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2021-09-14 CC Meeting MinutesMOUND CITY COUNCIL MINUTES September 14, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 14, 2021 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Ray Salazar; Council members Paula Larson, Sherrie Pugh, Phil Velsor and Jason Holt Members absent: None Others present: City Manager Eric Hoversten, Administrative Services Director Catherine Pausche, City Clerk Kevin Kelly, City Engineer Brian Simmons, Orono Police Sergeant Tim Sonnek, Deputy Police Chief Chris Fischer, Jason Rice, Trevor Nelson, Melissa Neitzke, Kevin Kautzer, Jason Ohmann, Seth Brown, Rod Thyr, Kathy Thyr, Dan Pagel, Matt Bouts, Chad Haider, Larry Johnson, Erik Magnus, Sam Hovda, Melody Hovda, Barb Warren, Dan Swanson, Eric Skorey, Alex Hubler, Brian Nelson, Tom Kielb, Jason Baker, Jason Kunzmann, Julie Amack, Michael Kline, Matt Hamrick, Katie Guthrie, Ryan Coatney, Richard Pundsack and Dan Neitzke. 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 Salazar called the meeting to order at 7:02 p.m. 2 Pledge of Allegiance 3. Approve agenda Pausche added replacement page 12 to the budget packet. MOTION by Velsor, seconded by Pugh, to approve the amended agenda. All voted in favor. Motion 4. Consent agenda MOTION by Velsor, seconded by Holt, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $349,669.47. B. Approve minutes: 8-24-21 regular meeting C. RESOLUTION NO. 21-84: RESOLUTION AUTHORIZING 2021 CENTRAL BUSINESS DISTRICT (CBD) PARKING MAINTENANCE ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 5% INTEREST, LEVY #21080 Mound City Council Minutes — September 14, 2021 D. RESOLUTION NO. 21-85: APPROVE RESOLUTION OF SPONSORSHIP AS RELATED TO THE SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION FOR THE 2021/2022 SEASON E. Approve Payment Request No. 3 and final in the amount of $5,514.18 to Sunram Construction for the 2020 Retaining wall repair project, City Project PW 20-02 F. Approve Payment Request No. 2 and final in the amount of $23,766.94 to Northwest Asphalt for the 2020 Surlside Parking Lot Project; PW-20-01 G. Approve Pay Request No. 1 and final in the amount of $21,000 to MP Asphalt Maintenance for the 2021 Crack Seal Project; PW-21-06 H. APPROVE RESOLUTION 21:86 RESOLUTION APPROVING PUBLIC GATHERING AND MUSICAL CONCERT PERMIT FOR MOUND FIRE DEPARTMENT RELIEF ASSOCIATION FUNDRAISER DANCE ON SATURDAY, OCTOBER 9, 2021 AND WAIVER OF FEES I. APPROVE RESOLUTION 21:87 RESOLUTION APPROVING VARIANCE FOR DETACHED ACCESSORY STRUCTURE AT 4636 HAMPTON ROAD THAT EXCEEDS THE BUILDING OF EXISTING PRINCIPAL STRUCTURE (PLANNING CASE NO.21-10) J. APPROVE RESOLUTION 21:88 RESOLUTION APPROVING REQUEST FROM MOUND WESTONKA HOCKEY ASSOCIATION FOR SUBSTANTIAL USE DETERMINATION FOR PROPOSED DRY -LAND TRAINING USE IN TENANT SPACE IN THE COMMERCE PLACE SHOPPING CENTER LOCATED AT 2200-2238 COMMERCE BLVD. (PLANNING CASE 21-08) 5. Comments and suggestions from citizens present on any item not on the agenda. Trevor Nelson, 2620 Tyrone Lane, asked for an update in response to his concern a driveway is impeding the ROW in his neighborhood. Nelson said he wants the ROW measured and to know where the property lines are in relation to the driveway. Salazar said the information Nelson is asking for has been provided to him. Salazar said Nelson could go to City Hall to inspect the survey of the property. 6. Orono Police Sergeant Tim Sonnek presenting the Mound activity report for August Sonnek presented the Mound August Activity Report which had 366 total incidents including seven crashes, 18 animal complaints, 12 alarms, one assault, 48 medicals, two burglaries, 14 thefts, seven criminal damage to property, 14 disturbances, two DUI's, six domestic issues, six fire assists, eight harassment reports, four mental health issues, 13 parking complaints, two warrant arrests, 36 welfare checks, 39 traffic stops compared to 371 total incidents in 2020. Sonnek said there has been an uptick in mental health calls and frustration that the Orono Police Department (OPD) is not able to fix issues right away, noting this area is being worked on. Sonnek said there have been quite a few pursuits in Mound which is abnormal for our area noting the whole metro area has seen an increase in pursuits from people fleeing. Sonnek added there is still one person who remains homeless the department is still trying to connect to resources which appear limited. Sonnek said the OPD is working with non -profits but the housing issue is difficult to solve. Mound City Council Minutes — September 14, 2021 Holt asked about the robbery issue from previous reports. Sonnek said the theft from homes and cars has curtailed since July but noted these issues tend to occur in waves. Pugh asked about the Hennepin County social worker program. Sonnek said the program has not been implemented yet but will start in 2022. Sonnek added the OPD is working with a non- profit in the meantime but noted the non-profit is experiencing staff shortages. 