2023-01-10 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
January 10, 2023
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, January 10, 2023 at 7:00 p.m. in the Council Chambers in the Centennial Building.
Members present: Mayor Jason Holt, Council Members Sherrie Pugh, Paula Larson and Kathy
McEnaney
Members absent: None
Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, City Engineer Brian
Simmons, Orono Police Sergeant Matt Siltala, Thomas Holt, Janet Holt, Ellory Holt, Evan Holt,
Sandi Paulson, Ron Paulson, Olesinski Family, Carolina Rose Szabo, Allison Kuhlman,
Suzannah Szabo, Leeann Randall, Kim and Barry Blievernicht, Barbara Vernes, Michelle
Herrick, Katie Holt, Benjamin Szabo, Zachary Szabo
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 Holt called the meeting to order at 7:00 p.m.
2. Pledae of Allegiance
3. Oath of Office
Hoversten administered the Oath of Office to Mayor Jason Holt and Council Members Sherrie
Pugh and Kathy McEnaney.
4. Approve agenda
Hoversten said Item 7 of the agenda, Judge Barnett's appearance, will need to be rescheduled.
Hoversten said the following pages need to be added to the agenda: 93.1 through 93.8, the
Mound Police December Activity Report and page 106.1 the slate of applicants for Item 10, the
City Council Vacancy.
McEnaney asked if the Council goes through the claims line by line. Holt said he goes through
those items individually and said McEnaney can ask for review right now. McEnaney said she
had a question about two items in the claims.
MOTION by Larson, seconded by McEnaney, to approve the agenda as amended. All voted in
favor. Motion carried.
5. Consent agenda
Holt said he will pull Items A and C for discussion and Pugh requested to pull Items K and L for
discussion.
MOTION by Pugh, seconded by Larson, to approve the amended consent agenda. All voted in
favor. Motion carried.
Mound City Council Minutes — January 10, 2023
A. REMOVED
B. RESOLUTION NO. 23-01: RESOLUTION APPOINTING PAULA LARSON AS ACTING
MAYOR
C. REMOVED
D. RESOLUTION NO. 23-03: RESOLUTION APPOINTING FINANCE
DIRECTOR/CLERK/TREASURER CATHERINE PAUSCHE AS ACTING CITY
MANAGER FOR 2023
E. RESOLUTION NO. 23-04: RESOLUTION APPOINTING FIELD OFFICER ANDREW
DRILLING AS ASSISTANT WEED INSPECTOR FOR 2023
F. RESOLUTION NO. 23-05: RESOLUTION APPROVING THE PURCHASE OF
BONDING AS PROVIDED UNDER MINNESOTA STATE STATUTE 412.111.78
G. RESOLUTION NO. 23-06: RESOLUTION DESIGNATING THE OFFICIAL
DEPOSITORIES FOR 2023
H. RESOLUTION NO. 23-07: RESOLUTION DESIGNATING THE LAKER AS THE
OFFICIAL NEWSPAPER
I. Approve request for commercial kennel license for Mound Emergency Management
Management Division, waiving the fee
J. RESOLUTION NO. 23-08: RESOLUTION MAKING SELECTION NOT TO WAIVE THE
STATUATORYTORT LIMITS FOR LIABILITYINSURANCE PURPOSES
K. REMOVED
L. REMOVED
M. Approve Hennepin County Assessor Open Book Meeting for Wednesday, April 26,
2023 from 3:00 pm to 7:00 pm in the Centennial Building Council Chambers
N. Approve Special Meeting Workshops/Regular Schedule Changes in 2023
1) Schedule February 21, 2023 7:00 pm — Concurrent Planning Commission & City
Council
2) Schedule April 18, 2023 6:30 pm Department Head Annual Reports to Council
3) Cancel December 26, 2023 City Council Regular Meeting due to Christmas Holiday
O. Approve Public Works Project Pay Items
1) Pay Request #1 in the amount of $156,067.43 Pembers Companies for the 2022 Lift
Station Improvement Project, PW 22-03
2) Pay Request in the amount of $3,120.00 to Quality Counts for 2022 Municipal State
Aid route traffic counting for 2022
P. RESOLUTION NO. 23-11: RESOLUTION APPROVING MINNESTOA DEPARTMENT
OF TRANSPORTATION AGENCY AGREEMENT FOR FEDERAL HIGHWAY
TRANSPORTATION ADMINISTRATION AID FUNDING
Mound City Council Minutes — January 10, 2023
5A (REMOVED) Approve pavment of claims in the amount of $827,071.52.
