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2022-09-27 CC Meeting MinutesMOUND CITY COUNCIL MINUTES September 27, 2022 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 27, 2022 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 Department Sergeant Matt Siltala, Sheri Wallace, Michelle Herrick, Kim Blievernicht, Kelli Gillispie-Coen, Brad Childress, Dru Ann Childress, Tina Schauer, George Eck, Cheryl Krieger, Venus Steffensen, Shane Steffensen, Phil Bowman, Tom Brossard, Jay Stemler, Mike Barnett, Diane Alexander, Mike Tesmer. 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 7:07 p.m. 2. Pledge of Allegiance 3. Approve agenda Hoversten amended the agenda to add page 2 of the agenda noting all items pertaining to the agenda items were included in the packet. MOTION by Larson, seconded by Velsor, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Velsor, seconded by Larson, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $274,912.24 B. Approve minutes: 09-13-22 regular meeting C. RESOLUTION NO. 22-82: RESOLUTION APPROVING AN EXPANSION PERMIT FOR PROPERTY AT 4476 DENBIGH ROAD PLANNING CASE NO. 22-13 FOR PID 19-117-23-24-0005 D. Approve Surfside Park Sunshade Pavilion Project 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. Mound City Council Minutes — September 27, 2022 6. Sergeant Matt Siltala presenting the activity report for Mound — August 2022 Siltala stated there were 187 calls for service which is similar to other months this summer. Siltala said there was a first -degree burglary in the Orono Police Department (OPD) service area which is an entry of an occupied residence but nothing was taken as the intruder may have been scared off by a dog. Siltala added there were several DWI arrests and many traffic related calls. Siltala added there were a number of thefts from vehicles in early morning hours and reminded residents to lock doors, take valuables out of the vehicle as well as garage door openers which are then used to burgle residences. Siltala said the County is removing any political signs found in the right of way and campaigns can contact the County if they would like to retrieve them. Pugh asked if the Social Worker is in place. Siltala said there is one embedded Social Worker hired which has been a success, noting the number of mental health calls are steadily increasing. Siltala added the Social Worker has been effective in providing other resources which has had an impact on reducing future calls. Pugh and Siltala discussed the greater number of mental health and domestic calls for service and Siltala said the OPD only has so many resources and generally focuses on responding to criminal behavior. Siltala added there are other resources the Social Worker can access and the OPD wants to get another Social Worker. Pugh asked about DWI's and a way to designate a place where people can park their car and walk home. Hoversten said these people should leave their cars at the establishments they were at and find an alternative way home. Siltala said the OPD has had squads parked in parking lot near these establishments near closing time to deter the bar patrons from driving and often these patrons will see the squad car and use Uber instead of driving. Hoversten said the Hennepin County Social Workers are holding office hours once a week at WeCan for case management and enrollment. Hoversten added that both Hennepin County Commissioners who represent Mound are interested in the embedded Social Worker program and are very interested in input regarding those services. Hoversten noted that Anderson was part of a Town Hall meeting regarding mental health and the County has been very supportive. 7. Administrative Services Director Catherine Pausche requesting discussion and action on preliminary budget and levy (carryover from August 23rd discussion): A. Approve Resolution Approving the 2023 Preliminary General Fund Budget in the amount of $6,394,660; Setting the Preliminary Levy at $6,935,621; and Approving the Preliminary Overall Budget for 2023 Pausche addressed the Council with the 2023 Preliminary Budget and Levy which she said was discussed at length at the August 23rd Council meeting. Pausche said she was not offering a presentation at this meeting but is bringing forward the 5% increase the Council directed Staff to prepare and the $250K HRA levy used to fund the parking deck and Harbor/Transit District operating fund. MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-83: RESOLUTION APPROVING THE 2023 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $6,394,660; SETTING THE PRELIMINARY LEVY AT $6,395,621; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2023 B. Approve Resolution Approving a Levy not to Exceed $250,000 for the Purpose of Defraying the Cost of Operation, Pursuant to the Provisions of MSA 469, of the Mound City Council Minutes — September 27, 2022 Housing and Redevelopment Authority of and for the City of Mound for the Year 2023 MOTION by Velsor, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-84: RESOLUTION APPROVING A LEVY NOT TO EXCEED $250,000 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 2023 Salazar read a statement after the approval of the two budget items noting public comments will be taken regarding the 2023 Budget and Levy at the December 13th meeting and to direct questions prior to the meeting to Catherine Pausche. 