7. City Engineer Brian Simmons presenting the results of project quotations for 2021 Sewer Televising; in the amount of $27 219.00 to Empire Pipe Services Mound Project PW-21-04 and Manhole Rehabilitation work in the amount of $53,680.00 to Floorcoat Midwest, Mound Project PW-21-04 Simmons presented both sanitary sewer maintenance projects which are sewer televising and manhole rehabilitation. Simmons noted the City hasn't usually put the televising work out to bid because the work was done in-house or on an ad -hoc basis but analysis has determined the City can get better prices through competitive bidding. Simmons noted the City got a pretty good price. Velsor asked if there was an estimate of the project which Simmons said the City did not create one for this project. MOTION by Pugh, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-89: RESOLUTION AWARDING CONTRACT FOR 2021 SEWER TELEVISING PROJECT (PW-21-04) Simmons said there were three bidders for the manhole rehabilitation project which is an annual project maintenance activity to satisfy the Metropolitan Council surcharges based on clean water getting into sanitary sewer system. Simmons said an estimate was done and was around $80,000 which was closer to the highest bid. Simmons said Floorcoat Midwest offered the low bid and Simmons said he has had positive experience with the company. Velsor asked about the distance Truman, MN is from Mound. Simmons said Floorcoat is not too far away as Truman is near St. Peter, MN. MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-90: RESOLUTION ACCEPTING BID FOR 2021 MANHOLE REHABILITATION PROJECT; CITY PROJECT NO. PW-21-04 8. CATHERINE PAUSCHE ADMINISTRATIVE SERVICES DIRECTOR, WITH AN OVERVIEW OF THE 2022 PRELIMINARY BUDGET AND LEVY AND REQUESTING ACTION ON THE FOLLOWING RESOLUTIONS: Pausche brought forward a discussion on the proposed City 2022 preliminary budget and levy. Pausche said the preliminary budget needs to be passed in September with a certified copy of the levy sent to Hennepin County and this information is used to create the estimated tax statements mailed to individual property owners in November. Pausche said the final budget and levy are approved in December and the levy cannot be higher than what is approved by the City Council at this meeting. Mound City Council Minutes — September 14, 2021 A. Action on budget related matters Pausche said Republic Services has been the City vendor for curbside recycling since 2007 but noted they had to back out of the five-year extension due to changing market conditions. Pausche sent out an RFQ earlier this year and Republic and Waste Management responded. Pausche said Waste Management didn't offer a flat rate on services and didn't commit to a second 5-year extension which was preferred to allow for consistent budgeting. Pausche said residents currently pay $4 a month with an over 93% participation rate. Pausche said the City will need to increase the monthly fee to $5.25 to cover the increase, which was anticipated because of changing market conditions. Pausche said the new contract will include free replacement of damaged carts with an option to pay $35 to have working carts swapped out for cleaning. Holt asked Pausche if this was a 5-year contract with a 5-year extension. Pausche said yes, flat for 5 years at $5.10 with an optional extension for another five years at $5.85. Holt asked if there will be an increase in the second five-year contract which Pausche said was most likely to happen. Pausche noted the City will be exploring organic recycling options. Pausche said the City protested Hennepin County's organics mandate starting in 2022. Pausche said cities are opting out until the market can catch up. Pausche noted the organics quote was $7.85 a month per household. Pausche said there isn't enough infrastructure in place nor is there a sufficient end market for the organic material at this time. Holt asked if organics would be optional. Pausche said the City could get a better deal if there is a minimum guaranteed 1,000 homes participating but she anticipates not every household will. MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-91: RESOLUTION TO AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH REPUBLIC SERVICES FOR RESIDENTIAL CURBSIDE RECYCLING SERVICES Pausche said leaf and lawn material drop-off is offered as a free service at the Mulch Store in Minnetrista. Pausche said this service also meets Storm Water and Pollution Prevention Planning requirements. Pausche said there are new owners of the Mulch Store and they agreed to do a one-year extension of the contract. Pausche said there hasn't been accurate receipting of how many Mound residents are using the drop-off service so it is difficult to determine what level of value the City is receiving. Pausche said five years ago the City negotiated with the Mulch Store for a flat rate for these services due to overage charges at the time. Pausche noted The Mulch Store wanted an increase of $3800 a year for a new three-year contract which was rejected without a more accurate accounting of residential