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2023-06-27 CC Meeting MinutesMOUND CITY COUNCIL MINUTES June 27, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 27, 2023 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Jason Holt, Council Members, Paula Larson, Kathy McEnaney and Kevin Castellano. Members absent: Sherrie Pugh Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, Noah Iverson, Finance Director, Assistant City Engineer Matt Bauman, Assistant Planner Rita Trapp, Jessica Cook, Ehlers, City Attorney Scott Landsman, Justin Nilson, Abdo, Therese Frenette, Paul Larson, Tom Frenette, Becca Sanders, Matt Jakubik, Mary Brockberg, Cindy & Mike Gilbertson, Faye Dobson, John Zevenbergen, Rosie Block, TCody Turnquist, Dean & Juli Hunter, Ralph Kempf, Nick Kohmen, Charles Upton, Dave Olson, Andrew Moran, Dan Saatzer, Linda Cordie, Dan Schmidt, Ryan & Dawn Bortolon and Layne Henningsgaard. 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 Alleaiance 3. Approve agenda Hoversten added Item 6.1, the Ehlers contract for strategic planning and financial analysis services with additional pages 1347.1 to 1347.7. MOTION by Larson, seconded by McEnaney, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by McEnaney, seconded by Castellano, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $3,267,086.07. B. Approve minutes: 5-23-23 Regular Meeting 5-16-23 Concurrent Special Meeting 6-21-23 Special Meeting C. RESOLUTION NO. 23-59: RESOLUTION APPROVING LIQUOR LICENSES D. RESOLUTION NO. 23-60: RESOLUTION DECLARING JUNETEENTH (JUNE 19T") AN OFFICIAL HOLIDAY FOR THE CITY OF MOUND Mound City Council Minutes — June 27, 2023 E. Approve Second Amendment to the Lease Agreement with LMCD F. RESOLUTION NO. 23-61: RESOLUTION AUTHORIZING IMPROVEMENTS TO DETACHED ACCESSORY STRUCTURE/GARAGE AT 2142 SANDY LANE CONTAINING LAWFUL, NONCONFORMING USE AS PROVIDED BY MOUND CITY CODE SEC. 129-35 (B) (5) G. RESOLUTION NO. 23-62: RESOLUTION APPROVING AMENDMENT TO RESTORATION/REMOVAL AGREEMENT FOR 3053 BRIGHTON BLVD. H. RESOLUTION NO. 23-63: RESOLUTION AUTHORIZING A 2024 CAPITAL BUDGET REQUEST TO THE STATE OF MINNESTOTA FOR A WATER TREATMENT IMPROVEMENTS PROJECT I. RESOLUTION NO. 23-64: RESOLUTION APPLYING FOR A GRANT FROM THE MINNESOTA FACILITIES AUTHORITY AND AUTHORIZING PREPARATIONS OF PLANS AND SPECIFICATIONS FOR WATER TREATMENT IMPROVEMENTS PROJECT J. Approve Public Works Project Pay Items: 1) Pay Request #3 in the amount of $41,526.84 to Valley Paving for the 2022 Surfside Park Depot Area Improvements Project PW 22-09 2) Pay Request #3 in the amount of $165,280.99 to Bituminous Roadways, Inc. for the 2023 Lynwood Watermain Ph 3 Project PW 23-01 3) Final Pay Request in the amount of $16,500 to MP Asphalt Maintenance, Inc. for the 2023 Crack Seal Contract PW 23-06 4) Pay Request in the amount of $85,940.97 to Valley Paving for Miscellaneous Street and Sidewalk Repairs relating to 22/23 winter -season emergency utility repair activities 5) Pay Request in the amount of $6074.00 to THN Enterprises, Inc. for the emergency Surfside Boat Landing Repair, 23-12 6) Pay Request #2 in the amount of $95,508.36 to Pember Companies, Inc. for the 2022 Lift Station Improvements Project PW 22-03 K. RESOLUTION NO. 23-65: RESOLUTION APPROVING PERMITS FOR NO NONSENSE BEACH BRAWL EVENT AT SURFSIDE PARK AND BEACH ON SATURDAY, JULY 29, 2023 5. Comments and suggestions from citizens present on any item not on the agenda. Mike and Cindy Gilbertson, 4350 Wilshire Blvd. and Mary Brockberg, 4354 Wilshire Blvd., said they would like to address the Lakewinds Lift Station project. Gilbertson stated he didn't get notified about the lift station project. Gilbertson said he grew up in Mound and has lived in his house across the street from the lift station for 30 years. Gilbertson said he is concerned with the scope of the lift station project and has a problem with the 120 feet driveway and long brick wall which will be added when the new lift station is built. Mound City Council Minutes — June 27, 2023 Gilbertson said their concerns aren't against a new lift station but said this is a massive change which is not technically necessary. Gilbertson said the system in place has worked for 30 years and is almost invisible. Gilbertson said he doesn't agree with the decision to put in the road which has led to the inclusion of the large retaining wall. Gilbertson said they deal with traffic and noise already on Wilshire Blvd. and the wall will increase the noise level they experience by passing vehicles. Gilbertson said the City vehicles which service the lift station work at the lift station for about for 10-15 minutes, once a day. Gilbertson listed his concerns: • Increase in noise • Significant cost at $100K for the wall and access road • Aesthetics of wall and driveway