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2023-10-10 CC Meeting MinutesMOUND CITY COUNCIL MINUTES October 10, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 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, Kathy McEnaney and Kevin Castellano. Members absent: None Others present: City Manager Eric Hoversten, Deputy City Manager Maggie Reisdorf, City Clerk Kevin Kelly, Finance Director Noah Iverson, City Attorney Scott Landman, and Jeff Magnuson. 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. Pledge of Allegiance 3. Approve agenda MOTION by Larson, seconded by McEnaney, to approve the 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 $583,887.86. B. Approve minutes: 09-26-23 Regular Meeting C. Resolution No. 23-87: Approving Termination Agreement to cancel Purchase Agreement with Old Shoreline, LLC. D. Resolution No. 23-88: Authorizing submittal to the Metropolitan Council of the 2023 Comprehensive Plan Amendment to the 2040 Comprehensive Plan to clarify future mixed use land use planning to the Metropolitan Council PW 23-08 E. Approve Pay Request #1 in the amount of $199,215.00 to Minger Construction for the 2023 Lift Station Improvement Project; PW 23-03 F. Approve Pay Request #1 in the amount of $207,277.84 to Create Construction for the 2023 Downtown Paver Sidewalks Replacement Project — Group 3; PW 23-08 Mound City Council Minutes — October 10, 2023 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Orono Police Department with the September Activity Report Orono Police staff were not present. Pugh said yesterday (October 9, 2023) was the first official Indigenous Peoples Day and suggested over the next year the City pass a land acknowledgement statement. Push said this statement would acknowledge that the City's land is indigenous land and would acknowledge their culture. Pugh said that Mound is built on sacred ground which include indigenous burial places of multiple tribes. Pugh said this would be a good thing for the City to work with the Historical Society on this statement. 7. Public Hearings: Reisdorf requested action on two public hearings related to assessments. Reisdorf said under State statute, cities are allowed to recoup unpaid service costs provided to property owners by the city by assessing the unpaid charges to the property taxes of those property owners. Reisdorf said the property owners were provided notification of the unpaid fees and assessment process. Reisdorf said the notice was also published in the local newspaper, the Laker. Reisdorf said the Council must hold a public hearing and then approve certification before the assessment can be sent to the County for processing. Reisdorf said property owners have until November 15t" to pay off their expenses. Reisdorf said after that date, staff will direct Hennepin County to assess these expenses to property taxes. Reisdorf said there is an additional 5% interest charge that will accrue on the expenses starting from the date of the adoption of the two resolutions before the Council. Reisdorf said that any accounts that are paid on or before November 15t" will not accrue interest. Reisdorf said that staff recommended holding the public hearings and approving the assessments. Mayor Holt opened the public hearing for miscellaneous expenses at 7:08. Holt closed the public hearing at 7:08 A. Action on Resolution Adopting Assessment for Miscellaneous Expenses and Certifying to the County Auditor at 5% Interest — Levy # 24073 Mayor Holt opened the public hearing for delinquent utility bills at 7:10. Holt closed the public hearing at 7:12. MOTION by Larson, seconded by Castellano, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-89: ADOPTING ASSESSMENT FOR MISCELLANEOUS EXPENSES AND CERTIFYING TO THE COUNTY AUDITOR AT 5% INTEREST - LEVY # 24073 B. Action on Resolution Adopting Assessment for Delinquent Municipal Utility Bills and Certifying to the County Auditor at 5% Interest — Levy # 24074 MOTION by Castellano, seconded by McEnaney, to approve the following resolution. All voted in favor. Motion carried. Mound City Council Minutes — October 10, 2023 RESOLUTION NO. 23-90: ADOPTING ASSESSMENT FOR DELINQUENT UTILITY BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 5% INTEREST - LEVY # 24074 8. Deputy City Manager Maggie Reisdorf requesting action on approval of LMHS lease Amendment to modify and extend the existing agreement Reisdorf presented the lease agreement amendment for the Lake Minnetonka Historical Society (LMHS) which was formally established on October 1st, 2023. Reisdorf said the initial lease began in 2013 with the Westonka Historical Society (WHS) and through the years had four amendments. Reisdorf said the current lease with WHS ended on September 30, 2023 with the proposed lease amendment set to be retroactive to October 1, 2023. Reisdorf said this lease amendment agreement is based on the original contract with WHS and will give LMHS a year to figure out its long-term space