use, so they agreed to the one-year extension. MOTION by Velsor, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-92: RESOLUTION TO APPROVE ONE-YEAR EXTENSION OF AN AGREEMENT FOR DISPOSAL BETWEEN SPECIALIZED ENVIRONMENTAL TECHNOLOGIES, LLC AND THE CITY OF MOUND Mound City Council Minutes — September 14, 2021 Pausche presented the preliminary budget and levy for 2022. Pausche said the drivers of the tax levy and utility rates are operating and capital expenditures, investments in infrastructure improvements, and funding of capital reserves to reduce the City's dependence on debt and special assessments. Pausche said the City has issued $80 Million in bonds since 2003 with $48 Million still outstanding as of 12/31/20. Pausche described internal financing versus debt. Pausche said the City did not have reserves for needed infrastructure improvements in the early 2000's so the City had to issue bonds to finance the work that were repaid through the tax levy and special assessments to the benefiting property owners. Pausche said as the bonds retire the City will be able to fund capital reserves to provide for future investments. Pausche reviewed the capital reserved funds that were authorized in 2018, including a fund for vehicles and equipment, Community Investment (parks & open spaces), and city buildings in addition to the already established infrastructure replacement and road maintenance funds. Pausche presented a slide summarizing the 10-year history of levy increases, surplus and deficits, tax rates and more and stated the plan is to maintain a 5% levy increase for the near future in order for the City to build reserves and to make progress on creating more consistent budget cycles from year to year. Pausche noted the utility bill relief approved in 2018 created deficits in the utility funds that have been offset mainly through the capital reserve funds. Pausche presented a graph that showed the property tax levy accounts for 48% of all revenue, utility receipts 37%, and other charges the remaining 15%. Pausche said the challenge for elected officials is to strike the right balance in these revenue sources. Pausche presented a graph showing 53% of governmental funds cover operating costs (Police, Fire, Streets, etc.), 34% is for debt service and 13% is for capital costs. Pausche noted the ratio for utility fund expenditures is 40% for debt service, 37% operating and 23% capital. Pausche said while the City is considered more highly leveraged than our peers because of all the infrastructure we have improved, we are well below averages when it comes to operating costs per capita. Pausche said the proposed 5% levy increase will allow an increase in capital reserve funding from $775,000 in 2021 to $880,000 in 2022 and the budgeted use of General Fund reserves will decrease from (393,923) in 2021 to (165,842) in 2022. Pausche stated the average increase in the general fund levy from 2010 has been 1.42%. Pausche said utility rate increases were driven by infrastructure improvement needs. Holt asked if the 5% increase will be a straight increase to property owners. Pausche clarified the 5% levy increase does not directly translate to a 5% property tax increase as it depends how the taxable market value of properties change relative to other properties in the City, noting that since property values seem to have risen across the board, some properties will increase more than 5% and some less. Pausche noted the City property tax rate peaked at 57% in 2014 and it is now essentially 40% for 2021 and 2022. Pausche said if a property's taxable market value Mound City Council Minutes — September 14, 2021 also remained flat, that property would not have any increase, but most properties will experience a change in market value. Holt asked if there are any budget areas with extra fat that can be trimmed. Pausche said when the 2008 recession happened the City implemented an employee retirement incentive program with the goal of reducing expenditures and three employees retired. Pausche said the City laid off another four employees in subsequent years and many positions have been consolidated resulting in a reduction of full-time employees from 33 in 2008 to 27 in 2016 to 24 proposed for 2022, noting this does not count the contract for police services. Pausche said Mound is consistently lower staffed than similar cities. Pausche said staffing levels are sustainable now with no guarantees going forward if the staff composition changes. Pausche said the City benefits in other areas as well such as contracted police and building official services. Holt asked about the overall 3% utility bill increase and whether it is possible to keep bills the same and find savings somewhere else. Pausche said the utility funds have large deficits that will only continue to grow as infrastructure improvements are still needed. Pausche noted the City issued $4.2 Million in bonds for sewer improvements that will be repaid by the property tax levy so she feels any further subsidizing would be irresponsible. Holt asked how