McEnaney said she had questions about the item on page five regarding the pay request of
$88K in claims for the depot parking lot asphalt. McEnaney wondered if the asphalt is the final
product. Hoversten said the $88k goes for all services rendered at the depot area which
includes curb work, storm water work and the asphalt sidewalk.
McEnaney asked she thought the quality of the sidewalk work was shoddy.
McEnaney asked about the pay request on page 33 about the obsolete elevator door controller
and whether it is a one-time cost. Hoversten said this is a one-time cost.
McEnaney asked about the payment to Artessa to Bolton and Menk for the work to review the
public improvement project. Hoversten said this work will be reimbursed by the developer
through their escrow.
Hoversten said these payment items can be reviewed prior to the meeting if the Council
member would like to do so in detail.
MOTION by Larson, seconded by Pugh, to approve the claims in the amount of
$827,071.52. Roll call vote In Favor: Holt, Larson, Pugh, McEnaney. Opposed: None.
Abstain: None. Motion carried.
5C. (REMOVED) Approve resolution appointing City Council Members as
Representatives of the City Council to Committees and Commissions for 2023
Holt said he pulled Item C in order to remove Council member Pugh from the Docks and
Commons Commission. Holt will assign her to continue to be the liaison on the Parks and Open
Spaces Commission with the Docks Commission liaison to be determined.
Pugh asked about the development committee as she understood the development committee
would be discontinued. Holt said while this was talked about in the workshop, it was not
determined. Hoversten said the Council left the Development Committee in place as an
optional review item. Pugh said the community needs a chance to give input as projects come
to the Council and this process needs to be mapped out. Larson said she was very
discouraged by how the development committee was going and the Council was pushed aside
and it was up to staff to do all the work. Larson said she would like to see more transparency
and openness. Larson said she liked the Longpre development group's approach as the
developer didn't come before the Council with a site plan in place and she liked to hear what is
being proposed before the developer spends money. Larson said would like to see developers'
proposals as a Council before any proposal goes to the Planning Commission.
Pugh said in previous projects the developer would go to the staff who would give their
perspectives. Pugh said the development committee would endorse the project which would
then go before the Planning Commission (PC) before the project came before the full Council.
Pugh said the Development Committee would give the green light in a non-public meeting to
projects which then went before the PC. Pugh said she doesn't want to see a process which
doesn't go to the Council first.
Mound City Council Minutes — January 10, 2023
Holt said he would like to wait for a decision until the full Council is seated. Holt asked
Hoversten about projects and Hoversten said there are projects slated for the Planning
Commission that have already gone through the Development Committee and nothing beyond
that.
Larson said she wants more elected official review in development projects and Larson said
staff were approving the projects before coming before the Council.
Holt said he would want to take this discussion to Council and look at work rules after the new
member is sworn in. Pugh said Mound should follow the City of Minnetonka process and
publish the process so everyone knows what is expected.
MOTION by Larson, seconded by McEnaney, to approve the following resolution and to amend
it to move appointment of Council Member Pugh to Parks and Open Space Commission and to
take her off of the Docks and Commons Commission. Larson, McEnaney and Holt voted to
favor. Pugh abstained. Motion carried.
RESOLUTION NO. 23-02: RESOLUTION APPOINTING CITY COUNCIL MEMBERS AS
REPRESENTATIVE OF THE CITY COUNCIL TO COMMISSIONS AND COMMITTEES FOR
2023
5K. (Removed) Approve resolution recommending continuation of CDBG funding of
Westonka Community Action Network (WeCAN)
Pugh said she wanted to be clear about where the funds are coming from as they aren't from
the City. Hoversten said the funds are a Hennepin County grant to smaller cities from a pool of
funds the County holds for identified goals. Hoversten said the City is endorsing the entities in
the amounts requested by the agency providing the service.
MOTION by Pugh, seconded by Larson, to approved the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 23-09: RESOLUTION RECOMMENDING CONTINUATION OF CDBG
FUNDING OF WESTANKA COMMUNITY ACTION NETWORK (WECAN)
5L. (Removed) Approve resolution expressing support for CDBG funding of Senior
Community Services
MOTION by Pugh, seconded by McEnaney, to approved the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 23-10: RESOLUTION EXPRESSING SUPPORT FOR CDBG FUNDING
OF SENIOR COMMUNITY SERVICES
6. Comments and suggestions from citizens present on any item not on the agenda.
Bill Latour, 5220 Lynwood Blvd., said he would like to make a request of the City plow crews.
Latour said when the crews plow on Lynwood behind the Tonka building there is the trail and 50
feet of woods. Latour asked if the plows could push the snow into the woods instead of the
driveways, the lift station and hydrants. Latour asked if the plows could push the snow to the
south side of the street. Holt noted there was 16" of snow and it was a big event.