are poor • The wall will need a fence above it for safety • Snow removal will be an issue • The wall could be a target for graffiti • The Lakewinds driveway is a turn around for ice fishing people and the new road will be used by these people and could put the lift station equipment at risk Gilbertson said he wants the retaining wall and driveway to be removed from the project or he would like a short driveway for one truck to park and keep the existing generator at its current space in order to minimize the other lift station equipment. Brockberg said the Council should look at the additional cost of $110K for the road and wall. Holt said the City will look into the cost of the project and will see if the project can be amended. Ralph Kempf, 3675 Togo Road, in Orono, said he is on the Lakewinds Board of Directors and his main issue with the project is the removal of the wall which has a dramatic impact on Lakewinds and the project should be put on hold. Hoversten said the project design was approved in February and the bid was accepted by the Council in March. Larson said the City needs to have a dedicated communication person to put something like this project on the City website. Larson said is there a notification rule to residents of Lakewinds so they know about the project. Hoversten said the Lakewinds Board was notified. Baumann said the depiction of the lift station wall by Gilbertson was pretty accurate. Bauman said he reached out early on to Jonathan Bell at Lakewinds and got information from him with the wall and driveway being worked through many iterations. Bauman said the reason for the road was to get City service vehicles off of the County Road with the pull through driveway. Bauman said the wall was the only solution due to the hill at the location behind the Lakewinds garage. Hoversten said the new plan provides adequate safety for work at the lift station to be completed. Hoversten said there are two large trucks which need to respond to any emergency at the site. Hoversten said these projects balance keeping the old lift station in operation during the project versus using Pump trucks. Hoversten said pumping costs money and the costs to doing this Mound City Council Minutes — June 27, 2023 would need to be paid. Hoversten said the retaining wall is a consequence of the design of the project and the continuous operation of the existing lift station. Hoversten said this means the new lift station has to be put somewhere other than the current location. Hoversten said the retaining wall is not caused by the road but by the need for a flat surface for the equipment placement and service. Hoversten said the flat surface causes the need for a wall to retain the hill. Hoversten said there is a landscape allowance to do after treatment landscape softening at the project site. Bauman said there are County Road setback requirements which the City needs to maintain to get a permit for the project. Gilbertson said he wants a smaller scale to the project as the City services the lift station only once a day. 6. Justin Nilson, Senior Manager of Abdo, LLP presenting the 2022 Annual Comprehensive Financial Report and requestion action receiving same Justin Nilson, Senior Manager, for Abdo, LLP presented the 2022 Annual Comprehensive Financial Report (CAFR). Nilson said the Audit process went very well this year. Nilson went over the Audit Results - • Auditors Opinion is a modified opinion which has been consistent over the years. The modified opinion is due to the City not implementing GASB 68, 75 and 87 protocols. • Legal Compliance - no issues in the 2022 findings. General Fund — • Unrestricted Fund Balances have had consistent results over the past five years and the fund balance has also been consistent over the past five years. General Fund Budget — • There is actual increase in the fund balance by $30K as there was a $300k increase in revenue due to the accrual of interest in 2022. Nilson said there was a $100K increase to expenditures. General Fund Revenues and Expenditures by Type — • Taxes largest portion of revenue Expenditures - • Public safety is the largest area of expenditure which is consistent with previous budgets Special Revenue Funds — • Fire Service had a $32K increase • Debt Service Funds — Bonds remaining outstanding of $14Million and are scheduled for significant decrease over the next ten years 0 Capital Projects Fund — increase of $700K from 2021 strong reserves to pay for future needs Mound City Council Minutes — June 27. 