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2025-03-11 CC Meeting MinutesMOUND CITY COUNCIL MINUTES MARCH 11, 2025 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 11, 2025 at 6:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Jason Holt, Council Members Sherrie Pugh, Kathy McEnaney, Kevin Castellano and Michelle Herrick. Members absent: None Others present: City Manager Jesse Dickson, City Clerk Kevin Kelly, Public Works Director Ryan Prich, City Attorney Scott Landsman, Senior City Engineer Brian Simmons, Orono Police Officer Ryan Spencer, Tim Flodin, Ray Heppner, Cheryl Ackerman, Isabel Brooks, Christian Brooks, Patricia Edington, Helen Caning, Tyler Pieper and Mike Svobodny. 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 6:00 p.m. 2. Pledae of Allegiance 3. Approve agenda MOTION by McEnaney, seconded by Herrick, to approve the agenda. All voted in favor Motion carried. 4. Consent agenda Castellano requested that Items H and I be pulled. MOTION by Pugh, seconded by McEnaney, to approve the amended consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $932,290.83. B. Approve minutes: February 25, 2025 Regular City Council February 18, 2025 City Council/Planning Commission Special C. APPROVE RESOLUTION 25-27 APPROVING VARIANCE FOR LAKESHORE SETBACK FOR DECK REPLACEMENT AT 4366 WILSHIRE BOULEVARD D. APPROVE RESOLUTION 25-28 APPROVING VARIANCE FOR UNDERSIZED LOT AT 2914 MEADOW LANE E. APPROVE RESOLUTION 25-29 APPROVING VARIANCE FOR REPLACEMENT HOUSE AT 4609 TUXEDO BOULEVARD F. APPROVE RESOLUTION 25-30 APPROVING PUBLIC GATHERING PERMIT FOR MN BASS NATION FOR USE OF SURFSIDE PARK AND BEACH FOR WEIGH IN STATION FOR 2025 MINNETONKA CLASSIC FISHING CONTEST ON LAKE MINNETONKA ON SATURDAY, MAY 31, 2025. G. Approve Ordinance amending Chapter 46 of the Mound City Code Offences and Miscellaneous Provisions H. Pulled I. Pulled J. Approve Planning Commission Work Plan and Staff Project List 4H. Approve Ordinance repealing and replacing Chapter 119 of the Mound City Code in its entirety related to signage Castellano asked about the changes made to Chapter 119 of the City Code which is the signage ordinance. Dickson said the changes were considered text amendments and Chapter 119 was unanimously approved by the Planning Commission. McEnaney said there wasn't much change to the code which was mostly to clarify language. McEnaney said the change to Chapter 119 wouldn't be reflected in any change in signage requirements in the City. Dickson said they were changes made to align with state statute. MOTION by Castellano, seconded by McEnaney, to approve the Ordinance repealing and replacing Chapter 119 of the Mound City Code in its entirety related to signage. Upon roll call vote, all voted in favor. Motion carried. 41. APPROVE RESOLUTION 25- 31 AUTHORIZING PUBLICATION BY TITLE AND SUMMARY PURSUANT TO MINN. STAT. §412.191, SUBD. 4, OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 119 OF THE MOUND CITY CODE IN ITS ENTIRETY RELATED TO SIGNAGE Holt read through the executive summary to the text amendments of Chapter 119 of the City Code to align with updated regulations. MOTION by Castellano, seconded by McEnaney, to approve the following resolution. All voted in favor. Motion carried. APPROVE RESOLUTION 25-31 AUTHORIZING PUBLICATION BY TITLE AND SUMMARY PURSUANT TO MINN. STAT. §412.191, SUBD. 4, OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 119 OF THE MOUND CITY CODE IN ITS ENTIRETY RELATED TO SIGNAGE 5. Comments and suggestions from citizens present on any item not on the agenda. Patricia Edington, 4567 Dorchester Road, said she is a homeowner and advocates for the City to pass a rental property license ordinance. Edington said she has been impacted by a property near to her home which was purchased by an investment firm as an inexpensive foreclosure. Edington said there has been a series of problems with this property as the home has been in disrepair and has no trash removal. Edington said there have been renters who have given neighbors problems. Edington said the property owners have been contacted but they do nothing meaningful to resolve problems. Edington said she feels there are renters who have been exploited by predatory landlords and would like a rental housing license program to protect residents from predatory practices. Edington said she heard the City is considering a rental housing program. Edington added rental housing is an on -going problem in the City and people can do whatever they like. Edington said complaints are not responded to due to the lack of an ordinance which covers rental properties. Holt said this issue is something the Council is looking into. Holt mentioned that other cities have rental housing licensing. Tyler Pieper, 5504 Church Road, said he had two notes; Pieper said he has an issue with Church Road truck traffic off of the Belmont and Church Road. Pieper said the trucks turn in way which causes the trucks to run onto his property and are ruining his lawn. Pieper said his lawn needs to be repaired each year. Pieper said he would like to bring to the attention of the City a grant program from the State to create pollinator lawns. Pieper said there is not currently in a funding bill at the legislature. Pieper said he supports MN Senate bill SF 1211 which is the "Lawn to Legumes" program which provides $250.00 grants to residents. 