Mound City Council Minutes — January 10, 2023
Hoversten said there are a couple places in town where the crews plow retrograde and he will
talk to the Public Works team to see if they can change the plowing.
Alison Kuhlmann, 5616 Grandview Blvd., resident of Grandview Terrace Apartments, said she is
representing other members of Grandview Terrace. Kuhlmann said living at Grandview Terrace
physically and emotionally scares her and stated the landlord doesn't take care of the building.
Kuhlmann said there have been multiple management companies but IPG, which owns the
apartment complex, is an absent landlord which doesn't take into consideration the residents
who live there. Kuhlmann said the entry door locks to the building don't work and there have
been people breaking in and living in vacant apartments, as well as breaking into occupied
apartments and storage areas and stealing possessions. Kuhlmann said another problem the
tenants are experiencing is an infestation of ants and mice for which the apartment owners are
not addressing.
Kuhlmann said there are many seniors who live at Grandview Terrace and she said she has
made reports to adult protection, the tenants union, the state attorney general, the senior
linkage line and many residents have filed their rents in escrow with the attorney general.
Kuhlmann said Grandview tenants have been working with Tracy Reiman from MnSpect
regarding property code violations. Kuhlmann said she fields calls from other residents to help
them due to there being no property manager/maintenance on site.
McEnaney asked if Kuhlmann if any of the agencies she has contacted responded. Kuhlmann
said Adult Protection has contacted her and the Attorney General has taken action. Kuhlmann
said her lease is up at the end of the month and she is moving out.
Hoversten said unfortunately the responsibility of the City is to the building maintenance code
and Tracy Reiman met with tenants and staff are meeting with Reiman this week. Hoversten
said Reiman keeps getting reports from Grandview tenants adding to the list of complaints.
Hoversten said Reiman needs to take what he has now and write an order letter to correct code
violations related to the building code or maintenance defects.
Hoversten said the Hennepin County Ombudsman is another avenue for Grandview Terrace
tenants to report violations and can give the tenants help noting their leases are private matters
determined in the courts. Hoversten said the City can and will focus on maintenance code
issues.
Holt asked Hoversten to connect with Kuhlmann.
Larson said there is another apartment complex with issues to which Hoversten said there is
awareness of this complaint but they are not necessarily property code issues but are a function
of property management not taking care of things well. Hoversten said the City has found
contact information for the property manager and hopefully the City will be able to work with
them to address tenant issues.
7. (Removed from Agenda — to be rescheduled). Hennepin County Chief Judge Toddrick Barnett
with District Court Report
8. Orono Police Sergeant Matt Siltala presenting the December 2022 Activity Report
Sergeant Siltala presented the Activity Report in which the Orono Police Department (OPD) responded
to 132 calls for service in December without anything standing out from previous months. Siltala said
Mound City Council Minutes — January 10, 2023
he researched winter parking and found there were zero citations given in November of 2021 and five
in December of 2021. Siltala said there were 113 citations given in November of 2022 and 52 in
December of 2022. Siltala said the OPD did give 18 citations for parking in no parking zones as the
OPD stepped up enforcement of ice fishers who were illegally parking along Wilshire Blvd. Siltala said
these vehicles were blocking driveways, parking in no parking zones and creating unsafe sight lines for
drivers.
Siltala said the Thayer trial is set to start at the end of January.
Hoversten said KARE 11 did a story recently on the embedded social worker program which should air
again tonight. Hoversten said the OPD is finding positive results from the embedded social worker
program (SW) which allows the OPD to utilize police resources for more police related matters. Siltala
said the OPD has found the SW has been important in responding to residents with significant mental
health needs. Siltala said there has been an improvement in the number of mental health calls and
some of these individuals are getting the treatment they need. Siltala has seen success and would like
to get two Social Workers.
Hoversten said there is funding for the program among federal, state and the six local communities who
share the service. Hoversten said the City would need to offer more funding along with the other
communities to trigger more outside funds to pay for additional Social Worker support to the OPD.
9. City Engineer Brian Simmons requesting approval of a Resolution Ordering Preparation of a
Report on Harbor District Improvements Project
Simmons said he has taken the Council approved Harbor District Park Master Plan (HDPMP) and is
seeking approval of a study to determine the cost of the project. Simmons said the study will determine
what type and how much the infrastructure will cost to make the HDPMP work.
McEnaney said when she was campaigning, she promised constituents she would talk about how to
save Auditors Road without losing the integrity of the green space. McEnaney said how will this
happen?
