[music] [music] [music] [music] Yeah, if I if I could. Um, thank you. Good evening uh count mayor and council or soon to be mayor and counsel. Good evening and to our guests in the audience. Uh our agenda we'll start here in just a minute. Um but the first thing noted on our agenda for this evening is to do the official ceremony swearing in of our newest council members and mayor. And so I would invite mayor elect or mayor Shaq down to the front as as well as Dr. Kimberly Wilburn at large council member and also Deb Calbert at large council member. You won your prospective elections this November and we will first do the swearing in as facilitated by our city attorney Eric Nelson. All right, we'll I think start with uh Mayor Shack and then go council member at large seat A and then Council Member Bradlar seat B. All right. Could you please raise your right hand? I, Rebecca Shack, >> I, Rebecca Shack, >> do solemnly swear >> do solemnly swear >> that I will support the Constitution of the United States >> that I will support the Constitution of the United States >> the Constitution of the State of Minnesota >> the Constitution of the State of Minnesota >> and that I will faithfully and impartially >> that I will faithfully and impartially >> discharge the duties of mayor of the city of Minnitonka. Dischar discharge the duties of mayor of the city of Minnitonka >> in the county of Henipin >> County of Henipin >> to which I have been duly elected >> to which I have been duly elected >> to the best of my judgment and ability >> to the best of my judgment and ability. >> So help me God. >> So help me God. Congratulations. [applause] Okay. Please raise your right hand and repeat after me. I, Debb Calbert, >> I, Debb Calbert, >> do solemnly swear >> do solemnly swear >> that I will support the Constitution of the United States >> that I will support the Constitution of the United States >> the Constitution of the State of Minnesota >> the Constitution of the State of Minnesota >> and that I will faithfully and impartially discharge >> and that I will faithfully and impartially discharge >> the duties of the office of council member at large seat A >> the duties of the office of council member at large seat A >> in the city of Minnitonka >> in the city of Minnitonka >> in the county of Henipin >> in the county of Henipin >> to which I've been duly elected >> to the to which I have been duly elected >> to the best of my judgment and ability >> to the best of my judgment and ability. >> So help me God. >> So help me God. >> Congratulations. >> Thank you. [applause] >> Okay. Please raise your right hand and repeat after me. I, Kimberly Wilburn, >> I, Kimberly Wilburn, >> do solemnly swear >> do solemnly swear >> that I will support the Constitution of the United States >> that I will support the Constitution of the United States >> the Constitution of the State of Minnesota >> the Constitution of the State of Minnesota >> and that I will faithfully and impartially >> and that I will faithfully and impartially >> discharge the duties of the office of council member at large CB. discharge the duties of the office of council member at large seat B >> of the city of Minnitankka >> of the city of Minnitankka >> in the county of Henipin >> in the county of Henipin >> to which I've been duly elected >> to which I've been duly elected >> to the best of my judgment and ability >> to the best of my judgment and ability >> so help me God >> so help me God >> congratulations [applause] Okay, we're just going to take a couple minutes, do some photos, and we'll get on with the meeting. Good evening. This is today is January 12th, 2026 and this is a regular meeting of the Minnotonka City Council and I'll call this meeting to order. I'd ask everybody who's able to please join us and stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Um, Miss Kuzman, would you please call roll? Calbertt here. Rainy here. Kley >> here, >> Foster Bolton >> here, >> Wilburn >> here, >> Shaq >> here. All right. Um, before we get to approval of the agenda, being that it's a new year, the first meeting of the year, it's my first meeting. So, I I will ask everybody to please bear with me in particularly unusual times when I'm [snorts] just getting my seal. So, um, we may have some hiccups, but we're going to do the best we can. we are implementing some trying to make our meetings a little more efficient. So, in the interest of doing so, um, and also because we've had some concerns about people want not wanting to give their addresses, we're asking people to fill out one of these little cards that is in uh, right outside of council chambers indicating if you would like to speak either on item um, eight, which is citizens wishing to discuss matters not on the agenda, or um, we're going to take some public comment on items 14 B and 14 C and that relates to the filling of my former seat, the W 2 council seat and also um the discussion regarding the resolution related to the local opt. So if you intend to speak or think you may want to speak during any of those items, please go ahead