8. MS4 Public Meeting Simmons introduced Bob Bean, the Bolton and Menk Water Research Engineer who has worked in Mound and knows the MS4 information very intimately. Simmons said the annual MS4 meeting is a state regulatory requirement to inform the public of activities completed and to provide the opportunity to receive input from residents. Simmons said they will also provide an updated plan for the City which is updated every five years. Simmons defined MS4 as the Municipal Separate Stormwater Sewer System owned by municipalities for operating a conveyance of storm water through the Clean Water Act. Simmons said the City is considered an urbanized area by the MPCA as it meets a number of requirements as an urbanized area. Simmons added the City is currently implementing Best Management Practices (BMP's) with BMPs being the City maintenance of the storm water infrastructure. Simmons said the Storm Water Pollution Prevention Program (SWPP) is a plan to handle storm water citywide or for individual construction activity and includes regulations, education, infrastructure improvement, inspections, maintenance and documentation. Simmons noted that City Public Works staff are key for maintenance and documentation and gave an example of Street Sweeping as an activity which is monitored. Simmons listed the City Commitments to the MPCA: • Public education and outreach - through newsletter articles and demonstration projects such as the one at Carlson Park • Public participation and involvement — Annual Clean-up Day each May and the free dumping of lawn and garden waste are examples of public participation. • Illicit discharge detection and elimination — notification, protection and ordinance prohibiting non stormwater discharge • Construction site stormwater runoff control — site inspections and erosion control • Post- construction stormwater management — Staff conduct Plan review and inspection • Pollution prevention/good housekeeping for municipal operations - Pollution prevention, street sweeping, good housekeeping measures such as snow management to make things more conducive to less salt use Simmons listed the MS4 Program history: • City has 141 outfalls into 18 separate sub -watersheds and to 14 different lakes or bays • 40 sump structure repairs or installation Nine Hydrodynamic Separators such as at Harrison Bay which drops sediment, cleaned twice Mound City Council Minutes — September 27, 2022 • Two pervious pavement lots and two water quality vaults • Three Bioretention basins • Two Dry retention basins cleaned • 10 drainage swales/ravines cleaned Simmons said there is annual maintenance on all the BMP's. Program Highlights: • Villages of Island Park residential inspection • Obtained MS4 general permit for new five-year cycle • Maintenance on the system Plans for 2022: • Annual report completed by June 30 • Partnered on Overland Lane rain garden • Inspection and maintenance • Updated SWPPP and MS4 to include new requirements Bean said the new City MS4 requirements will allow the city to install a bank for extra volume control to be used across the system. Bean added there are new focused education requirements and new requirements to build an inventory of private stormwater facilities. Other new items from the MS4 Permit Requirements • Reconstructed impervious surface • City to concentrate on maintaining inventory of private facilities • Regulatory mechanism for proper salt storage at private facilities • Pet waste on public and private facilities • Increased documentation Salazar asked for clarification about the stormwater bank which Bean said the City could create rules on stormwater allowances. Bean said the MPCA changed these rules to allow cities which add extra volume control and treatment at a specific project which could be used to offset another city project or private project which doesn't have the space or scale for their projects. Bean said this would act as a credit per the MPCA. Simons said the bank concept has been around for a while regarding wetlands and would give the City flexibility in responding to stormwater at smaller areas. Simmons mentioned Future Program Needs • Implement Pond Assessment Plan • Improve efficiencies • Training staff on SWPPP • Inspect all ponds and outfalls Holt complemented Bolton and Menk on the map of the city storm sewer system which Bean said is the MS4 map of the City. Holt commented on fertilizer run off from private properties into Lake Langdon after rainfall which creates an algae bloom. Holt asked if there are fertilizer requirements to which Bean said the City could add something to the Ordinance but presently there are no requirements for fertilizing. Bean said several organizations are taking steps to protect against fertilizing lawns such as adding a 15' buffer to stop nutrients entering lakes. Holt said he fertilizes in spring and fall. Bean said application of fertilizer at the right time of the year, not when it is going to rain and to not over use the fertilizer are good practices. Mound City Council Minutes — September 27, 2022 Bean said as part of the new MS4 rules the City needs to choose two topics to educate the public and the