Simmons said he was given the HDPMP previously approved by the City Council and his Engineer's
Report will not only look at the park plan costs but how to make the plan work. Simmons said the
report will also look at how the work on the HDPMP will be phased in with the other projects in the area.
Simmons said the Shoreline Drive trail crossing and the Artessa Development will also be factored into
the report.
Simmons said keeping Auditors Road is not part of the approved HDPMP.
Holt said when he first came to the Council and at his first workshop and he said he didn't know that
Auditors Road was being removed. Holt said what I understood at that meeting was the removal of
Auditors Road and the Artessa project was already a done deal and the decision on Auditors Road was
made by previous Councils.
Simmons said it was talked about at previous meetings that Auditors Road was functionally redundant
and that two roadways serve the same purpose; one of which is owned by the City and the other (ie.,
CR 110) by Hennepin County.
Holt asked about the Engineer's Report and Hoversten said all of the elements of the HDPMP between
now and 2024 will be studied and will be scheduled to work in conjunction with the Artessa
Mound City Council Minutes — January 10, 2023
development to maximize work and cost efficiency. Simmons said the City is matching all the elements
and presenting a construction project report which is subject to Council approval.
Hoversten said the HDPMP and the Engineering Report will emphasize the event lawn, plaza,
gathering space, pedestrian paths, art walk and the hammock grove along the Andrew Sisters Trail.
Holt said the ice rink and plaza are future projects and Hoversten said items will be completed in
coordination with the development of the Artessa building.
MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 23-12: ORDERING PREPARATION OF REPORT ON HARBOR DISTRICT
IMPROVEMENTS PROJECT
10. Discussion on how to proceed with City Council Vacancy
Holt said the Council vacancy is due to his election as Mayor which leaves his seat as a Council
member now vacant. Holt said there is precedent in the past to appoint a new member now as there
are two years left in the term and then the seat is on the ballot for the regular general election as the
term comes to an end.
McEnaney asked how the appointment had been handled in the past. Holt said there have been a
handful of times when the Council has appointed a Council member. Pugh said the Council has
historically interviewed candidates and selected the individual to fill out the term.
Holt said the Council could appoint and then call a special election though this would be at a cost to the
City of about $6K to hold a special election. Holt said the mock up for the process is in the candidate
selection packet and there are four applications which have been received.
Holt said there will be only one round of interviews because there are only four candidates and the
Council will then rank the candidates. Holt said idea is to vote for up to four candidates by giving the
most favored candidate the highest total and work down the list of candidates with one less point each.
The Council can then tally up the votes to determine the winner.
McEnaney asked how the votes are added. Discussion ensued regarding vote tallying and the merits
of a ranked choice tally or just one vote for the first person. There was general agreement that the
Mayor would break a tie vote. McEnaney discussed the need for ranking the candidates and asked Holt
how the process worked for the Planning Commission (PC). Holt said it went well at PC and allowed
the Commissioners to rank favored candidates with more points. Holt said the Docks Commission
needed a second vote to fill out the Commission. Larson said she is not satisfied with ranking
candidates and just wants a straight vote. Larson said she didn't vote for a second candidate at the
Docks Commission as there was a tie and had to take back her tally sheet to vote. Larson said this is
too confusing. McEnaney said there will only be one round of voting and one tally and there is no way
to rig the system.
Holt recapped the process for choosing a candidate. Holt said interviews will be at the Council meeting
on January 24th and each of the four candidates will sit for 20-minute interviews. Holt said there will be
a Council vote and the highest vote getter will be sworn in on at the Council meeting on February 14th.
Larson said if there is a tie vote with two candidates with the same number of points the Mayor would
pick the candidate from the tied candidates.
Mound City Council Minutes — January 10, 2023
Hoversten reviewed the process the Council would undertake; the process is to interview the
candidates and then for the Council to rank choice vote for each candidate preference. Hoversten said
the top choice of a Council Member would get four points, second choice three points, third choice two
points and their fourth preference would get one point. Hoversten said the totals for candidates could
range anywhere from four points total to a highest tally being 16 points. Hoversten said if there is a tie,
the tie will be broken by the Mayor, who will then choose the candidate.
Holt said the Council needs to vote for each candidate and fully fill out the ranking of candidates for
each ballot.
A. Requested action on a resolution declaring a City Council vacancy and determining it will
be filled by Council appointment
MOTION by Larson, seconded by McEnaney, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 23-13: RESOLUTION DECLARING A CITY COUNCIL VACANCY AND
DETERMINING IT WILL BE FILLED BY COUNCIL APPOINTMENT
11. Comments/Reports from Council Members
Holt explained that he added this item to the agenda as he wants to allow each Council member the
opportunity to address their concerns or ideas and to offer up what work they have been doing
on a Commission, Committee or Board liaison position. Holt said the Council Member will have the
opportunity to speak based on their seniority on the Council.