fill out a card. There's a box back there. We'll be collecting them throughout the meeting. Um, and we uh just a reminder, and I'll mention this again, we are also going to for item eight, citizens wishing to discuss items not on the agenda, ask folks to keep their comments brief and no longer than 3 minutes. So, as you prepare your comments, keep that in mind. All right, moving along. Uh, we'll go to approval of the agenda. And Mr. Funk, there's an addendum. Yes. Thank you, Mayor and Council. Good evening. There is an agenda for your consideration this evening related to item 14C, which is a resolution supporting the authority to impose a local sales tax to fund capital improvements. As you know, we do publish our packets on Thursdays. Uh this last week, it was on Friday. We did receive additional comments after publication in the packet. This agenda does uh forward those to you for your consideration. With that, mayor and council, staff recommends to approve the agenda as amended with these additions. Thank you. >> Thank you, Mr. Funk, and I would take a motion to approve the agenda. >> Uh, Council Member Calbertt. >> Thank you, Mayor. Um, I uh did give Mr. Funk um one little uh suggestion in the minutes and other than that, I Oh, that's for the agenda. Yeah, I move approval of the agenda as amended. And a second. Council member Romey. >> I'll second. >> All right. I have a motion by council member Calvert. A second by council member Romey. Miss Kuzzman, please call roll. >> Calvert. >> Yes. >> Romey, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shaq, >> yes. Motion carries. All right. Item number five, approval of the minutes. And we have four sets of minutes. October 27th, 2025 study session. November 17th, 2025 study session. December 8th, 2025 regular meeting minutes. And December 15th, 2025 study session minutes. I take any comments or a motion. Council member Calvert. Thank you, Mayor. Um, yeah, I did have a a slight suggestion for a change to comments that I made on page nine of the December 8th regular meeting minutes. Um, and other than that, I move approval of um the October 27th, 2025 study session minutes, the November 17th, 2025 study session minutes, the December 8th, 2025 regular meeting minutes, and the December 15th, 2025 study session minutes. And a second, Council Member Kley. I'll second. Thank you. I have a motion by Council Member Calvert and a second by Council Member Kley. Miss Kuzzman, please call roll. >> Calbertt, >> yes. >> Romeley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shaq, >> yes. Motion carries. On to item number six, special matters. And we have none of those tonight. And uh so we'll move on to item number seven, and that's reports from city manager and council members. Mr. Funk. >> Thank you, mayor and city council. Again, good evening. First, just want to start by saying happy new year. This is our first meeting of 2026 and really just give my best to our mayor, our council, our staff, and to everyone in our community. We wish everyone a merry 2026. Uh just a couple uh items coming up with the CA change in the calendar year. We do have some fun community events coming up. First, just want to mention Family Fun Day that is coming up on Saturday, January 24th. That will be held at Fire Station 1, which is right here on our city hall campus. Uh residents from the community will have an opportunity to meet with our firefighters, explore the fire trucks and our equipment. We will have chili and hot cider. Also, a sensory room is available for those in need of a quiet and calm environment, and the time of that event will be from 10:00 a.m. till 1:00 p.m. So, really looking forward uh to family funday. It's one of our favorite fun events of the year. We have many community engagement activities, and this is just one that I'll mention. I also want to take a moment to talk about our sustainability challenge. One of the objectives of the city and our council and our sustainability commission is our sustainability efforts. And so for February, there is a plastic free challenge. This is uh for anyone that wants to be part of a solution to reduce wastewater water, protect water and wildlife, address climate change, and look after the health of ourselves and the future of our community and generations to come. So I just encourage anyone that has an interest in our event to check out more of our details on the city's website. And then last, one of our favorite winter community events is KidsFest. So, another community engagement opportunity on Sunday, February 1st. That's from 11:00 a.m. to 2:00 p.m. in the community center. We'll have horsedrawn trolley rides. There's a DJ dance party for kids and perhaps kids of all ages. Uh face paintings, crafts, and bonfires. So, again, encourage the community to come out uh in the next couple weekends and really get engaged with some of the activities that the city is hosting. With that, mayor and council, I'll turn it back to you. Thank you. >> Thank you, Mr. Funk. And or ordinarily we'd turn the floor over to council members, but I think my council