topic of fertilizer use is a common topic. Simons said fertilizer should not be running off into the lake and the tall grass buffer between a lawn and the lake does help with reducing runoff. Holt asked about road salt going into the lake. Hoversten said the City has limited salt use during each weather event regarding the amount of pounds per lane mile. Hoversten added the plow trucks have settings that can't be overridden. Hoversten said these levels are informed by water resource professionals and five City plow operators have taken Road Scholar courses which offer salt use education and the effects of salt use. Hoversten said the City is using less salt and not using sand on streets which has drastically reduced runoff. Simmons said Hennepin County has also changed their behavior regarding salt usage. Holt said he went out to see the Hydrodynamic Separator near Harrisons Bay and asked Bean if he saw a lot of sediment in there. Bean responded that City crews are regularly maintaining the separator and are moving a few buckets of debris twice a year when they do their work. Bean said Harrison's Bay Senior Living Swale is part of a whole filtration system. Bean said the Hydrodynamic Separator has been doing its job and there have been 30 cubic yards of sediment removed over the 15 years of its use. Bean said the City has been regularly maintaining it so there shouldn't be much sediment in it. Bean added the swales need to be cleaned out periodically and is a tradeoff between flood management and water quality treatment. Holt said he has seen videos of water coming down the hill and the flooding of a backyard. Bean said the system was designed in the early 2000's as the City added stormwater treatment in this area. Bean said precipitation and flash storms are more common in recent years with more water bypass of the separator but the same quantity of water enters the Separator. Simmons said the video showed the system doing its job as flood waters are supposed to go to the lake. Simmons added these large rain events are pushing water to get to the lake faster and are due to vegetation needing to grow back in the Swale which was dug out. Salazar, Holt and Bolton and Menk staff discussed maintenance of the Hydrodynamic Separators and Bean said there isn't enough room to put in the amount of infrastructure to handle the stormwater which is coming from an area of 22 acres of which only about 1 % of the land area is in the City. Bean said the City has made improvements to this area and there are other needs in the City. Velsor asked how the City handles new construction sites as he doesn't think enforcement of the control of sediment has been good enough. Velsor said most of the sediment is coming from construction sites and who is responsible to inspect this in our town. Simmons said Bolton and Menk have staff to check on this noting a residential project under one acre has less permitting requirements. Simmons said the watershed district is involved in inspection; especially projects which include grading. Velsor said that while driving around the City and especially around the lake the City needs to be looking at this a lot closer especially back and front yard erosion control. Velsor said new construction is where the erosion comes from in the City and staff should be taking care of this through inspection of silt fences and other controls. Salazar asked about the one acre policy and Bean said when a project is one acre or more MPCA requirements come into play. Bean added the City policy for under one acre fall under SWPPP with an initial installation inspection and further inspections being complaint based. Hoversten said City staff Andy Drilling and Ryan Prich inspect smaller projects based on complaints and then MCWD is called for investigation and enforcement. Hoversten said anything over an acre brings in other agencies and Bolton and Menk responds to illicit discharge. Mound City Council Minutes — September 27, 2022 Hoversten said City staff attend pre -inspection meetings and Velsor said both Drilling and Prich should be SWPPP certified because residents don't have the knowledge to determine illicit discharge. Salazar said Hoversten should get staff SWPPP certified. Simmons said there should be a discussion about level of service and ordinance change for MS4. Discussion ensued about fertilizer application and the responsibility of land owners to be an active part of ensuring clean water is entering the lake. Pugh said she believes people should not fertilize. Hoversten said the City could have a stormwater fee for new construction and he can bring this back to the Council. Salazar called for public input on the MS4. Brad Childress, 1822 Commerce Blvd., said he has a vested interest in this discussion and asked how do you track illicit discharge, how is it measured and how many field staff are doing the tracking. Childress asked about the shoreline system installed in the early 2000's and if staff have looked into it being obsolete. Childress said the response from staff that they hope the system is working is not a strategy. Childress added the City needs to get something bigger out there because pictures don't lie and it is a gully washer each time it rains. Childress said the Hydrodynamic