the City is going to pay for the Harbor District park improvements. Pausche said the Harbor District developer is paying $700,000 for the land and the City will be able to keep the tax increment created by the project through 2031 that should allow the City to pay itself back up to $1.3 Million in tax levies that were assessed to cover the debt service when redevelopment failed to occur. Pausche said there is also the HRA levy and Lost Lake slip fees that help to create a variety of options for this particular project. Salazar said the long-term financial plan was created to build reserves to use in the future and create steady growth. Salazar said the City is making investments now in order to reduce it reliance on bonding in the future. The Council then proceeded to vote on the following two resolutions: MOTION by Velsor, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. B. RESOLUTION NO. 21-93: RESOLUTION APPROVING A LEVY NOT TO EXCEED $248,555.00 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2022 MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. C. RESOLUTION NO. 21-94: RESOLUTION APPROVING THE 2022 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $5,863,471; SETTING THE PRELIMINARY LEVY AT $6,605,450; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2022 Mound City Council Minutes — September 14, 2021 D. Mayor Salazar announced the 2022 Final Budget and Levy discussions and decisions will take place at the December 14, 2021 Regular Meeting, at 7:00 p.m., in the Council Chambers. Public comments will be taken at this meeting and any questions can be directed to the Administrative Services Director. 9. Update information on previous (May 11, 2021) discussion regarding UTV/ATV operation in City roadways Hoversten said at the May 11, 2021 City Council meeting, staff presented clarifying language to Chapter 70 (Transportation) of the Mound City Code to affirm state law prevails which does not allow the use of ATV/UTV's on City roadways. Hoversten said after the May 11 th discussion, the Council established a sub -committee which met on June 2, 2021 to discuss ATV/UTV use on City streets. Hoversten said the sub -committee didn't come to an agreement on changing allowed ATV/UTV use on City roadways. Hoversten said the subcommittee discussed a synopsis of code language from other cities regulation of ATV/UTV use, which has been included in the Council's agenda packet. Hoversten said staff are looking for Council instructions and/or input on this issue. Salazar asked for a report from the sub -committee which Holt reported the sub -committee did meet and looked through the City Code as well as materials provided but the Council members of the sub -committee didn't see eye to eye on the issue before them. Holt requested the ATV/UTV discussion be put on the agenda for this meeting to keep the public informed on what is going on. Holt said after reviewing City Codes from other cities which allow use he doesn't see this as a tough issue. Holt added he has talked to many people and has had many phone calls and emails on this issue. Holt disagreed on having the issue on the agenda in May as people were using UTV/ATV's for years in Mound. Holt said the OPD told us it isn't an issue. Holt recommends making it legal for UTV's, ATV's and golf carts to be used on City streets across the board in Mound. Holt said the Prior Lake City Code on UTV/ATV use had a set of regulations and a form for users to sign to prove they have insurance, own the vehicle and acknowledged warnings that UTV/ATV's were not to be used on `no bike' trails. Holt added there are slow moving vehicle emblems, rules to stay on the far right side of the road and a three-year permit in Prior Lake while other cities permit use for one-year and can charge a fee. Holt said some of the cities also have Police Officers do a compliance check of vehicles. Holt said the Council needs to make UTV/ATV use legal in Mound. Pugh asked Holt if he was in favor of legal UTV/ATV use on every street. Holt said the Council can work through the details though his research said other cities allowed use on city streets and across county roads. Holt added people are using UTV/ATV's to go to the lake and this use would lessen parking at street ends. Holt said UTV/ATV's would be a safer alternative to a pickup truck to go out on the ice and the use of UTV/ATV's shouldn't have been on the agenda in May and he doesn't want their use to be taken away. Velsor said if the Council does nothing, technically, nothing is taken away. Holt said if the code is left alone he wouldn't mind and the OPD said they haven't had a problem with UTV/ATV use. Holt mentioned a speaker at the meeting from May 11 who commented that all he wants is to ride legally on the street to his boat on the lake. Holt said this use has been going on for many years and the City should make it official by allowing the legal use of UTV/ATV's. Holt said he has talked to many people who don't care and if someone screws up by driving downtown they Mound City Council Minutes — September 14, 2021 will get fined. Salazar said the City cannot impose administrative fines but he understood what Holt was saying. Velsor read a prepared statement. Velsor said he owns an ATV and wanted everyone to understand that UTV/ATV's and other off road vehicles have technically never been allowed by state statute. Velsor said none of Mound's neighboring cities have allowed UTV/ATV use, or any of the cities under OPD jurisdiction. Velsor added there isn't a problem with UTV/ATV use now and that is why I would like to leave things were they are. Velsor noted the regulation of UTV/ATV use came about from a neighborhood dispute and the use of UTV/ATV's on streets and commons in a reckless manner. Velsor doesn't want to see Mound become a free for all if the use is allowed. Velsor said OPD Chief Farniok said the OPD would not be enforcing the State Statute if residents use their UTV/ATV's in a reasonable manner and the stance of the OPD is to ignore people who use their vehicles in a safe manner. Velsor said he takes the risk of using his UTV/ATV in Mound to get on the lake and believes that common sense should prevail and there isn't a need to drive to the store or the school on a UTV/ATV. Velsor has requested that the City and the OPD prepare communication on UTV/ATV use and provide this information to educate the public. Velsor said the regulation on UTV/ATV use is clear and not up for interpretation and my vote is for the Council to do nothing regarding UTV/ATV use as there is not a problem right now. Salazar asked those in the audience who would like to comment to step up to the podium Eric Skorey, 1574 Canary Lane, stated he fished Lake Calhoun and Harriet in Minneapolis and decided to move to Mound. Skorey said he is a business owner in the area and when driving around the lake he sees that communities thrive on using golf carts and other vehicles to get to the lake. Skorey said he needs a side by side to get to the lake in all seasons. Skorey said he sees families and fishermen using UTV/ATV's on streets to get to the lake and does not see this as a negative use. Eric Magnus, 2052 Grandview Blvd., has been riding on the lake for years and said at one time he fell through the ice on a channel and would like to use city streets to get around those areas. Magnus said this is a lake community and residents should have the right to use streets. Magnus said he doesn't want to see racing on the street, noting a neighbor stopped someone driving fast on a street with an off -road vehicle. Salazar asked Magnus if he has gotten a ticket using his vehicle and Magnus said no. Dan Pagel, 4843 Wilshire Blvd., said changing regulations would open up a can of worms. Pagel said he lives across the street from the lake and likes the convenience to get on the lake with his UTV/ATV. Pagel added he moved to Mound because it is like his hometown and it shouldn't be made more difficult to get on the lake. Pagel said UTV/ATV's are regulated and fees are paid for their use and asked the Council not to change anything to avoid opening a can of worms. Ryan Coatney, 5347 Woodland Road, said he agrees with Mr. Holt that UTV/ATV use should be a part of the community and he wants the use of them. Coatney said he wasn't sure if the UTV/ATV use should be made legal or not. Michael Kline, 1630 Dove Lane, said he started the petition because the City wanted to change the code to take away UTV and ATV use by amending Section 70 of the City Code and having the OPD write tickets for UTV/ATV use. Kline said the Council should leave it as it is and if the Mound City Council Minutes — September 14, 2021 police start writing tickets people will return to the Council speaking in favor of UTV/ATV use. Kline said the Council and OPD have better things to do and there haven't been many issues this summer. Salazar and Kline discussed the impact a neighborhood dispute has had on UTV/ATV use in the City and agreed the general use of UTV/ATV's overall has not been a problem in the City. Richard Pundsack, 5865 Sunnybrook Lane, Minnetrista, said he is a Mound resident and drives a DOT approved vehicle that he drives to Jubilee and he wants to drive around on Mound city streets to go ice fishing. Pundsack said he believes driving a UTV should be approved so he will be legally able to take his UTV to Jubilee. Pundsack said there is a lot of confusion here and it is important to recognize the lake lifestyle. Pundsack said he will have a conversation with ATV/UTV users who are not being responsible on city streets. Jason Ohmann, 5967 Ridgewood Lane, said he is building a home on the park looking at the lake and is adding tax dollars to the city. Ohmann said he has many relatives who have lived in Mound and he came back after not living here for 20 years. Ohmann said Mound has a unique culture and he needs the legal right to drive his ATV through a City parks to get to his dock. Ohmann also wants to be able to drive into town to get gas and stated it would be a good move to make it legal and let UTV/ATV users police ourselves. Matt