is going to indulge me tonight. I have prepared a statement. I usually um am one to speak off the cuff, but I'm going to read something that I prepared tonight. So, I will start and then we'll give an opportunity for my uh for the council members here to um give their reports as well. All right. Um, on Monday, January 5th, 2026, it was my honor to be officially sworn in as mayor of Minnetonka. Since then, communities across Minnesota have witnessed a significant surge in federal law enforcement presence tied to an ongo on ongoing immigration enforcement operation. And in Minnesota or in Minneapolis, a tragic encounter between the federal Immigration and Customs Enforcement Agent and a local resident resulted in the death of a 37year-old woman, Renee Nicole Good. Miss Good's death has deeply affected families and civic civic life across our state and has sparked widespread public concern, protests, and urgent calls for transparency, accountability, and justice. While this event occurred in Minneapolis, a place where I work and and go to every day, the ripple effects are being felt across Henipin County and throughout our region. Many of our residents are asking legitimate questions about federal enforcement actions, the use of force, and respect of civil liberties, questions that deserve thoughtful and constitutional responses, questions to which we don't necessarily have all the answers. As mayor and as a licensed attorney in Minnesota, I've taken an oath and have an obligation to uphold the United States Constitution. I want to be clear, the Constitution remains our highest law. We will continue to uphold the fundamental rights guaranteed to every person within our jurisdiction, including due process, freedom of speech and assembly, and protection against unreasonable use of force. Local law enforcement's role is to keep our community safe. The Minnitankka Police Department and other local public safety agencies will continue to protect our residents and visitors, respond to emergencies, and ensure lawful protests and ci civic engagement are conducted peacefully and without fear of repression. People should feel comfortable calling Maton Minnotonka law enforcement to assist them. Federal authorities operating within Minnotonka or Henipin County must do so in a way that respects individual rights, the rule of law, and the community safety. I will continue to implore our federal representatives to ensure proper warrants are obtained, civil liberties are protected, and due process is honored for all involved. Finally, I urge calm, compassion, and respect for one another. We can disagree on policy and and enforcement, but we may never abandon our commitments to constitutional principles and human dignity. Thank you, council, for indulging me. [applause] Thank you. We don't we don't usually take um applause and we'll try to hold applause for the rest of the meeting. I understand people are very emotional and I will um turn it over to my council for their reports and and any comments they have tonight. Council member Calbertt, thank you very much, Mayor, and thank you for your um very important words and I concur with everything that you said. Um, [clears throat] and I um I also prepared something because this is not this is not a great time to speak off the cuff. So, I'll try to keep this brief. Um, I have struggled all week about how to enter this new year of important work for the city of Minnitonka and I simply could not start in a business as usual manner because there is nothing normal about what is happening around us. First, let me say I support and trust our Minnitonka police chief and our local police. And I want to reiterate what the Henipin County Police Chief's Association put out months ago that local law enforcement does not enforce federal immigration policy and will not ever ask the immigration status of people in our community. They take an oath to protect the public safety and that is what they will do. If you need help from our public safety personnel, you should feel comfortable calling 911. And I want you all to know that I'm here, me, to serve and protect the people who live, work, study, and play in Minnotonka. I I just got sworn in to uphold our constitution moments ago. I actually did it officially uh a week ago, and I take that oath very seriously. My phone number and email is on the website and if you need support or you need a trusted public servant, please call me. Let me preface my other remarks by saying that the immigration system has needed reform for decades under many administrations. We do need immigration policy reform and better pathways to citizenship for the people who harvest and prepare our food, care for our grandparents and children, beautify our landscapes, build our homes, and work in all of our industries, including um [clears throat] medicine and science. I believe immigration laws should be followed, and for the overwhelming number of Minnesota re residents, they do follow them. I also believe in due process. I also believe that we are a nation of immigrants and are made stronger by