Council Member Pugh: Pugh said she is the Chair of the Age -Friendly Minnesota Council and
the Council is offering community grants which are now available. Pugh said if you are
interested, search Age -Friendly Minnesota where there is $1.4million in grants for innovative,
age friendly projects. Pugh thinks the Parks Commission will be coming up with projects. Pugh
said most parks are set up for children but there is little equity for people above 12 years -old.
Pugh said a simple project could be to retrofit park benches with arms to help people get in and
out.
Holt said the Gillespie Center has requested a Council member to sit on their Board and Pugh
has agreed to take on this role.
Council Member Larson: Larson said the plowing in the City was fabulous and she didn't receive one
call from Mound citizens. Larson said the Public Works Department did a fabulous job. Larson said
things are going on with the Williams Building. Hoversten said this issue is in court but the City is
encouraging permit activity which has happened this past week. Holt said going forward Hoversten will
provide a monthly update at the end of each month. Larson asked about progress on the
Cemetery.
Council Member McEnaney: McEnaney said she likes the monthly update so the Council is
able to review the update before the upcoming Council meeting. McEnaney said she is in a
learning curve and will be more prepared at the next meeting and bring up items then.
Mayor Holt: Holt said he wanted to thank Public Works. Holt said in a typical January we receive 11.5
inches of snow and there was 15-18 inches in the big storm. Holt said the cost estimate for the Water
Treatment Plant was $24M and City Engineers re -ran the numbers and the new number is now $36M.
Mound City Council Minutes — January 10, 2023
Holt asked for updated cost estimates to be sent to the Council in order to request the most accurate
numbers to the City's legislators. Holt said he spoke to State Senator Kelly Morrison and State
Representative Andrew Myers who are on board and very supportive of the proposed treatment plant.
Holt said there has been discussion with Myers' Chief of Staff about itemized expenses as some items
may not be bondable, noting Myers is on the Bonding Committee.
Hoversten said that at the end of the last session there was language provided for community members
to provide input to their state elected official. Hoversten said there will be new language placed on
the City website which can be put into an email and citizens and their representatives can advocate on
behalf of the community.
Holt said there is a number of communities asking for state funds
Holt said the City newsletter will be going out in February.
Holt said he reached out to the School District to have students do a trial run of presenting reports from
the Student Senate to inform the community on news within the district.
Holt said he and Hoversten met with the Eli Hart Foundation who are fundraising for the playground at
Surfside Park. The Foundation received an offer of playground equipment at cost. Holt said the Eli
Hart Foundation will meet with the Parks Commission this week. Holt said the Master Plan will rename
the playground at Surfside but not rename the park after Eli Hart.
Hoversten said the Eli Hart Foundation will present to the Parks Commission who will make a
recommendation for Council approval. Hoversten said there needs to be agreement between the Eli
Hart group and the City.
Holt said there may be a ribbon cutting soon for the Casa Amigos Restaurant opening in the former
Scotty B's site, noting the menu looks phenomenal. Holt said they may open in mid -January.
Holt said Scott Gates' restaurant application at the RPG Commerce Place Mall has changed and they
are hoping for an April opening. Holt said the Jade Garden restaurant is closed and Gates purchased
some of their equipment. Holt added that Westanka hockey is moving-irrto the -former ,fade Garden
space and the back area of the building will now go to Scott Gates' restaurant. Holt said Gates intends
to serve BBQ at the restaurant.
12. Information/Miscellaneous
A. Reports/updates from City Manager/Staff:
Hoversten said:
• The City Manager Report is at the dais and Candidate application materials for the
Council opening have been provided in a separate envelope.
• Polar Plunge event is scheduled for January 28th at Surfside Park
• Harbor Wine and Spirits was named most profitable municipal liquor store in 2021
• City Hall Closed for Martin Luther King Day, 01-16-2023
B. Reports: Fire Department — November 2022
Finance Department — November 2022
Liquor Store — December 2022
C. Minutes: 10-13-22 Parks and Open Spaces Commission
Mound City Council Minutes — January 10, 2023
D. Correspondence: Twin Cities Business Journal: 2021 Muni Results
Hennepin County Award Announcements — 12/19/2022
13. Adjourn
ACTION by Pugh, seconded by McEnaney, to adjourn at 8:48 p.m. All voted in favor. Motion
carried.
j.
/ tX��
Attest. -Kevin Kelly, Cler
im
Mayor Jason R. Holt