Bouts, 6107 Sugar Mill Lane, claimed the City tried to ban UTV/ATV use and agrees with Holt that legal use in Mound should be formalized, noting a $100 fee seems excessive. Bouts said the only pushback about legal use is people don't want to pay for a license. Julie Amack, 6371 Bay Ridge Road, said she lives on the lake and can access the lake from her property. Amack said her next door neighbor complains about many things and called the OPD regarding her using an ATV on the street to plow her neighbors' driveways. Amack said she would like to use her ATV on the street to be able to help her neighbors. Brian Nelson, 2620 Tyrone, said the police are called by a neighbor for his UTV use and said one person has a major issue with this use. Nelson said the he has received zero tickets and noted he sees UTV use in many places including neighboring cities. Nelson said the DNR gives a three-year permit for UTV and ATV's and Mound should adopt a program to allow using them on the streets to access the lake. Katie Geffre, 2530 Lakewood Lane, described ice fishing or doing something on the lake and ordering food, or taking a lake access to run errands around town. Geffre said she has had friends who have been pulled over by the OPD for getting gas and the police explained to them to not ride on the streets. Geffre would like clarity and to be able to legally drive on city streets. Sam Hovda, 2042 Grandview Blvd., said he can see the reason why to not change the ordinance but people want clarification. Hovda said not to allow one misuser of the roadways to affect every other user in town. Hovda added that if the City permitted use someone not being safe can have their permit to use revoked. Mike Riley, 1794 Jones Lane, said he drives a school bus for Mound and sees as many as 12 ATV or Golf Cart drivers on Three Points who bring kids to their bus stop. Riley said you would be amazed how many are being used around the City for this purpose. Riley said what about snowmobiles riding to get gas. The Council and Riley discussed the different rules for snowmobiles. Mound City Council Minutes — September 14, 2021 Joe Hubler, 2882 Halsted Lane, said has been a resident for most of his life and he supports the use of ATV's in the city. Hubler said he wants clarity on use and is not a rule breaker and wants to follow the rules. Hubler said he has taken the chance to drive his ATV from his house to the lake and would like to know he is not doing something wrong. Tom Kielb, 5400 Eastview Avenue, Minnetrista, said he has to drive his UTV through Mound to ice fish on Black Lake. Kielb said it would be nice to have UTV/ATV use formally approved and licensed. Salazar said that Minnetrista is silent on the use of UTV/ATV's and follows state statute which doesn't allow use on streets. Salazar said Minnetrista and Orono are more rural than Mound and they do not allow use and those community's leaders have relayed to him they are not looking to allow their use. Trevor Nelson, 2620 Tyrone Lane, said he is in favor of making UTV's legal on city streets including county roads. Nelson said he should be able to clear snow on a Right of Way (ROW) and drive on the street to get to the ROW. Nelson said the only access in his area is through a snow pile their neighbor makes in the ROW. Nelson stated he complained to the City about the shutting down of the easement through the snow pile. Velsor said there are neighborhood issues which Nelson is involved in and the consideration of change to the City Code regarding UTV street and other use had to do with the behavior exhibited during this use. Nelson and Council members disagreed on the behavior of the use taking place in the ROW which included video which the Council members have viewed. Salazar said the video depicted Nelson driving on the commons which is not allowed. Hoversten said the City Code amendments which were considered by the Council in May allowed abutting property owners to access the lake through the commons in the same manner as private property owners with all others not having access to the commons with motorized vehicles. Kelly Heitz, 4527 Wilshire Blvd., said she owns a UTV and said it is as safe as a jeep and doesn't see why a neighborhood dispute could affect the orderly use of UTV's and ATV's on city streets if they are made legal. Kevin Kautzer, 5862 Sunnybrook Lane, Minnetrista, said regardless of a neighborhood dispute occurring, we have the privilege to drive many different vehicles, noting this is a tight knit community who regulate each other and he would be the first to call out people not using their vehicle properly. Kautzer said he drives on the County road to go to the gas station and thinks there should be a black and white law to allow UTV/ATV use on city streets so there are no gray areas. Chad Heider, 6165 Sugar Mill Lane, said he has a snowmobile and believes ATV's need to be legal so a small upheaval doesn't affect everybody else in the community. Eric Skorey, asked if the city is aware it has skin in the game and noted the City UTV's