6. Orono Police Department with the February 2025 Activity Report Sergeant Ryan Spencer of the Orono Police Department (OPD) said not a lot has changed during the last two weeks. Spencer said City road weight restrictions are in effect and are being enforced both day and night. Spencer said heavy trucks can be a problem as heavy trucks can damage infrastructure. Spencer said the OPD is aware of trucks using Westedge Blvd. to try to evade detection. Spencer listed the following activities: • Tuesday and Thursday — Officer Taser Use Recertification • Applications have been closed for a new OPD officer with interviews next week • A new canine, Onyx, has begun training — Onyx is a larger, one-year old, Shepherd • Officer Schultz has completed the Dare Program at Our Lady of the Lake School Spencer asked if the Council has any comments regarding vehicle speed read outs from the Speed Trailer placed on Three Points Blvd. Spencer said most vehicles travel between 27-30 mph, though one vehicle was read at 50 mph, with a few more which were in the low 40's in mph. Spencer noted there is the Police Commission meeting tomorrow if the Council has more questions. McEnaney asked about the number of applicants to which Spencer said there were at least four applicants. 7. State of the Water Presentation Brian Simmons presented the State of the Water report. Simmons said the purpose of the report is to focus on providing the residents of Mound with safe and affordable drinking water. Simmons said the solution to manganese in the drinking water is to construct a water treatment plant. Simmons said there has been inflation in the cost to completing the water treatment plant from $36M to $40M. Simmons added the following: Drinking Water at the Source — Water Test Results Manganese numbers are similar to earlier reports with one area with an increase Manganese is still at an elevated health -based limit but there no hard science on its health effects. There are guidelines which shows test results higher than recommended Prich said the drinking water tests were conducted in City buildings in different areas of the City. Simmons said he recommends that residents test their drinking water and the quality of their water softeners. Simmons said water softeners do remove quite a bit of the manganese in the water. Simmons said manganese does not get absorbed in the skin. Herrick asked about testing the aquifer. Simmons said the City knows there is manganese is in the aquifer that is why water should be tested at the tap to see how the manganese travels through the City water delivery system. Simmons listed accomplishments in the last year: $10.3 Million appropriations to start the design of the water treatment plant system Designed the first two phases of the trunk watermains to utilize unlocked funds Laid out framework for reimbursement using these funds Started the Part 106 Cultural Resources Investigation for the Plant and Well site Continued solicitation of, asking for, talking about the urgency of additional state, federal, or other funding source Simmons said the US EPA has taken over the supervision of funds over the project. Simmons said equipment can be purchased with the federal funds instead of any in -ground work due to potentially disturbing burial sites. Simmons added the control over the cultural/archeological aspects of the project may be supervised by the State which will allow for the in -ground testing to begin. Simmons said the Part 106 site testing has not been allowed to this point. Pugh asked about the potential of a burial site being disturbed. Simmons said there are sites nearby but he does not believe there are artifacts present on the water treatment plant site. Simmons noted the City Day at the Capitol event in which the City Council and staff met with State elected officials to work on lobbying for funding for the water treatment plant. Simmons listed the funding received to date: State of MN ($10.3M) Federal ($.9M) in direct funds Drinking Water Revolving Fund (IUP/PPL) Simmons listed Current Challenges and Opportunities: Addressing the Funding Gap by partnering with state legislators EPA Required Due Diligence which adds requirements needed to use funds UIP/PPL Based Funding ranking is lowered due to other City competition for funds. The City is eligible for low -interest loans due to this ranking Simmons listed the following as implementing the solution: 2025 Continue to submit for direct appropriations for State and Federal funds through efforts by City Council and Staff Low interest loans vs grant dollars — How long can the city wait? Continue to submit for IUP/PPL funds Final packages offered may include low interest loans and grant dollars Push for manganese as a contaminant at the state level to open up funding Navigate timeline and due diligence with the US EPA Keep advocating for the City McEnaney said she tried to research manganese numbers before 2021 but couldn't find anything. Simmons said there were