2023 Enterprise Funds — Liquor Fund — the gross profit percentage is doing well compared to statewide averages and the store is transferring funds to other funds and has a good cash balance • Water Fund — A chart described the operating costs and payments compared to receipts which are in line with previous years. This fund continues to owe other funds cash due to transfers in • Sewer Fund — There are positive operating receipts which have exceeded costs over the past four years with approximately $2Million in cash • Recycling Fund — consistent over time with a cash balance around $200K • Storm Water Fund — costs and debt payments significantly higher than receipts with $1.5Million borrowed from other funds Cash and Investments Balances — consistent planning over past three years with good budgeting Key Performance Indicators Taxes - The City's tax rate is favorable when compared to similar sized and Hennepin County (HC) cities. Per capita taxes show the City to be on the higher side compared to similar sized cities but in line with HC cities Debt — The City holds higher debt per capita though this area is trending down as the Enterprise funds have shown a decrease in debt per capita. Expenditures — Debt Service per capita for operations and Capital expenditures compares well to other cities. Castellano asked about the City policy to keep General Fund reserves at 20% and if this is typical of other cities. Nilson said other cities have higher minimums or greater ranges and the City is lower than others but this policy doesn't mean it is wrong. Nilson also noted the General Fund actual reserves are consistently higher than the 20% minimum. Castellano asked if anything stood out and Nilson said there was nothing of concern and staff do a great job. Holt asked about water and storm water funds and how the other cities deal with these challenges. Nilson said a lot of cities days are coming as far as infrastructure costs going up and other cities are in the same boat as Mound, but most cities use rate increases in response. MOTION by Castellano, seconded by McEnaney to accept the 2022 audit report. All voted in favor. Motion carried. 6.1 Ehlers contract for strategic planning Jessica Cook, Ehlers, said Stacy Kvilvang will conduct the one-on-one interaction with Council Members noting Cook's expertise is in utilities. Cook said her hope is for an interactive process which marries the Council's vision for community with the financial realities. Cook said Ehlers will work with the Council on achievable goals and provide a tool in which staff can use to keep the process moving. Mound City Council Minutes — June 27, 2023 McEnaney said she is conflicted with the City spending 55K and would like to see staff use a template to take care of the financial strategic planning. McEnaney said she regrets voting in favor of the contract and would prefer to use the $55K to take care of the staff who can help the Council through this process. Cook said she respects McEnaney's concern and it isn't a small sum and it is difficult to be in a policy making role. Cook said Ehlers can bring a depth of experience to help the City get through the challenges and opportunities facing the City noting there are opportunities to fund projects and to meet the City's pressing needs. Holt said the Council serves as the policy setters and staff do the work on Council direction to the City Manager. Holt said the biggest thing he has heard is nobody trusts our staff and the Council needs to have an outside person to oversee a long-term financial plan to get to where the Council wants to go. McEnaney said she said there is value in using Ehlers but doesn't think the time is now for this help. Hoversten said he would offer two things he has heard the Council say about the financial plan. Hoversten said the first is there needs to be a consensus on a Council vision which is achievable. Hoversten said there may be some opportunities which Ehlers can help with which creates something of a road map of where the Council wants to go. Hoversten said the second point is that Catherine Pausche and Noah Iverson have a saturated capacity in doing the day-to-day work of the City and don't really have the opportunity to be creative and innovative. Hoversten said this is why the City hires consultants to do this on behalf of the City. Hoversten said Ehlers will give the City something sustainable going forward. McEnaney said one of her biggest concerns is to help the City staff. Cook said Stacy Kvilvang has done the same strategic planning with Burnsville which is to be response to the desires of the Community with the financial piece backing these desires. Cook said what we want to do going forward is to have Council input and develop consensus and develop how the City is going to pay for the vision and strategic plan. Castellano said this isn't all about financials and the City will receive a great benefit from Ehlers noting the trickle down impact of a lack of planning would create more costs to the City. Holt said the Council needs to come up with