I say, it's difficult to discuss it when you
don't have the data."
Mayor Meisel. "I've got little bits and pieces, but only since January 12th. I do want
the same time that you're talking about, Leah."
Councilmember Weycker. "And what I'm concerned about then is voting for the
motion, or voting for a resolution. I feel like I can't vote for that. You know what I
me, ail."
Mayor Meisel. "See, one of the reasons, too, that I even asked that we even put it on
the Agenda tonight was that the School Board wanted something by tomorrow, based
on the bond sale. Now, if they've stopped the bond sale, then how important is it that
we do this?"
72
City Council Minutes ~ January 26, 1999
Councilmember Ahrens. "That's the impression that I got last night from them was
that .they absolutely needed us to do something official and,that's why when John tells
me that sale of the bonds has been stopped, this makes me curious. *
Councilmember Hanus. "I did state last night,'at the close of 'the meeting, that they
will be getting a report tomorrow, from us, as to the status of what we decided."
Mayor Meisel. "And that's the reason we added it to the Agenda tonight."
City Manager. "I was also asked today, by the'Superintendent~ if the Council was
going to take some formal action tonight. She encouraged that to happen. That some
action be taken."
Councilmember Weycker. "Well, they want it to be somewhere."
Councilmember Hanus. "Keep in mind that voting for this motion does not mean
you're voting for the resolution. It's only voting to prepare the resolution, which is
somewhat noncommittal.
Councilmember Ahrens. "This voting to prepare something, in no way, obligates one
to vote yes or no on the resolution..."
Mayor Meisel. "Because there is a lot of missing data."
Councilmember Weycker. '"Yeah, and I think I'm on the record of supporting it and
have continued to and so I want to see the ramifications of stopping it. If I don't have
Council's support on the whole project, why should I continue to vote for it? But, at
the same time, I don't agree with the decision and I want to know a lot more
information."
The vote on the motion was unanimously in favor. Motion carried.
The City Manager asked the Council what they would like the Staff to do in preparing this resolution?
"What do you want us to prepare? What numbers are you talking about? Should there be options
that we should be looking at? The reason I'm asking these questions and I don't, mean to make this
sound hasty but, the fact of the matter is, that if the School District proceeds now to do something
with that property, and all the tenants are asked to vacate, to what extent is the City obligated to help
in that matter? There needs to be more than just preparing a resolution." The City Manager felt
there needs to be some form of direction tonight so that the Staff can work on something to bring back
to the Council.
Mayor Meisel. "You're saying the School District is giving notice to tenants?"
City Manager. "I don't know that for sure, but they've talked about that, if the results of last night's
meeting came out the way they came out. That was prior to that meeting, so, I have a hunch that that
might be happening or in the works."
Mayor Meisel. "What kind of a time frame?"
73
City Council Minutes - January 26, 1999
City Manager. "I heard 30 to 60 days in previous discussions, that they would give notice. It may
not be that. It might be longer but, I don't think we want to delay too long, is what I'm saying."
Councilmember Weycker. "I think those are some pretty critical issues as well and maybe we need
to schedule another separate meeting to address them, if it needs to be done that fast."
Councilmember Brown suggested putting this subject on the next COW Meeting Agenda, February
16th.
The City Manager again asked for some kind of direction so Staff can start preparing some
information.
The Mayor again asked for a copy of the Joint Powers Agreement.
The Council discussed a couple of other options for a community center..
Councilmember Brown stated that last night he heard someone commenting that we have a pretty
dilapidated Williams Store. One house is abandoned on the left side of it and the house on the right
could be purchased. What a gorgeous spot to build a real community center overlooking the new
dredged Ix)st Lake area.
The Mayor asked the Council to give staff direction on the information and data that the Council
would like to discuss at the COW Meeting.
Councilmember Brown stated that there are alternatives for the services that would have to leave the
current community'center. The part of the Balboa Building that was vacated by Toro is one
alternative. The old Country Kitchen building in Spring Park. The Mayor stated these are avenues
that need to be explored.
Mayor Meisel. "If we continue with this, we do have the displacements and the one thing that none
of us want to see done, is the Seniors being put out in the street. ~
Councilmember Hanus. "The other possibility or variation again on that. You talk about the Balboa
Building and I don't know if this would work at all but, help facilitate the groups getting together.
This is just temporary now, just getting together and kind of collectively consolidating into more or
a single area and getting into Balboa and getting a single lease under a blanket kind of a thing with
numerous groups pooling together to get a single lease in a single area. It would be inconvenient. It
would not be what they're looking for certainly but, it might keep them alive for awhile, until
something better can be worked out. It depends on how quick the plug might get pulled. That might
be a very temporary thing to talk about."