needs plans and other plans. Reisdorf said the expectation was for a completely new agreement with the LMHS after this amendment expires. Reisdorf said this fifth amendment to the original lease is focused on the organizational name change and the absorption of the lease agreement from WHS. Reisdorf added the amendment also focuses on rental space reduction. Reisdorf said it has been reviewed by Staff, the City Attorney and the board of the LMHS. Jeff Magnuson, 6311 Bay Ridge Road, former President of the WHS and now a Member of the Board of Directors of the LMHS, addressed the Council by saying the LMHS was created from the combination of four area historical societies; the Excelsior and Wayzata Depot Museums, the Steamboat Minnehaha Floating Museum and the WHS. Magnuson also provided an update on the reconfigured museum displays in the Centennial Building which includes the Tonka Toys exhibit being moved downstairs thus creating a more open and inviting space. Magnuson said the WHS dissolved and the assets were transferred to LMHS. Magnuson said the museum location in Mound will retain the Westonka name and identity. Magnuson said the Excelsior and Wayzata depots and the floating museums will maintain their names as well. Magnuson said the WHS archives will be moved to the Wayzata Public Library and the contents will be available to the public for research. Magnuson said all materials are expected to be stored at the Wayzata Public Library. Magnuson said he will be the LMHS designated representative for the museum. MOTION by Larson, seconded by Castellano, to approve the fifth amendment to the lease agreement between the City and the LMHS. Motion carried. 9. City Manager Eric Hoversten requesting action on approval of T-Mobile Antenna Array Chateau Water Tower Lease Amendment to extend the existing arrangement Hoversten said there is a three sector antennae array on the Chateau Water Tower. Hoversten said the lease runs for five-year option periods and goes through December of 2024. Hoversten said the lease is structured with a monthly lease rate with a 3% increase per year. Hoversten said the new agreement allows for use of the tower and the use of space for telecommunication room. Hoversten said the agreement will extend the lease for another five, five-year options with a 3% escalation. Mound City Council Minutes — October 10, 2023 Hoversten said the annual $31,200.00 revenue fee is in the range of current market rates. Hoversten said the T-Mobile geometry of service sets the antennae array placement in order for T-Mobile to not have dead spots. Holt said the 25-year average is 2.5% and the 3% interest feels to be a fair amount. Landsman said a 4% rate is generally for infrastructure which is along interstate corridors and the City held the T-Mobile agreement to 3%. Hoversten said the agreement would run for a total of 25 years. Hoversten said the City could give a written termination notice and T-Mobile can terminate every five years. MOTION by Larson, seconded by Castellano, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-91: APPROVING AMENDMENT NO.3 TO SITE LEASE AGREEMENT 10. Stacie Kvilvang from Ehlers providing discussion on franchise fee adjustment options and outcomes for instructions to staff on manner to proceed before final Budget/Levy Approval Stacie Kvilvang presented franchise fee adjustment options with asked for instructions on how to proceed. Kvilvang said Kyle Sawyer from Ehlers is also in attendance. Kvilvang said the City is looking at a significant levy increase next year and the Council is looking at savings and additional revenue diversification. Kvilvang said every $75K in additional franchise fee revenue is the equivalent to about 1 % of the City Levy for 2024. Kvilvang listed potential options and opportunities for the City to diversify revenue: Funding areas: • Property Taxes • Utility Fees Franchise Fees Kvilvang listed the areas the Council listed as 2024 Priorities: • Communication • "Right Sizing" Staffing • Code Enforcement • Water Fund and Water Treatment Issues Kvilvang said the City currently charges every user the same $2.75 a month utility franchise fee per utility. Kvilvang added that Mound is made up of primarily residential properties with a smaller number of commercial/industrial (C/1) properties which also pay $2.75 a month. Kvilvang said the residential portion of these fees come from residential properties. Kvilvang presented two options for raising franchise fees. Option 1: Flat Franchise Fees Kvilvang said if the City decided to go with flat fees across all properties that an increase of $.50 per user would raise $50K in additional revenue. Kvilvang said this increase would be about $12 a year for residents. Kvilvang said a flat fee increase to $4.00 in franchise fees would raise $132K which would be a $30.00 a year increase for all properties in Mound. Mound City Council Minutes — October 10, 2023 Kvilvang described flat fee increases by percentage