a new vision and strategic plan as a City to respond to the $3M hole the City is in and how to fund the City's priorities. Larson said she voted no to hiring Ehlers at the workshop. Larson thinks it is a total waste of money and this planning is staff's job to do. Larson said the Council needs to have another workshop to decide on our own path and hand over the plan to Hoversten. Larson said she feels this is totally the wrong time to do this. Larson said the staff can do the job on the budget and work through this and come up with new ideas. Larson said the City is working through past Council decisions and the Mayor now needs to do the job left to him. Hoversten said one of the concerns of the Council and community is the relationship between the staff and Council. Hoversten said he didn't want to lead this discussion. McEnaney said the Council should wait until we have the two new staff in place. Hoversten said you need to have a roadmap ready for the new City Manager and Deputy City Manager. McEnaney said the Council is slapping the electorate in the face because she believes the Council has this expertise in place. Mound City Council Minutes — June 27, 2023 Holt asked Cook how many other cities Ehlers has worked with. Cook said over one hundred. Holt said are these other City Councils not doing their job. Cook said the other cities are doing their job by hiring outside expertise. Discussion ensued regarding tabling the Ehlers contract vote until the full Council can vote. Holt said Council member Pugh was in favor of the contract and she is not here to vote. Holt said the Council needs the expertise of Ehlers. Holt added the Council needs Ehlers to help provide a roadmap to the new City Manager and staff. MOTION by Holt, seconded by McEnaney, to table action on a contract with Ehlers. Larson, McEnaney and Holt voted in favor. Castellano voted no. Motion carried. 7. City Council hearing in its capacity as Board of Adjustment and Appeals, to consider request from Ryan Bortolon, owner of property at 1665 Bluebird Lane, to appeal Community Development Director's determination that the property does not have lawful, nonconforming status for short term home rental Tabled from May 12, 2023 (Planning Case No 23-09) Applicant: Ryan Bortolon Requested Action: Approve Resolution No. 23-66 Affirming Community Development Director Determination that Property at 1665 Bluebird Lane Does Not Have Lawful, Nonconforming Status for Short Term Home Rental Trapp said this item was on the agenda from two weeks ago. Trapp said the applicant is appealing the determination from Sarah Smith that the property does not have legal non -conforming status. Trapp said the City Council passed the ordinance in 2018 to prohibit short-term rental properties in Mound. Trapp said the City established a process to determine the level of short-term rentals at that time and staff at that time reached out to active short-term rental properties. Trapp said staff studied the short-term rental situation between 2013 and 2018 and allowed pre -booked rentals to continue. Trapp said after staff consideration, staff determined that 1665 Bluebird didn't qualify as the property was not in use as of the August 5, 2018 prohibition. Trapp said the determination found there was short-term rentals occurring at 1665 Bluebird in 2012 only. Trapp said from 2013 to 2018 there was long-term rental at the property but no short-term rental so the property didn't meet the criteria as a lawful non -conforming use. Trapp said the legal appeal was reviewed by the City Attorney whose opinion was the application did not have legal merit. Trapp added the May 2nd Planning Commission (PC) meeting reviewed the application and heard from the concerns of neighbors. Trapp said the PC recommendation was to concur with the staff determination. Trapp said this appeal process was sent to the property owner and to properties within 350 feet of 1665 Bluebird property. Mayor Holt opened the hearing at 8:36. Ryan Bortolon, owner of 1665 Bluebird Lane, said he wanted to establish a couple of facts; he or other family members are not real estate agents and are not attorneys and haven't served on a Council. Mound City Council Minutes — June 27, 2023 Bortolon said they own two properties, 1665 Bluebird Lane and their home in Minnetonka. Bortolon said they bought their Mound property as a short sale when the real estate market was down. Bortolon said they used 1665 Bluebird as a short-term rental in 2012. Bortolon said due to work and having small children at that time they kept the property as a long-term rental for 10 years. Bortolon said their plan was to eventually use the home for personal use for friends and family along with short-term rentals and then become their retirement home. Bortolon said