Councilmember Brown. "The reason I brought it up is strictly because I care about the Seniors as
much as anybody here and I know we ail do. The last thing you want, as a Councilmember, is one
of your senior constituents coming up to you and saying, what are you doing throwing me out of my
building? This way at least, you can say to them. Yes, we're out of that ........ We're planning on
getting out of this but, we are already thinking about you. We are already planning and working to
make sure you aren't just thrown out with the bath water."
74
City Council Minutes - January 26, 1999
Mayor Meisel. "Is there a way that we can ..... ? The School District made their statement last night,
that they would like something from us as of tonight's meeting. Can we, as well, request something
from the School District? What their plans are? We're talking 30-60 day notice. Is that really where
they're at? We have a hunch."
Mayor Meisel. "As long as they're putting us on the spot for a decision.
Councilmember Hanus. "I think that's very appropriate, not only to ask what their plans are with.tbe
tenants but, what their plans are .... as to the dissolution of.., just encompass the whole .thing? The
dissolution of the WCCB and how they Want to work with us to work that out and settle that."
Mayor Meisel. "Now, does that get drafted as a letter from Staff and City Council? Does it get put
into an action form?
City Attorney. "My suggestion would be in the form of a letter.
Mayor Meisel. "Ed, will you handle that, please?"
City Manager. "Sure."
Councilmember Ahrens. "Can I just ask a question? When I heard that 30-60 days. Is that how
much notice they give you? So conceivably tomorrow they could hand out notices to the seniors and
they would have to be out 30 days from tomorrow, or 60 days from tomorrow.?"
Councilmember Hanus. "Gee, that sounds odd to me because the District has to stay in those offices
yet for some time. I mean, they don't have a place, unless they're going to go lease a place
somewhere. I suppose they could do that."
The Council does now know what the plans are and that's why they were asking the questions.
Mayor Meisel. "That's why I thought, in fairness, they asked us to give them some definite ways.
Can't we expect that in retUrn?"
Councilmember Weycker. "Actually, I work in the youth center in that building and it is
progressively getting worse. I think there has been huge concern, by the School District and all the
tenants in there, that it is getting too bad to occupy and if it's going to just drag out or if they see it
already coming to a stop, I think there's just no sense for them to stay and they would take the
temporary measures, I would guess. I haven't spoken to them but, from working in there, there are
more and more buckets by the day. Heaters are blowing up. I don't think they want to stick another
dime in there, if they don't have to."
Mayor Meisel. "That means we should have stuck dimes in it a long time ago."
Councilmember Ahrens. ".What was the construction... If the project would have proceeded, when
was construction sCheduled to begin?"
City Manager. "About the fall of this year. Late summer, early fall. They had their phases."
Councilmember Weycker. "Asbestos removal was starting in March."
75
City Council Minutes - January 26, 1999
Councilmember Ahrens. "That was where I was going with my question. At what point were they
intending that the building was going to be vacant, if the plan were to be going forward, right now'?.
When wcrc they all suppose~ to I~ out?"
City Manager. "It was going to be phased. So you could stay there while the construction was going
on."
Councilmember Hanus. "People would be moving around. Nobody was going to move out at all,
completely. They were going to move around the construction."
City Manager. "They were talking about doing it in two phases where they could move out certain
groups so they could get it done faster and cheaper but, no one had a solution to that."
Councilmember Weycker. "One group was going to move out., the Head Start had chosen to move
out."
Mayor Meisel. "O.K., so what would we like to request of Staff for the COW Meeting?
Councilmember Hanus. "I think, starting from where we are now. Now that we have this letter that
we've talked about. First of all, a response from the letter is the first thing, from the School District
and depending on what's in that letter, depending on what they're suggesting or requesting .... any
applicable background data, numbers, 'whatever, that would address what they are talking about in
their response. That's somewhat ambiguous but, until we know what they are going to respond with,
we don't know what we need."
City Manager. "I asked John earlier, Should we be talking about numbers when we...? Should we
be waiting on the School District to respond on numbers rather than for us to ask about numbers?"
City Attorney. "If, in fact, the Council thinks it's appropriate and necessary to have those numbers
before you can decide on the resolution, it's kind of a catch 22. We'll need to know some of the
fiscal impacts within the next couple of weeks or so. If the Council is going to act on the resolution
in a couple of weeks, It would be nice to have the School District provide that information but, it
may be necessary to prompt them into doing that."