Separator has nothing to do with these rain events. Sherri Wallace, 2135 Overland Lane, said she is Chair of Harrison's Bay Association (HBA) and the water steward of the Overland rain garden. Wallace said the Harrison's Bay Association advocates for Harrison's Bay and the storm water runoff is the main cause of urban pollution of our lakes and rivers. Wallace added that six lakes and bays in Mound are on the MPCA impaired waters list for nutrient loading and the high level of phosphorus caused a blue green algae bloom in Harrison's Bay this summer. Wallace said improving water quality is complicated and multiple land owners and agencies need to work together to address these issues. Wallace said Painters Creek is a major polluter of our waters from Jennings to West Arm and Harrison's Bay. Wallace said the HBA has a water quality committee and are looking into a rain barrel sale. Wallace said there are a lot of storm sewer outfalls directly into the lakes and requests that the Council appoint a stormwater/water quality commission to partner with the City engineers to look at all of these storm water issues. Wallace would also like the commission to work on resident education and have people focus on these issues. Venus Steffensen, 1838 Commerce Blvd., handed out two items to Council and staff regarding Hydrodynamic Separators and runoff. Steffensen said she built on 1.3 acres and the runoff protections on their build was well done. Steffensen said she is a member of the Harrison's Bay Association which was started in the last year, noting the neighbors of the area have been working on these issues for the past 20 years. Steffensen said the area she is addressing is at the tip of Harrison's Bay to the marina off of Lafayette Road. Steffensen said her presentation is related to the water quality of Harrison's Bay particularly the area at the western tip of the bay. Steffensen showed photos of the lagoon walls which she said are eroding due to road salt, and photos of low water and an algae bloom. Steffensen said many of the boats were taken off the lake early and many that remain are sitting on mud. Mound City Council Minutes — September 27, 2022 Steffensen listed the following concerns: • Harrison's Bay is being used a settling pond. • Insufficient stormwater solutions — Hydrodynamic Separator • Properties on west side of CR 110 have increased impervious surface dramatically • Sodium chloride contamination — road salt is pouring into the Bay 22 acres of runoff is draining into one point on Harrison's Bay • Harrison's Bay Senior Living replaced a florist shop • Additional contaminants/phosphorous —Algae blooms • Erosion and potential failure of foundations Watercraft engine repairs and replacement Steffensen mentioned the timeline of activity in the area which included two dredges in the 1980's and one in the 1990's. Steffensen said neighbors in the area regularly addressed the Council on the runoff in the area from the late 1980's to 2007 when she said the City finally took care of the problem with the Hydrodynamic Separator. Steffensen said the Hydrodynamic Separator (HS) doesn't eliminate sediment but Bean said they are designed in an off-line position to take the first flush of runoff and it has been regularly maintained. Steffensen said silt isn't being captured in enough capacity. Steffensen cited a study which the Hydrodynamic Separator doesn't remove enough silt when there are high amounts of runoff. Bean said the research in 2008 said the HS needed to be placed off-line and that was what was done. Bean said the HS doesn't take out phosphorus which needs to be filtered with sand and iron filings, noting the issue is 22 acres coming to one point and there being a flood issue at that site. Hoversten said engineering is trying to balance available land area, flooding and water quality and the next level of treatment of iron filing requires more space. Hoversten added when there is rain at a very high rate the HS goes off-line quickly and more water frequently overrides the HS. Hoversten said rain intensity is much higher in recent years. Hoversten said there isn't the real estate available that is needed to create an engineered project to treat the water. Hoversten said there is a drainage Swale to dissipate flow and there is a quite a lot of storm water infrastructure in this area and asked how do you elevate one need over others. Hoversten said there is a sump manhole in another area in which stormwater runs to the lake and into Harrison's Bay. Steffensen said she is taking about silt and not phosphorus and the water volume and sediment that is getting into the lake. Stephenson showed videos of a lawn being flooded and asked if the systems are catching the water. Hoversten said during a rain event like the one depicted the treatment the Swale and the buildup in the Swale was dug out to create greater capacity to hold water. Stephenson showed another video of flooding and damage and one in which the erosion logs put in place in the Swale were damaged and floating in the water. Steffensen said the 2007 HS system allows water and silt into the Bay and an island has grown to twice its size since that time. Steffensen said impervious surfaces and the development west of 110 create direct runoff into Harrison's