immigrants and have benefited immeasurably by taking in the huddled masses yearning to breathe free. I am the granddaughter of immigrants who fled oppression. I'm not going to change the views of people on the shooting death of Renee Good at the hand of federal agents. But I will say this, it wasn't best practice for law enforcement or public safety. And what is happening in Minnesota is not normal. And it is certainly not a normal any of us should feel comfortable with. In a state where legislators were shot and killed by a man impersonating an officer, in a world where anyone can buy a tact a tactical vest on Amazon, I understand how people do not feel safer with masked armed people with very little training and no interest in deescalation, banging on their doors, arresting American citizens and other people at their places of work because they appear one way or another stopping their cars or pepper spraying students at their school. It is creating chaos and fear for our school ch children, for our neighbors and for our law enforcement. It and it distracts from the regular duties which are plenty. People have been asking, "What can I do? What can you do to make our com uh community safer?" First of all, know your rights and how immigration laws work. You can visit our website for information. We have a know your rights section or go to sites like the immigrant defense project, Monarcha, or the immigrant law center websites to access frequently asked questions, training, and resources. Support your local businesses who are immigrantowned or employ immigrants like our wonderful Asian and Hispanic restaurants. Stay peaceful. Keep your distance from federal agents and do not obstruct or impede to keep yourselves and your neighbors safe. Check in with your friends and neighbors. Volunteer at your schools and practice kindness. And above all, love your neighbor. And I will also say along the lines of loving your neighbor that the only synagogue in Jackson, Mississippi was burned just a few days ago irreparably. And um this is the kind of they're still trying to get the bottom of it. They're fairly certain it wasn't arson. And um we really do need to find ways to love each other and hold each other up and support each other because it's a very difficult time for a lot of people. And um this nation was built on people on the backs of people that worked hard and worked their way up and were different than other people. And the reason that we are so great is our diversity. So, we need to cherish that diversity and reach out to people that are hurting right now. So, uh that's all I have. Thank you, Council Member Calvert. [applause] And we [clears throat] really are going to try to keep the wheels on this meeting. So, um I understand the passion, but let's try to refrain from applause. Who would like anybody else? Council member Wilburn. Okay. So, mine are kind of off the cuff. Um, but not but I've been thinking about what I want to say uh to people all week. Um, and so I first I want to acknowledge what my uh what our mayor and fellow council person have said and and that I agree with them wholeheartedly. Um, I want to talk a little bit more and this is me um as your council member, but this is not me speaking for the city and this is me speaking as an individual. Um, we uh once again have become um unwilling witnesses to a murder. Um, I I know what I saw and this, you know, due process hopefully will will will be followed and there will be a trial and and they I'm not, you know, I'm not a judge. I'm not passing a sentence. I know what I saw and I know that we are not okay. Um, and it's it so I want to like also um put myself out there as as as someone that you can contact if you have some questions if you if if if you have some questions, if you want to want to speak about what's going on, what we can do as citizens. Um, I think I'll I will look for other avenues to talk about what citizens can do and um how how to protect ourselves and how to protect our neighbors um because there is being an illegal terror campaign waged upon us in my opinion. Um so that is it. >> Thank you. Council member Wilburn, Council Member Foster Bolton. Um I I do thank you for what you said, your prepared statements and council member um Kelbert and what what I would like to visit your neighbors, find your immigrant neighbors. Um, this weekend I went out and and I didn't know who they were, but we went to their house, my husband and I, and wrote a note telling saying, "We support you and um if there's anything we can do, our phone numbers and our address." And one woman was in tears um because it means so much. She might not needs to her need food delivered at that time, but she needs to know that we're on her side personally, her neighbors. I'm your neighbor and I care. Um, and I contacted ICA today and I do want to start because they in the city they have lots of lots of resources and signal groups where people shop for um targeted um communities and I think we need something out here in the west metro. And so um again and you can contact me. I'm I'm waiting to