City Manager. "For purposes of the City, though, what liability would the City have, if any,
regarding financial implications?"
City Attorney. "Well, again, I can just hypothesize on what some of the claims might be and again,
at this point, it seems to me that for most of those claims, we have a valid reason why we should not
be obligated to pay that money. The idea of the purchase of Lot 18. I think that one could argue that
the School District proceeded at its own risk there. If they've incurred any costs in connection with
going forward and bidding and accepting bids, in .processing the bond documents, any fee for
placement and things of that sort, again, there was a letter from the City suggesting that they might
want to try to resolve the unresolved issues before they went forward trying to market their bonds.
Again, I think one could argue that they proceeded at their own risk there. I think that, as far as a
number of those kinds of things, there's a fairly clear argument. In terms of some of the start up
costs, architecture, engineering, whatever may have been done, I'm not sure that there is any clear
obligation on the part of the City. I'm not aware of any, at the moment. I can only give you a real
qualified response. Maybe to be a little callous on it as well, the School District may now have a
piece of property that's worth more than they would have had if they would have developed it as we
76
City Council MinUtes - January 26, 1999
were proposing. So, maybe this is a good deal for them. Again, that's a little cynical and I don't
really mean it to be taken that way but, that property may have significant market value that would
more than cover some of the costs and expenses that they might want to be talking about here. So,
it's really hard to know for sure what the fiscal impact of the decisions may be and it's very difficult
for me, at this moment, based upon the limited basis we have for what their claims might be, to know
whether or not, if they came in and said, well the City agreed to pay half of the engineering or the
architect's fee or something, and we've got a letter from somebody saying that, then that might change
my view on that. But, absent that kind of stuff, I think it's speculative and remote at best.".
City Manager. 'I don't want to beat a dead horse but, I guess what I'm getting at is. should we
really be concerned about the costs that have been incurred unless the School District insists that the
City participates in settling those claims or costs?"
Mayor Meisel. "See, I wouldn't be as concerned asking you to write the letter. It's more of a
direction to where and what the School District is thinking and that's what I would like input from.
That's the reason I'm asking for that kind of input and at that time when they respond, I would guess
that if there's money involved, it will come out in that letter."
Councilmember Ahrens. "Well, lets face it, they're getting the bills. They're paying the bills. If
they think we're responsible for some of the bills, I've never known them to be shy. I'll bet they'll
come over here with the bill."
Councilmember Weycker. "The City has also incurred costs. I would also like to see that cost, to
date. Like you said, we paid for some of the things that have already been done (half the survey).
City Manager. "Again, when do you want to start the clock because, if you go back to when we first
started with the groups together, that's one .... that the City agreed to do. We agreed with the School
District to split costs on the survey. If you want that information, we could start there but, the real
costs have been incurred, post referendum, which have been after the December, 1997, when we
began preparing the Joint Powers Agreements and going forward with the contract on the construction
raanager and the architect, and all that. So, if you want us to, we can give you an accounting starting
from April of 1997 or we can start at some later date but, I guess you need to give me some idea
when you want to start."
Mayor Meisel. "I would say from 12-4-97, personally, as far as the City is concerned."
Councilmember Ahrens. "Before we get off the money thing. Who has been approving all of these
expenditures that we are likely to be? Are these all things that the WCCB has?
City Manager. "Some have been. For example, the analysis on the asbestos was approved by the
WCCB but, then ultimately approved by the School Board because they had to write the check. Other
expenses related to the contracts with the architect and with the construction manager have just been
paid as a format of the contract. They invoice for their service and they get paid."
Councilmember Ahrens. "So the WCCB hasn't acted on those things, individually?"
City Manager. "It was all done by contract."
Councilmember Weycker. "Other than, we hired the contractors, the WCCB."
77
Councilmember Hanus.
contractor."
City Council Minutes - January 26, 1999
"I don't think that's accurate. The School District, I think, hired the
City Manager. "The WCCB and ..... made a recommendation and the School Board did it.'
Councilmember Hanus. "Right, but, the School Board is the contractor's client, not the WCCB,
technically."
City Manager. :Yes."
Mayor Meisel. "Because of the bond passing."