vehicles are in use on city streets. Salazar asked for Council input. im Mound City Council Minutes — September 14, 2021 Pugh said this has been an insightful evening and she spent her day learning more about UTV/ATV's. Pugh said those vehicles are not marketed as a car or truck but as recreational vehicles and does have a concern about their use on city streets. Pugh said Mound has tight streets and people drive fast in town which could be detrimental to an UTV/ATV user. Pugh said she has no problem with people using their ATV to go to the lake from their homes but doesn't see the need to go to shopping with those vehicles. Pugh isn't sure about creating more regulations but does see the need to define the use of UTV/ATV's in the city. Salazar said Hennepin County doesn't allow UTV/ATV use on county roads and if the City does allow their use the City would not have jurisdiction over making rules for county roads. Hoversten said the City of Mound has four county roads which thread through the center of the city and are the main transit routes for the city. Hoversten said the County does allow perpendicular crossing but not transiting on the county road. Salazar said the City does not have jurisdiction over county roads and Hoversten said this is the challenge because this isn't going to be changed unless the city wants to specifically prohibit UTV/ATV use on city streets. Hoversten feels the other options for the City are to fully legalize UTV/ATV's on city streets, or leave things where they are at currently which is state prohibition of UTV/ATV use on city streets. Salazar said these are three bad answers to the problem of ATV use. Salazar reiterated the options are leave it as it is, full prohibition, or a hybrid of legal on city streets but not county roads which is a false hope as surrounding communities are following statute and are doing nothing outside of state statute. Larson said she has lived in Mound forever. Larson asked the audience to raise their hand if they own an UTV/ATV to which nearly all raised their hand and then Larson asked of those who raised their hands how many received a ticket by the OPD for use of their UTV/ATV. No one in the audience raised their hand. Larson said the Council should continue with the status quo and doesn't think it is fair to require people who are safe with their vehicles to come into City Hall to be regulated and have to pay a permit fee. Larson noted the City of Orono sells a $40.00 permit to bring your dog to the dog park but doesn't enforce it. Larson said the OPD doesn't want to regulate UTV/ATV use and implored the audience to police their UTV/ATV themselves. Larson said she would like to see a ticket if you get one for ATV use in the City. Holt said he is in favor of letting the people do what they want to do and doesn't want this to change. Holt said the sub -committee met and went over pros and cons to regulation and Holt said the Council should amend the City Code to allow for UTV/ATV use on city streets. Holt said this issue will never die and the right thing to do is to allow it by the City Code. Holt said he wants to have another sub -committee to fix the code to make street use of UTV/ATV's legal. Velsor said if he had to vote on whether to ban use or completely open up UTV/ATV use throughout the City, Velsor said he would vote to ban and he said he doesn't want to do that. Velsor said he is in favor to leave things as they have been for years as no one is getting tickets or being pulled over. Velsor said he is willing to take the risk of using his UTV/ATV to get to the lake and said he knew the law when he bought the vehicle. Cathy Theres, 1705 Baywood Shores Drive, said when her UTV is impounded and she can't get it out or has to jump through hoops and pay a fine, the Council will not be there to answer my im Mound City Council Minutes — September 14, 2021 calls. Theres said she agreed with Holt and wants City regulation to allow use of UTV/ATV on city streets. Theres said let's band together as a community and say this is what we want. Larson said she is afraid of UTV/ATV use not being in an ordinance and feels that the option is either all or nothing and she doesn't want to take anything away from people. Larson said Mound's surrounding cities need to get on board if there is going to be open UTV/ATV use on the streets because the OPD has jurisdiction over four cities and there should be continuity over the four communities. Larson said resources are limited and the City should leave the ordinance alone and not increase regulation which isn't needed. Salazar asked if the other Council Members think it is a good idea to allow the use. Larson and Salazar said they aren't in favor of more regulation although they have seen less than safe use of UTV/ATV's in the city so people need to take personable responsibility. Pugh said the City should post on the City website the DNR and state language and provide the framework of what is allowed in the city. Holt said the problem is that it is ambiguous on what is legal and not whether