of the levy increase: • A $3.46 franchise fee would be equivalent to 1 % of the tax levy • A $4.20 franchise fee would be equivalent to 2% of the tax levy Kvilvang said $4.00 is the average franchise fee charged by other neighboring cities for residential properties. Kvilvang said another option for the City is to have Tiered Franchise Fees where C/I properties pay a higher rate than residential properties. Kvilvang said the rationale for larger C/I rates is those properties use public infrastructure more intensely due to their commercial activity. Kvilvang said Ehlers used the average rates charged for various users in Hennepin County for the projections. Option 2 — Tiered Flat Rate by User Type: • Residential Rates stay at $2.75 • A tiered rate for differing C/I would raise $140K Adding in increases to residential: • Adds $50K in revenue at a $3.25 residential rate to a total of $190K • Adds $124K in revenue at a $4.00 residential rate to a total of $264K Kvilvang said she is looking for the preference of the Council on how rates should be structured. Kvilvang asked if the Council preferred a flat rate for all users, increasing residential rates or leaving them at $2.75. Kvilvang asked what the target revenue increase the Council is seeking from franchise fees. Holt said he would like to change the $2.75 rate as it hasn't changed in many years. Holt said the Council can decide if franchise fees can offset the tax levy or leave the tax levy to catch up on capital resources. Hoversten said a diversified portfolio of revenue sources could lower the levy rate. Hoversten said staff are looking for mid -course feedback from the Council to give Ehlers information to bring back to the Council. Kvilvang said large C/I users are convenience stores, schools and churches with industrial businesses involved in manufacturing. Hoversten said the tiered rates is an attempt to be equitable. Hoversten said schools are not providing tax revenue through property taxes even though they still place demands on systems within the City. Castellano and Kvilvang spoke to the average for small and large C/I that Ehlers provided in their presentation material for Hennepin County. Holt said he was in favor of a higher rate for C/I. Kvilvang said Ehlers is looking for a policy directive from the Council as to whether franchise fees are flat or tiered for commercial users. Kvilvang said C/I use more services. Kvilvang said the Council needs to provide direction on how franchise fees would be used in regards to reduce the tax levy or not. Castellano said these franchise fee decisions will be a future long-term benefit. Hoversten said that if the City chooses to do the average rate for HC franchise fees, it would equate to about 2% of the tax levy. Hoversten said the City Council could shoot for an even higher percentage if they wanted to relieve the tax levy side of the equation even more. Mound City Council Minutes — October 10, 2023 Castellano said there is not a need for a lower average rate for the City and he would like to move the residential from $2.75 to $4.00 with the C/I at the average rate in HC. Kvilvang said she will negotiate with the utilities regarding C/I and look at their rate tolerance. Holt said he was in favor of the increase to $4.00 for residential and to not go too far with C/I rates but to increase C/I rates incrementally. Kvilvang said the Council can reassess rates annually. Kvilvang said she would need revenue targets from the Council in order to provide the Council scenarios to diversify revenue targets. Pugh and Hoversten spoke to C/I property tax values which haven't increased as much as residential values lately. Pugh said she would like to see C/I rates be increased for small and large C/I over three years to get to average rates in HC. McEnaney and Larson agreed to C/I fees being increased incrementally. Kvilvang said Ehlers will come back with the rate scenarios and after a decision is made by the Council there would need to be an ordinance approval and a communication plan explaining the change to residents and businesses. Larson said she received calls from constituents regarding the 15% preliminary tax levy. Larson said she discussed with residents the rates and explained to them the City Bond Rating could be affected if not maintained and the increase isn't that much money per property. Larson said she had a pleasant experience discussing these tax scenarios with residents. Discussion ensued on next steps of the discussion on fees and the tax levy and how to communicate this information to residents. Discussion continued on the risks of not levying appropriately and not addressing City needs or to plan for financing to meet future problems. Discussion included meeting as a whole Council to discuss the budget and to fund for meeting the staffing needs of the City, particularly the PW Department. Holt said the City is one of the indebted municipalities in the state. Discussion ensued about meeting City needs now rather than putting off infrastructure and organizational staffing needs. 