Bay. Steffensen presented statistics of the acres of land which runs into the Bay. Steffensen said 22 acres of water are running to the lake and it includes a lot of salt. Steffensen said after the first rain of July 2022 a neighbor measured 10 inches of sediment and the next rain of the season created sand dunes. Mound City Council Minutes — September 27, 2022 Steffensen said there is too much water coming through and the HS doesn't take out silt and fine pieces of clay. Steffensen said the buildup of silt is going to be placed on the backs of retirees to dredge this area. Steffensen said this channel has been drained several times. Steffensen said there where permits taken out by the City of Mound through the Minnehaha Creek Watershed District (MWCD) of dredges in the area in the past. Steffensen said she is asking for the City to do the right thing and this is not about 1 % of area but a failure and the amount of salt in the runoff killing wildlife. Stephenson said the drainage area is in Minnetrista and is now owned by the MCWD who should put in a holding pond. Steffensen presented a flow layout drawing which showed a stormwater outlet that goes under County Road 110 to Harrison's Bay. Steffensen asked how many of these outlets are there and she does not believe runoff from 22 acres is being treated. Steffensen said she has been begging since 2001 for the City to do something. Tom Brossard, 1818 Commerce Blvd., said he is President of the Harrison Harbor Twin Homes and there is not enough talk about the silt in general. Brossard said he has been facing this problem for years and he has monitored the marina and lagoon. Brossard has photos from 2010-2011 and said you can watch the brown water run into the lagoon right out to the island. Brossard said if this is recurring over the last twenty years there has been a lot of buildup. Brossard said he estimates there have been five channel dredges since 1988, noting the expense of dredging has gone up over the years. Brossard said there are 27 families who are tired of this situation and a retired attorney said the City will play rope a dope with you and not do anything. Brossard said the 27 families will keep pressing and want a plan and make it work. Brossard said Cully Extad took the lead to get the filter system put in and the plan at the time was to dig out a large holding pond on the private land which is now owned by the MCWD. Brossard said this land slopes to the SE and the silt runoff comes from this hill. Brossard said the MCWD is one of the primary polluters. Salazar said the land was sold in 2014 to the MCWD and asked if the group has talked to the watershed district? Velsor said typically the process is the watershed will look into the cause of the brown water and go upland to inspect and determine the source. Velsor said if the watershed is causing the silt they should acknowledge it. Hoversten said there are two catch basins and a culvert that work as storage areas. Hoversten added that as the pipes fill that is a storage relief and water is detained and then when water subsides the gravity flows water back into the system. Hoversten said the system there helps with flash flooding and protection of private property. Hoversten said the Swale does work to remove silt but as the Swale area filled in it caused the runoff to backup which led to more potential to flood the private property. Hoversten said the City dug out the Swale to balance the needs to protect property from flooding with stormwater treatment which means that some silt could get into the lake. George Eck, 1760 Commerce Blvd., said he was an attorney at Dorsey and Whitney for 41 years and is looking to protect the lagoon, the bay and the lake. Eck said he is asking the elected representatives and the experts to solve the problem, noting the great ideas from Steffensen and that he hasn't seen anything productive from staff. Mound City Council Minutes — September 27, 2022 Velsor asked Eck what ideas are being given to the Council. Steffensen said her idea was a holding pond on property in Minnetrista and although she is not an expert she would like to see cooperation. Steffensen said the City should dredge their area and fix the lagoon wall. Steffensen said the City needs to fix the problem after the dredge and wall rehab. Steffensen said this isn't about private property destruction but their group is looking at the buildup of the silt as also damaging private property. Eck asked what is the City going to do and to understand the legal process, noting they are not threatening the City but are looking for collaboration. Eck said he wants the professional staff to work on this and be creative. Eck wants the City to start a process so the neighbors don't file a claim against the City. Brossard said the main channel should be dredged every 7 to 8 years and should have been dredged in 2014. Brossard added the silt is 30 to 40 inches deep and won't get deeper as the new silt will spread out to affect the whole bay. Wallace said she likes the tracking of the source of the brown water and would like to see a partnership between agencies, (Mound Minnetrista and the MCWD) to figure out what is going on and develop a creative collaborative approach. Wallace said the MCWD doesn't care about