it is posted on the website. Velsor said it is ambiguous and the people in the audience said they are going to police their neighbors and will inform their neighbors what is and isn't legal. Holt made an initial motion to volunteer to come up with a game plan to make UTV/ATV use on city streets legal. Velsor said he doesn't see the point in this approach and clarified with Hoversten that the Council is being asked to give direction to staff on this issue. Hoversten said he offered three suggestions in his memo to Council: full prohibition of UTV/ATV's, a false approval of use on city streets but not county roads or to leave things as they are without any city language to supersede state statute. Salazar said he has talked to residents and he said he doesn't want to take away anyone's fun. Salazar said everyone he spoke to about their use of UTV/ATV vehicles or golf carts also did not get a ticket for their use. Salazar said he saw two gentlemen driving golf carts down the county road from Orono to Mound and saw them a second time on County Rd. 110. Salazar said he has six or eight neighbors who are use UTV/ATV's in his area and there are no real problems. Salazar said he is not in favor of new regulations and more regulation gives the OPD more to do. Salazar said he would reconsider amending the City Code if other surrounding cities do so. Chris Heitz, 4527 Wilshire Blvd., said he lives on a County and wonders why the City isn't a trend setter and not a follower regarding UTV/ATV use on city streets. Seth Brown, 1701 Three Points Blvd., said he is school teacher and if the Council does trust residents then the Council should trust that legalized UTV/ATV use will not get chaotic. MOTION by Holt to volunteer to work with the City Manager to come up with a game plan to make golf carts and UTV/ATV's legal in Mound, No second was offered. Motion not considered. W Mound City Council Minutes — September 14, 2021 MOTION by Velsor, seconded by Larson, to give instructions to staff to not study the matter further and to close the matter with no further discussion. Velsor, Larson and Salazar voted in favor, Holt voted nay and Pugh abstained. Motion carried. Salazar thanked the meeting participants for their input on this issue. Salazar said to keep using your vehicles and use them carefully and judiciously. 10. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten noted a special meeting workshop is scheduled for October 19 at 6:30 p.m. to discuss the budget, CIP and long-term financial plan. Hoversten said there is possibility of getting Council photos. Salazar said he would prefer another date for Council photos. Hoversten listed other highlights, including: • September 28th - State Representative Kelly Morrison is scheduled to address the Council. • September 28th - Update on financial strategy of water treatment plans • September 181h - MFMM last chance for Community Engagement Survey and Display • September 17-19 - OLL Incredible Festival • October 6th at 5:00 p.m. - Fire Department Open House on Fire Prevention and Safety • October 9th — Fire Department Relief Association Dance • The terrace wall at Mound Marketplace has been fixed • Stonegate paved their parking lot • Daruma is finishing up their restaurant staging in the old Domino's store at Stonegate • Domino's has finished paving, curb and gutter improvements and is making progress on landscape improvements • Commerce Place long-term investment is on -going • Reed and Pond Building is now an art studio and owned by the Big Stone Mini -Golf owner • Williams Store — building official working to get enough information to allow a building permit to repair the fagade, some restoration agreement milestones have been met and staff are working with owner to try to see meaningful progress • Met Council is in process of the fall rejuvenation work along Westedge Blvd. and moving forward with instruction to homeowners to insure the success of the planting Holt mentioned the 9/11 201h anniversary event last Saturday at the Fire Department. Holt said Hoversten did a great job and Salazar made a great speech. Hoversten acknowledged the work that Fire Chief Greg Pederson and Administrative Staff Vicki Webber put in with organizing the event. Hoversten noted many members of the Mound Fire Department also put in quite a bit of work and Captain Andy Drilling brought a fire bell from a fire department in California to use during the event. Hoversten said many others also put in a lot of effort to make the memorial a success. Larson thanked City Public Works staff for putting up the flags and said it was very moving to see all the flags around the City for the 9/11 memorial event. B. Reports: Finance — July 2021 Liquor — August 2021 C. Minutes: Planning Commission 07-06-2021 13 Mound City Council Minutes — September 14, 2021 D. Correspondence: WeCAB Executive Director Resignation Announcement 10. Adjourn ACTION by Velsor, seconded by Holt, to adjourn at 10:16 p.m. All voted in favor. Motion carried. Attest: Kevin Kelly, Clerk 14 Mayor Raymond J. Salazar