no manganese limits previously. Simmons said the City was not required to test for Manganese before 2021. McEnaney said people grew up drinking City water and the MDH created the City water crisis. McEnaney added that how long will it be before there is a long-term solution. McEnaney asked if filtration is going to solve the city water issues. Simmons said the treatment plant will solve both the iron and manganese problems. McEnaney said she replaced her water softener and received a rebate. Simmons said the City made it a priority to not to pursue water softeners as a solution to the whole City water issue. Simmons said the purchase of a water softener is not a great solution as a water softener needs to be refreshed and maintained as well as a high level of service for the City. McEnaney asked about other opportunities. Holt said there is draft legislation on water softener and reverse osmosis systems. Holt said it would be state-wide approach. Holt said Mound State Senator Ann Johnson Stewart is working on a bill to address the issue state-wide. Holt said he would like to wait to the end of the State legislative session and see if the City receives funds and then figure out what to do after session ends in May. Holt said the City will not get the entire $30M and needs to come up with a Plan B. Holt said this could be a bond issuance which can be a 30-year loan at 2.5% interest. Holt said Minnetonka Beach is assessing every resident for their water treatment plant. Pugh said MN Public Health and other State agencies can take the burden off of Mound residents. Simmons said that the City isn't the only City dealing with the manganese issue but each has different ways to pay for a treatment plan. Holt said he testified in the House and that he, Pugh and staff met with State Senator Ann Johnson Stewart during City on the Hill Day event. Holt said they hit every legislator they could to promote Mound's needs. Holt said Johnson Stewart told him that Mound's water issue is her number one priority. Holt exhorted residents to reach out to Mound's two representatives in the legislature. Holt said he would like to see continual testing of the Mound water supply in order to reconfirm the problem Mound continues to have with the high testing levels of Manganese. Holt said he installed reverse osmosis in his home which cost $1,700.00 and has a water softener as the first point to treat the water in his home. Simmons said there is communication regarding use of water softeners on the City website. Pugh said Mound has a high level of rental properties and the future approach may be collaboration with other cities to fight for collective needs instead of competing for resources amongst other cities. The City Council asked Simmons for a list of other cities which have a similar Manganese problem. Helen Caning, 5930 Beachwood Road, said she moved to Mound in October 2021 and heard from family about the City water. Caning said she didn't know about all the testing information around manganese and other City water issues. Patricia Edington said she received the water issue letter from the City in 2021 and urged the Council to send out another letter regarding City water. McEnaney thanked the City representatives for attending City Day on the Hill. Dickson said the mounds bar with an attachment explaining the water issues stood out at the Capitol. 8. Comments/Reports from Council Members: Council Member Pugh — Pugh said she attended the League of MN Advanced Training and attended a training on labor negotiations and another on leadership style. Pugh said she attended City Day on the Hill and met with Ann Johnson Stewart and Andrew Myers. Pugh added she was on vacation recently and attended a Civil Rights Tour of areas in the southern U.S. Council Member McEnaney — McEnaney said the Legion is holding a Pancake Breakfast for the Island Park Village Hall restoration fundraiser from 9-Noon on Sunday. Council Member Castellano — Castellano said he had one complaint about the $1.95 for the new Invoice Cloud electronic utility payment invoicing. Dickson said the fee is specific to ACH payments and residents can avoid the fee by making a non-credit card payment at City Hall. Council Member Herrick — Herrick said she will be attending the Police Commission Meeting tomorrow. Herrick added that a legislative bill "MN Starter Home Act" has been introduced. Herrick said it is HF 1987 and SF2013 which restrict City zoning rules. Mayor Holt — Holt said he and Pugh lobbied against the °MN Starter Home Act" and will attend a meeting on Monday with area Mayors. Holt added that the City completed a Comprehensive Plan Amendment regarding city density requirements and the "MN Starter Home Act" would rescind those decisions. 9. Information/Miscellaneous A. Comments/reports from City Manager: Dickson said the Fire Partnership meeting is being held next week. B. Reports: Liquor Store — February 2025 Fire — January 2025 C. Minutes: February 4, 2025 — Planning Commission D. Correspondence: 10. Adjourn MOTION by Pugh, seconded by McEnaney, carried. ' l Attest: Kevin Kelly, Jerk to adjourn at 7:35 m. All voted in favor. Motion Mayor Jason R. Holt