the runoff because the amount of runoff is 1 % of their watershed. Hoversten said their perspective is their undeveloped land is not loading like the other properties which have been mentioned. Velsor said you don't get silt from developed land. Hoversten and Wallace talked about the MCWD property and the steep grade which makes it difficult to hold stormwater back as the natural flow of the overflowing water is down to the lowest area which is between the two private properties on the shore of Harrison's Bay. Discussion ensued about the Minnetrista property and the other property on the west side of County Road 110 and how those properties hold stormwater in those locations. The neighbors complained about the stormwater on Harrison's Bay Senior Living and the middle school and the other property to the west of commerce. Salazar said there are four parties involved, Minnetrista, Mound, Hennepin County and the watershed district, and this will take some time and investigation. Salazar asked what was the discussion with the MCWD about their property specifically and the 1 % of water in the watershed going into the lake. Salazar said the plan needs to be looked at and some dialog with the watershed needs to happen. Salazar said this would be 4000 cubic yards of dredging and the City has a policy of not dredging out bays even though it may have been done in the past. Salazar said you guys live on the shoreline and I do too. Salazar said 20% of us live on the shoreline and 80% are inland and if this comes to the dollar amount then everyone pays for the dredge. Steffensen said they pay a lot of property tax. Salazar said there isn't money sitting around to pay for it and we need to look at this and see how we can stop this from happening in the future. Salazar said dredging every 5 to 7 years isn't a good use of money, noting the City engineers are doing their job and the City cannot take total ownership of their problem. Dru Ann Childress, 1822 Commerce Blvd., said the Council and the engineers need to take responsibility and it is obvious that it is everyone's responsibility that we as a community need to fix the dredge of the area. Childress said she is not an expert but she can see the changes in the lake and asked why we should pay $20,000 for a dredge of our area. Childress said they will help pay in but the other parties need to be involved and somebody needs to take a stance now because if something isn't done it will be too late. George Eck, 1760 Commerce Blvd., asked the Council to make a motion to direct the staff and experts to come up with a solution within 30 days that would be a concrete start that will help the neighbors to walk away with an appreciation for the process. Mound City Council Minutes — September 27, 2022 Joe Bowman, 1717 Finch, said he lives on Harrison's Bay and knows the City does dredges, noting the Lost Lake dredge and how it builds the tax base. Bowman said the silt is coming from someplace and the City caused the problem through engineering and through it's no one's fault it is a real problem. Bowman said the City will dredge if it benefits the City. Salazar said it is not City policy to dredge private lakeshore, noting Lost Lake is public shoreline. Holt said he was out across Commerce on the Minnetrista side and there is a lot of area there to dig down and up to create a retainment area. Holt added what we need to do as a Council is to make sure the Hydrodynamic Separator is working and to see a report that the size of it is big enough for the location. Holt said at least two Council members should be working with staff and the other four organizations. Holt said he knows about the Avalon Channel study. Holt said he walked the MCWD land and it is very steep. Holt said we can't just say no but if there is an option to get other organizations to come up with some kind of solution where this is coming from and come up with a game plan. Brossard asked about the diagonal pipe under County Road 110 and what if it is removed. Simmons said it is needed so water does not go over the road which Hoversten said would create an unsafe situation and would not achieve what is desired. Hoversten said this wouldn't solve the stormwater problem. Childress said as a lifelong football coach one of the great lessons he has learned was anytime someone brings you a problem as a Head Coach which I didn't have a well thought out solution there are always experts in the area to be called upon and this group is asking for a well thought out solution, noting what's in place is not working. Salazar said dredging is only a Band-Aid and asked where the silt is coming from. Salazar said most likely than not it is from the wooded area and what about making the retention pond larger. Salazar said the Council should give this back to the staff and for staff to come back with a plan. Velsor said this is not just us and Salazar said come up with a plan that is not just the City. Pugh said this is very interesting information and her frustration is our role in leading and the Council needs to say that we will bring together all of the parties to figure out what is our role and what is on us. Pugh said she would like to make a motion to direct the staff to take the lead to analyze the problem and bring together the four government entities and come back with a solution, Holt seconded. All voted in favor, motion carried. Velsor said he would like to amend the motion to have someone from Council be part of that meeting. Larson said she is on the Docks and Commons Commission and hears a lot about the dredging and would like to volunteer to do it. Salazar said someone neutral should be in the meeting and agreed Larson should be the elected official named to the group. 