11. Consultinq Interim Public Works Director option discussion Holt said the City is losing its Public Works (PW) Director and City Manager when Hoversten leaves and that the City would like the new City Manager to pick the new PW Director. Holt said he received a proposal from Brian Simmons from Bolton and Menk (BM) with hourly rates provided on the cost to provide interim PW Director Services. Hoversten said the City had used this service from BM in the past prior to his hiring, and while it is a good short-term option, wouldn't recommend for this service for the long-term. Hoversten said for financial purposes that the City could set the limit to billable time and materials at a not to exceed number. Hoversten said the City will need a Full-time PW Director to supervise the City's consulting engineers and to be monitor cost controls. Hoversten said short-term this will work but if it turned into a long-term need, that it would be prudent to go to another contractor for checks and balance. Hoversten said BM staff Simmons, Bauman and Stanley would be the assigned staff from BM as they all have familiarity with the City which is an added value. Hoversten said this is a good arrangement for the present but PW Superintendent Ryan Prich needs to be able to have his position covered by another staff member so he can take time away from the City and not be on call at all times. Mound City Council Minutes — October 10, 2023 Discussion ensued about the work load and responsibilities of PW Superintendent Prich and a Council orientation to the City PW system. Castellano asked about the budget for 2024 PW position and what would be added to contain PW cost. Castellano asked if is there should be a not to exceed clause in the contract with BM. Holt said this agreement is for per hour of service. Hoversten said he will get City Attorney input and the contract will come before the Council for review before being approved and the Capital investment plan will be a part of this schedule. Hoversten said the agreement will be fairly detailed and invoices will give an after the fact control. Castellano said a "not to exceed clause" will be an important variable. Hoversten said there also is a need for flexibility in the event of an emergency or another difficult situation which can't be met solely by the City PW team. Holt said Hoversten will go back to BM to work out details and bring the contract back to the Council. Hoversten said the City Manager job search interview meeting previously scheduled for November 20th and November 21 conflicts with a Planning Commission (PC) meeting. Hoversten said there have been 20 candidate applications for the City Manager position which have come forward so far. Hoversten said the PC meeting will be interviewing for a new PC Commission member and the City is recruiting for one or possibly two additional PC commission members. Discussion ensued about PC attendance and the process for commissioners who do not regularly attend meetings. Hoversten said the Council should look at save the dates for City Manager interviews the week after Thanksgiving on November 291h and 30th at 6:00 p.m. Hoversten said there is a City Council Meeting on Tuesday, November 28th. Hoversten went through the hiring process which includes assessments and a video interview. 12. Comments/Reports from Council Members: Council Member Pugh — Pugh said she received an economic development award and attended a State Legislative Hearing on Aging. Pugh said she would like to reactivate the City Economic Development Committee. Holt said he is 100% in favor of the idea. The Council asked Hoversten for a fact sheet on the activity of an Economic Development Committee. Pugh would like to leverage other agencies to provide funds for economic development in Mound. Council Member Larson — Larson attended the Mound Fire Department Open House which was impressive. Larson said Mound children participated in many activities and thanked the staff and volunteers for putting on a wonderful experience. Council Member McEnaney — Planning Commission meeting has been rescheduled to next Tuesday. Council Member Castellano - Nothing Mayor Holt — Communication sub -committee meeting tomorrow. 13. Information/Miscellaneous A. Comments/reports from Council members/City Manager: • City Manager Reports will be forthcoming. • October 12 - WeCan Open House • October 30 - City Hall winter hours begin • November 18 - Tree Lighting Event • November 10, 23, 24 - City Hall closed for Veteran's Day and Thanksgiving B. Reports: Harbor Wine and Spirits — September 2023 Mound City Council Minutes — October 10, 2023 C. Minutes: March 16, 2023 — Docks and Commons Commission D. Correspondence: 14. Adjourn MOTION by Larson, seconded by Castellano, to adjourn at 9:11 p.m. All voted in favor. Motion carried. <5�� ��� Mayor Jason R. Holt Attest':'Nevin Kelly, Clerk