hear. I'll hear it by end of day tomorrow. Um because I know that everybody wants to help. Um and and I and I think there's the need out here. Um if you're able to go to the city and help in the city, I think that would be great, too. But people need um I I I think the most important thing though is find your neighbors, the people who live by you, the people who can see where you live. Um the other two places that we went to really did want to know where where's your house and um so that so that they could, you know, know us and know that we're there and know that our door is open and that if they need to place to go, we're here for them. Um, and I think black and brown people are going to be struggling and donate money and donate food. Um, because restaurants in the suburbs too, the MUN is closed for a few days because they don't have the workers. Yum. They have the owners working in the kitchens. So, reach out and say, "What can I do to help?" stand across the schools and check for ice and blow your whistles if they if you see them. I mean, um, every little bit counts. Um, and check in on your neighbors. Thank you. That's it. Thank you, Council Member Foster Bolton, Council Member Romey. Thank you, mayor, and thank you to my colleagues who have spoken so eloquently and said so many of the things that I had hoped to to say. Um, I'll just start uh try to keep this brief. Uh, last Wednesday, I had the privilege of giving a boy scout troop a tour of city hall and talking with them about local government and democracy. It was a true bright spot in an otherwise absolutely horrific day. I want to express my deepest sympathy and condolences to Renee Good's family and her community in the wake of her brutal killing. She should still be here and may her memory be a blessing. To the residents who have contacted me, and there have been a number of you about ICE activity in Minnetonka, I understand and I appreciate your anger and fear. This federal incursion into our state and community is unprecedented and alarming. At the same time, if and when you protest, volunteer as a constitutional observer or in other ways, I implore you and urge you to do so peacefully and within your legal rights and responsibilities. That can be hard sometimes to in this situation, but do keep your head and um you know act within the law. Personally for me, I'm not going to repeat things that other people have said, but I do want to share something because this situation hits hard. While my family has been in this community for five generations, for over a decade, I worked and lived for extended periods in the former Soviet Union, then the Soviet Union, and then in posts Soviet Russia as an academic researcher and the director of two nonprofits. I haven't been able to go back since the invasion of Crimea. Russia was and is again today a brutal totalitarian state. People can and are swept up by squads of government thugs who patrol the streets and the metros. They can be beaten and arrested for any or for no reason at all. Peacefully protesting, telling an anti-Putin joke or an anti-war joke because of the color of their skin if they look chchin or because of their accent if it happens to be Ukrainian. Russians dare not speak openly on the telephone once again as in the Soviet period or by email now or on social media. Government lies and fear again permeate society. I spent so much time there and knew the signs so very well, but never before fully believe that it could ever happen here. Then last week, after an ICE raid at a home construction site in my ward, I helped secure several cars. The workers were not allowed to get their keys to lock their cars or take any tools or belongings of their own that they had to leave there. So, when I and several lovers went to secure their cars, we found a car seat and toys in another. And ever since then, I've been haunted by whether that child was picked up that day. In another, we found social security card and immigration papers. Obviously, those didn't matter due process. I have also been contacted by residents who have been physically threatened, thrown to the ground, pepper-sprayed, and had guns pulled and put in their faces by ICE as they were acting as a constitutional observer or protesting in a nonviolent manner, including here in Minnetonka. Those are constitutionally protected rights. In the last few days in nearby communities, doors have been kicked in and worse. When I was sworn into this position, I swore an oath, even though I didn't take it tonight again, to uphold the Constitution, and I pledged to do everything within my power to do so. Um, and also to uphold the rule of law and democracy, especially and starting right here in Minnetonka. I pledge to uphold the city's mission to be a welcoming and safe community for all who live, work, and visit here. And I know my fellow council members and I believe staff feel the same that we are determined not to wait but uh determine all available legal and other actions that we can take in that regard. whether it be resolutions or ordinances to the clear and transparent