9. Discussion and Action to Approve Resolution Accepting Bid for 2022 Manhole Rehabilitation Proiect Citv Proiect No. PW-22-04 Simmons said this item is the Annual Manhole Rehabilitation Project which seals up the sanitary sewer system from Inflow and Infiltration by installing a spray -in liner. Simmons said the low bid came from ice Mound City Council Minutes — September 27, 2022 Floorcoat Midwest with a bid of $97K which is 9% below the engineer's estimate. Simmons recommends the bid be awarded to Floorcoat Midwest. MOTION by Velsor, second by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-85: RESOLUTION ACCEPTING BID FOR 2022 MANHOLE REHABILITATION PROJECT CITY PROJECT NO. PW-22-04 10. Action to close the public meeting pursuant to Minnesota Statutes, section 13D.05, subdivision 3(c)(3) to consider a counteroffer for the sale of real property containing 0.19 acres the City owns on Commerce Boulevard Outlot B (former Longpre property). Adam Seraphine, NHH Properties, said beginning in late 2021/early 2022 he began looking at a property on Shoreline Drive which he now owns and is looking to acquire the City property next to it. Seraphine added the process set forth was for the City to get an appraisal and allow Seraphine to review the price the City proposes. Seraphine said the project doesn't support the appraisal price. Seraphine said he has a couple of options and one would be to say thank you but I can use my property only for development. Seraphine said if he did not buy the City property the site would be left on an island and not give the city the opportunity to get tax revenue from the development. Seraphine said he discussed a higher density project but was informed by staff that the City would not be interested. Seraphine said he approached Hoversten to seek an amendment to the purchase agreement and is here to discuss an offer of $50K for the property. Seraphine said he is willing to go either way on the site but is willing to give the City the opportunity to discuss options. Salazar said originally the project was going to be seven rowhome units with 3,000 to 6,000 square feet of commercial space. Seraphine said the project has been amended to be 4,000 feet of commercial space and six townhomes. Salazar said the townhomes will be $500K a piece and asked what is the value of the commercial space. Salazar asked if it will be an office and Seraphine said yes and it will be valued at $1.1million for the space with a shell and then he will spend $70-100K for improvements. Seraphine said he owns apartment buildings but most of his recent products are for -sale products. Salazar said he came to a valuation of $4.3 to $4.5 million for the total project. Holt asked if the units are for sale and Seraphin said yes and the commercial space would be sold and the office user has been identified. MOTION by Velsor, Second by Holt to consider a counter offer for the sale of real property containing 0.19 acres the City owns on Commerce Boulevard, Outlot B (former Longpre property). All voted in favor. Motion carried. At 10:12 Mayor Salazar called the meeting into closed session. At 11:08 Salazar called for a motion. MOTION by Velsor, second by Pugh, to reopen the meeting. All voted in favor. Motion carried. m Mound City Council Minutes — September 27, 2022 Salazar made a counter offer of $75,000.00 to Seraphine for the City owned property. Seraphine said the numbers don't work and he would love to do the project but will decline the offer. Salazar said given the response would Council like to reconsider the counter offer. MOTION by Salazar, second by Holt, to accept the offer by Seraphin for $50,000. All voted in favor. Motion carried. 11. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten mentioned the upcoming schedule: • Oct 18 special meeting workshop • Nov 8th meeting to November 91h due to the General Election Salazar said he attended the Incredible Festival and it was great, noting he spent most of the morning and afternoon in food service and it was a well -attended event. Larson said Tom Rockvam passed away and said she worked on his Growing Up on Lake Minnetonka book at its very early stage. Larson added that Rockvam worked on getting the Andrews Sisters Trail established and did a lot for our community. Larson said he was a great guy and a major loss in town. B. Reports: Fire Department — July 2022 Finance Department — July 2022 C. Minutes: Planning Commission —August 16, 2022 Docks and Commons Commission — March 17, 2022 D. Correspondence: WHS — Invite to October 8th Lecture on Three Points Mound Press Release — September 21, 2022 — Fall Construction 8. Adjourn ACTION by Larson, seconded by Holt, to adjourn at 11:15 p.m. All voted in favor. Motion carried. /C ' -�- /(�i4 -- Attest: Ktavin Kelly, Cler 12 Mayor Raymond J. Salazar