since they have been using the property as short-term rentals Bortolon said he has experienced verbal harassment, pets loose on the property, many cars parked on the street and fire pits too close to the 1665 Bluebird property line. Bortolon said a lot of the complaints of the rentals took place during the long-term rentals. Bortolon provided three items of note: • Other Cities have changed City policy toward allowing short-term rentals. Bortolon gave an example of the City of Minneapolis changing ordinance to allow short-term rental • The City of Mound was pretty vague and unclear regarding the information about short-term rental rules in 2018 • Bortolon said there are at least 15 properties doing short-term rental in the area of Mound McEnaney asked Bortolon how often he comes back to visit his property. Bortolon said his Minnetonka property is not on the Lake and his friends and family members use the property for boating. Bortolon said he has listed the property as a long-term rental property and has family uses it as a short-term and would like to market the property as a short-term rental. Therese Frenette, 1672 Avocet Lane, said they never knew who the owner was and the residents who were the long-term rental people told us they were buying the home. Frenette said she looked up the owner but found only a rental company listed and couldn't find out a personal owner of the property. Frenette said she would have complained about the long-term renters if they knew who the owner was and the recent complaints about the property have been about the problems from the short-term renters. Frenette said is concerned about Bortolon's plan because she has looked up the property on rental sites and advertises it for stays of four days or more. Frenette said she hopes the moratorium continues as it gives the residents strength and having a short-term rental doesn't benefit the neighborhood but only benefits the owner. Frenette said Bortolon just gets on his boat and leaves to get on the lake. Frenette said she and her neighbors are trying to solve the neighborhood's problems. Frenette said in order to strengthen neighborhoods she hopes the moratorium continues on short-term rentals. Frenette said Bortolon can continue to rent out the property as a long-term rental. Holt said he feels for Bortolon but there are rules in place. Holt said Bortolon has rented it long term and he wasn't on Council when the short-term rental ordinance was approved. Landsman said the prohibition on short-term rentals included a pivotal case which was Dean vs. the City of Winona from 2014. Landsman said his firm, Hoff and Barry, and attorneys Shelly Ryan and George Hoff consulted on the case. Landsman said his legal opinion in regards to equal protection doesn't mean an unequal result is non -lawful. Landsman said the process and prohibition are similar to the Winona case. Landsman said staff provides a rational basis to determine this is not a legal non- Mound City Council Minutes — June 27, 2023 conforming use. Landsman said the use needs to be in place when the ordinance was passed and Bortolon said he was long-term renting during the time the ordinance was approved. Holt said the Council tabled the decision from the May meeting out of respect to Bortolon not being able to attend that meeting. Mayor Holt closed the hearing at 8:53 p.m. MOTION by Castellano, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-66: RESOLUTION TO AFFIRM COMMUNITY DEVELOPMENT DIRECTOR DETERMINATION THAT THE PROPERTY AT 1665 BLUEBIRD LANE DOES NOT HAVE LAWFUL, NONCONFORMING STATUS FOR SHORT TERM HOME RENTAL 8. Introduction of concept plan for lot subdivision of property at 5340 Bartlett Blvd. Owner: Jon Jenson Representative: TCody Turnquist Trapp said this is in response to the policy for a preferred development process for questions and guidance from the Council. Trapp said staff aren't making any comment on the proposal. Trapp said staff did make a 350 feet public notification according to the policy and staff received phone calls from the public regarding the proposal. Holt said using the eliminating the Development Committee and using this process is meant to involved the community in the process. Hoversten said there is a moratorium on multi -family housing application projects noting this proposal isn't subject to the moratorium language. TCody Turnquist, 2000 Chestnut Road, Hamel, said he didn't want to waste the time of the Council and it is important to get accurate information. Turnquist said he developed the Villages of Island Park townhome project. Turnquist said he is trying to utilize the 1.6 acres of land save the historic home on the property noting the County would like to see only one entrance to the site. Turnquist said the plan seeks to keep the green