police police policies, some of which were outlined here tonight. Uh to clear and broad communications to educate businesses and residents as to their rights. Um thank you for your patience and listening to all of us. I know it looks like some of you may have your own stories to tell. And uh just again, hold your neighbors close, your community close. Reach out, see what you can do with them. I'm here to have your back as council member other council members have said please feel free to reach out to me if you need a trusted public official and elected in Minnotonka. Um if you have other questions about how you can make a difference and help neighbors in our community. Thank you. >> Thank you council member Romey. Council member Kley. Thank you mayor. I also didn't really write anything, but I've been actually thinking about what I was going to say as well. And I usually talk a lot, but I'm kind of a little speechless about how I how I feel um with everything that's been happening. Um for me, I carry a lot of weight um with seeing what's happening across our state and our community and city of Minnitonka. um you know how I deal with things I usually try to reach out to folks that I know that's um going to be more impacted and I have done that and some people are not responding because I think it's even to the point where um folks that are immigrants are even scared to respond to um elected officials who they know usually they can trust. Um today I um talked to one of my employees who um family is an immigrant and this is a young person who's like 20 27 years old and he told me today he said Kizzy you know I went to school to learn about about law because I felt like if I learned about law then I could support my family who was from Mexico. He said, "I went to school and I worked really hard to educate myself." And he said to me today with tears in his eyes, "No matter how well I educated myself, I cannot help my family right now." And he said that, you know, this makes me scared. He said, "I don't want to come in to work. I work for the state of Minnesota." and he said, "I'm afraid to drive into work. I'm afraid what's going to happen to my family." And he said, "Furthermore, I'm afraid what's going to happen to me." So, I said, "Be me being a new supervisor, I said, let me let me talk to our um staff or our um manager and see what they say." So, we told them to make how however you need to make yourself feel safe, you know, if you need to work from home, work from home. So that was what was recommended. And then I talked to another person who works and she's a born citizen here, but she has brown skin and she told me that she was arrested because they thought she was from Mexico or an immigrant. And recently I told um the mayor Rebecca on Saturday that I don't want to call anyone an immigrant anymore because you just don't know who is and who not. And what does it matter if a person is an immigrant if you're going right by the if you're preserving our law, our democracy here [snorts] in this state. It doesn't really matter if you're immigrant or not. So for me it's about people and really caring about people. Do we really love people? Do we care about our neighbors? Do we care about our friends? And people are human. So it's not really about like this immigration thing for me. It's about people and giving people hope where now people don't have that hope. So, what can we do to support other folks in our communities, our neighbors, and you know, resources? I I'm really big about resources because sometimes people do need that support. And what can we do as a city to make sure people know where the resources are at? And so, I'm always open to a phone call. Um, I always say, "Don't call me after 8:30 cuz I'm an early bird." So, but I'm open to phone calls and um you know, if I need to support, you know, maybe drive someone to the store or something like that or go shopping for someone. I used to be a Uber driver, so I don't mind doing those type of things, but I'm willing to support where I can. And um I just encourage all of us to, you know, give grace to where grace is needed and just give a little bit more hope. And that's pretty much it. Thank you. Thank you, Council Member Kley, and thank you to my council members. I'm, you know, it's been a really hard week. It's a hard week to take um the seat as mayor, but I do believe this council has been through, many of us have been through a lot of hard things together and we're up to the task and we're here for the community. so grateful to have this council and to have our wonderful staff who have been um very accessible and have are open to conversations with us about how we can be impactful to the community. So, I'm really hopeful that we can find a way out of this and and at our next regular meeting that we'll we'll be able to report on some of the fun events that Mr. Funk referenced earlier. Um but in the meantime, we'll move on to item number um eight, which is citizens wishing to discuss matters not on the agenda. And I'm just going to read another little summary regarding