Councilmember Brown. "One of the things that John mentioned about maybe this property will be
worth more than a few years ago. We submitted asking for people to come in and bid on the Lost
Lake development and couldn't get one bidder to come in. Now, things are progressing here, we've
got people falling all over each other trying to get here to work with the City of Mound and work
with this new downtown development committee. Now you can see a future for Mound. That it's
going to be a town on the grow and it's going to be a progressive town, and that property now is right
back at a choice intersection with the new road going to go in. That is going to be a very lucrative
piece of property to someone, I would think. The main stop in town. So this could end up being a
very lucrative thing for somebody."
Councilmember Ahrens. "A blessing in disguise."
Councilmember Brown. "Really, you may have somebody that is going to say, yes, I really want that
piece of property now but, that's up to the School District."
Mayor Meisel. "That would be up to the School District."
Councilmember Brown. "That's up to them. We're out of that. Whereas before, I think the only
person they had, offered this grocery store.
Mayor Meisel. "Well, they had some other bids, but the grocery store was high, if I remember
right."
Councilmember Hanus. "And that was the one bid that was not per the bid documents, as well. The
other two bids were per the bid documents and that's why they were so much lower. The exceptions
were taken for the one that they accepted."
Councilmember Ahrens. "And that was because it wasn't, an "as is" deal."
Councilmember Hanus. "Right."
Councilmember Ahrens. "And that's the way it was put out for bid, is "as is", so it really didn't meet
the specs.
The Mayor asked if there was any other discussion.?
The Council asked if the City Manager needed any more direction. The City Manager stated he feels
more comfortable with what he is supposed to do.
78
City Council Minutes - January 26, 1999
Councilmember Weycker stated it is her job to update the Building Committee and they have a
Building Committee Meeting in the morning.
INFORMATION/MISCELLANFA}U$~
A. Preliminary 1998 Financial Report as prepared by Gino Businaro, Finance Director.
B. Park and Open Space Commission Minutes of January 14, 1999.
C. Invitation to attend the annual LMQD "Save the Lake" dinner, Thursday, February 11, 1999,
Lord Fletchers. Please let Fran know if you are interested in attending.
D. REMIND. ER; Special WCCB Meeting is Scheduled for Monday, January 25, 1999, 7:30
P.M., Mound City Hall. The purpose of this Meeting is to Discuss the Westonka Community
Center Renovation Project.
MOTION made by Ahrens, seconded by Weycker to adjourn at 10:20 P.M. The vote
was unanimously in favor. Motion carried.
~ger
A{t'est: City Clerk
79
Bills
January 26, 1999
Batch 9012
50,118.73
Batch 9013
131,633.95
TOTAL BILLS
$$ 181,75.2.68
0
C)
Z
c
zn
r-,o
n
i1'1
Z
0
'0
r" ~,.
Z~
n
C
~ oo oo oo oo oo o oo ~ oo ~ ~ oo oo oo o
f- Z
Z
0
o o°
c
Z
0 c~
· · · · ·
'f
· · · · ·
ZZ
'-ar
0
),l'rl
3: I
..,ir
0
0
:
£
I 3::
z
0
Z
oO I
Oo
& &o o o
n~, I
~J ...J
.~ '"3
13'1
N
Z
"r'
m
r'-
,.i-
N
;Z
o, o
Z I.~
r
Oo
--I ,0
-..4 .-4
r"' r'
I
r~
0
mi
0 ,0
o · 0 Q
Z
rn
0"1~
m
m
z
I-- r'"
I 0 I 0
0
C
I
rn
Z
z
0
0
m
C
m
o
o
m
zz
mm
n
CZ
Z
~Z
_J
0
'-3
'1-
13.
z
Z
U
0 *
ZZ
I
I
.d
X Z
I ~1 I I II I I
I t I I
0
Z
O, ~
~J
OZ
Z
,0
Z
0
rn
° 7.
I
n r~
~c~°o I°
rz
r-
.-4
CZ
~
0
~J
.>.
,',-4
Z
C::
C~
r'rl
m
CZ
0
0
Z~
Z
0
~D
0
¢... ¢~
~Z
ZO
r'- ~r-
hr-'
O0
r'tl
[ o
I I , I
n
n
Z
Z
m
'.-lCD
m
Z.,O
I~,,o
I
!
:r..
;13
o 0
0
0
Z
L
0
C
~J
Z
Z
Z
0
r-m
Z
0
C:
Z
C) ,0
3,-
r-
m
O0
· 0
0
~0
,,-lC
0"~
Z'-'
.-CCD
==¢r~
m~
c
Z
z
o~°o ~oo°
0
z
z
o
~.m Z Z
.~
~ , 0
Z
--4
7
0
Z
Z
o
I
o
0
0
Z
O0