space and fit the development into the neighborhood. Turnquist said there is a lack of inventory in Mound and people want to live here and this would create access and opportunities. Turnquist said his background is in architecture and urban planning as well as real estate. McEnaney asked what price point they were looking at to which Turnquist said he didn't want to talk value. McEnaney said are they looking for entry level buyers to which Turnquist said the existing home could be purchased by a first-time home buyer. McEnaney asked about the access point and if the driveway is big enough and Turnquist said the driveway is larger than a typical driveway and allows access on both lanes. Holt said he can see the existing house from the street the planned driveway would be on the east side. Discussion ensued on whether the Council should hold a neighborhood meeting or to use the Council meeting to function as arbiter to move the development plan to the Planning Commission, noting this is a high level review without any approvals. Mound City Council Minutes — June 27, 2023 Becca Sanders, 2448 Lost Lake Road, said it is not an exaggeration that she has a privacy buffer and it looks like a City street is being shoehorned into the neighborhood. Sanders said she is worried about losing the mature trees at the site. Sanders said she was on the Historic Preservation Committee in Excelsior and likes the preservation and keeping of the existing home but the design takes away our privacy. Rush Block, 2458 Lost Lake Road, said his property it at the northwest corner of the property. Block said the water table is a problem and that is why the back of the lot hasn't been developed and we are going to lose a number of mature trees and lose wildlife who use that area of woods. Block said a better use of the property would be to leave it as is and let the adjacent properties buy sections of the land. Nick Kohman, 2567 Lakewood Lane, said he has been an arborist for 16 years and there will not be a single tree saved. Kohman said the road design with a two-lane driveway and the elevation there would be drainage issues and would like to see more of a plan. Kohman said if the area is clear cut it would be horrible for the city. Dave Olson, 2582 Lost Lake Road, said his lot is at front of the lot and the back of the lot is only 75 feet wide. Olson said the plan smacks of shoehorning the homes in and decreases the lifestyle of the area. Olson said he has been in the house and believes the home will not be saved and could be a rental property. Olson said the property drains down the hillside to the Lost Lake Road cul de sac to Lost Lake Park. Matt Jakubik, 2561 Lakewood Lane, said his backyard abuts the property. Jakubik said he is a 20 year resident and serves in the Mound Fire Department for 26 years. Jakubik said when it rains the water runs through his backyard and he appreciates the new development process and wants Mound to succeed. Jakubik said he appreciates the old house noting this was a golf course in the past and this is not a good place for development. Peter Berridge, 2522 Lost Lake Road, said he doesn't want to be a nimby. Berridge said his sump pump runs even when the grass is dead. Berridge said there is a lot of wildlife and hopes the City looks at those things rather than adding good homes in the property. Berridge said he hopes the development doesn't have a negative impact on the area. John Zevenbergen, 2542 Lost Lake Road, said water does run under Berridge's house and his sump pump does run all year and echoes all the other comments on the wildlife and the wooded area. Zevenbergen said it looks like they are trying to squeeze houses back there and it isn't wide enough. Layne Henningsgaard, 2562 Lost Lake Road, said every resident is here who abuts the property and that should be noted. Henningsgaard said the property is 1.6 acres which is not huge and she thought the garage would need to be torn down which would change the whole project. Henningsgaard said putting in two houses is going to change the area and this issue is about the wildlife and the value it brings. Henningsgaard said what if there is a fire at the property at the home at the back of the lot. Steve Gillen, 5409 Bartlett said he lives across the street and owns 7/8 of an acre. Gillen said one road for three homes and it doesn't make any sense. Gillen said three homes can't be fit back there. Turnquist said he appreciated the feedback and asked those present if they would be interested in a lot configuration. Kohman said if the proposal goes through the re -sale value of their homes will screw the neighborhood. IN Mound City Council Minutes — June 27, 2023 Zevenbergen asked if the neighbors could extend the lots. Turnquist said if there is a strong interest in buying the lots and dividing them among the abutting property owners, he will meet with the property owner and get back to the abutting property owners. Hoversten said the property owners can meet to further discuss the division of the lots with Turnquist. Hoversten said if it doesn't work out with the neighbors a proposal from Turnquist could come forward. Holt said if this doesn't work out Turnquist will be invited to meet back with the Council. Turnquist said he will contact the owners to set up a meeting. Olson said he suggested the communication be sent via a certified letter to the home owners. Larson said this process is exactly how the Council intended. 