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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