9. Approve Resolution Accepting Bid for Downtown Paver Sidewalks Replacement Project Group 3 City Project PW 23-08 Bauman said the City received five bids which were opened on June 20th for the Group 3 project. Bauman said he recommends the City award the bid to Create Construction. Landsman said the City is obligated to take the lowest responsible bidder. Hoversten said there is a burden of proof for the City to take a higher bidder as the City must prove the recipient is the lowest responsible bidder. Hoversten said he appreciates the Council's flexibility and the quick processing of the bids at a great price. MOTION by Castellano, seconded by McEnaney, to approve the following resolution. All voted in favor Motion carried. RESOLUTION NO. 23-67: ACCEPTING BID FOR DOWNTOWN PAVER SIDEWALKS REPLACEMENT PROJECT GROUP 3 CITY PROJECT NO. PW-23-08 10. Discuss formal participation in Spirit of the Lake Festival activities Holt said this item was brought forward by Council Member Pugh in order to meet with residents out in the community. Holt said the Council could staff a tent at the Spirit of the Lakes (SOTL) event with a theme of "Meet the Council". Holt said he spoke to Jessica Hill, the SOTL President, who said the rental of a tent would cost $275. Holt said he thinks this is a good idea to get the Council in front of people. The Council discussed staffing the tent at the festival and signage for the tent and agreed to an appearance schedule for the Council. Holt said the other request from SOTL staff is they are short of event sponsors. McEnaney said she will look into procuring a private donation. 11. Comments/Reports from Council Members: Council Member Pugh - Not present at the meeting. Council Member Larson — Council Member Larson said the Council needs to study the City's government structure from changing to a Statutory A form of government from the current Statutory B form and would like the City Attorney to study the issue. Hoversten said Landsman could inform the m Mound City Council Minutes — June 27, 2023 Council on the process to change the Statutory Structure of the City and to do this before the Council hires a new City Manager. Council Member McEnaney - Nothing Council Member Castellano - Nothing Mayor Holt — • 2024 Capital Budget Request for the remaining $26Million for the City water treatment plant • Storm Water Cleanout Meeting on Harrison's Bay with work on the removal of material from the hydro dynamic separator. Hoversten discussed the manner and number of water treatment devices and systems in the City. Adopt a Greenspace — Parks Commissioners at the Farmer's Market Hennepin County Community Engagement at the Mound Library on July 18 at 6:30 p.m. • Mound Fish Fry and Dance • 100 Year Anniversary of the Mound Mason's Lodge with certificate of appreciation and speech Music in the Park with events in July and August The Tuxedo and Brighton Three Way Intersection Stop sign and flashing light in place with warning signage • Lynwood Blvd. and Robin Lane intersection garbage cleanup and No Dumping sign added • New owner for renamed Colman's Barbershop (Cal retiring as he sold business after 50 years) Spirt of the Lakes -July 13-15 • Encouraged residents to Sign up for Rave Communication from the City • Holt said he will miss the next Council Meeting with Larson as Acting Mayor 12. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten with the following items: • Bridge work on County 125 postponed to start on July 10th • Lifestyle Communities Artessa groundbreaking tomorrow • July 3rd City Hall open • July 4th City Hall closed • Music in the Park with one event July 20th and one in August 10th • Night to Unite scheduled for August 1st B. Reports: Liquor — May 2023 LMCD 2024 Proposed Budget and Levy LMC Director Introduction Memo Three Rivers Park District Update Finance Department — May 2023 Fire Department — May 2023 C. Minutes: Parks and Open Spaces Commission — May 11, 2023 D. Correspondence: 13. Adjourn ACTION by Larson, seconded by Castellano, to adjourn at 10:21 p.m. All voted in favor. Motion carried. Mayor Jason R. Holt Attest: evin Kelly, Cl 12