how this process is going to work both today and as we go forward. Um he gave his report. >> Yep, we're good. Right. Okay. Um, so >> Madame Mayor, >> yes. >> Do you want to step in? >> Um, mayor, if you would um read the report or give some summary on the city manager review process. >> Oh, I had that after 8, but I will do that right now. >> Thank you. >> Okay. Um before we move into citizens wishing to discuss matters not on the agenda, uh on December during a special study session on Monday, December 22nd, the council went into close session to conduct city manager performance evaluation pursuant to Minnesota statute section 13D.055, subdivision 3A. By state law, a summary must be given at the next public meeting that follows the closed session, and it must include the conclusions reached by the council. City manager Mike Funk was rated by council in eight directors in key areas and additional questions, and they provided additional questions for um comment. During the closed session, members of the city council reviewed the ratings, provided feedback, and conducted goal setting with Mr. Funk. and I'm pleased to announce that on behalf of the city council, he received a satisfactory performance evaluation. Thank you, Mr. Bunk and Miss Dmond for the reminder. All right, moving on. Item number eight. So, before we hear from speakers in the audience tonight, I'd like to take a brief moment to provide some guidance. This meeting is a limited p public forum and this is the point in the agenda where we invite members of the public to address the council on matters that are not on the printed agenda but still relate to the affairs of the city or are pertinent to city business. For example, this could be a matter within the legislative, fiscal, operational, or regulatory purview of the city. I'm going to ask speakers to limit their comments to three minutes. We are not going to take action on the items presented to us or respond to any questions asked, but we may refer matters to staff for follow for appropriate followup. So, I have the cards that were submitted. You don't have to take the whole 3 minutes. We've got quite a few people who do want to make comment, but that's um how we're going to manage it. Please keep an eye on the clock and when you get when it gets down to zero, um please wrap up your comment. And if you go on for too long, I I'm going to have to have no choice but to interrupt you, which I would prefer not to do. Um, all right. So, it would be really helpful if folks, if you haven't included your address on the comment card, um, if you could please state your address when you come up for comment. And I am going to just go in order that these comments are these cards are in my hand. So, um, be prepared to come up quickly. Uh, the first person I have is Carla Hein Hennis. My name is Carla Hennis and I live at 15231 Nill Curve in Minnetonka. As a legal observer, I have been present at some pretty horrific sites. Um, including at the Ridgedale Library, which I understand, yes, was run by the county, but could have happened also at any other library. A large number of heavily armed on guns, tasers, paintball, 30 plus charging through a library with children present. And within sight of the sheriff that was standing there, I had an ICE agent come up behind me. I was just standing on the sidewalk physically shove me very hard and say stop touching me shoving me from behind before he did this within sight of the sheriff deputies. My question is if something like that happened what would the Minnitanka police do other than just stand there? would they be able to step in for my safety from ICE as a US citizen or anybody but not interfering with the I immigration action that I could not stop I could only observe and that is all I have to say. Thank you, Miss Tennis. Karen Francis, Kevin Francis, apologize. This is we're we're identifying the downside of the cards, which is handwriting. [laughter] >> My my awful handwriting. Uh, nice to see you all. Um, uh, Kevin Francis, 15815 Minnotonka Boulevard. Um, you all said it very well at the outset here. And what I would like to do as one of your residents who elected you as my representative government is say how can we take this and make it a call to action. This didn't happen from what we did here in the city of Minnetonka. It's happening to us. And that requires us to think probably less conservatively than maybe we would naturally and maybe more proactively around issuing statements and what my fellow resident just said too around guidelines on how we expect our law enforcement here in the city of Minnetonka to react. So I appreciate all of your thoughtful comments here. I'm here to help. I'd love to help you draft this message. I'd love to help you with the communications. But my hope is that we take all of this really great thought here and move it to action. Thank you. >> Thank you, Mr. Francis. I got a good suggestion that we give people a heads up. So, um, up next is Kevin Peterson and after that will be Nate Thornton and then Steve Supan. >> Mr. Peterson, thank you. >> Uh, Mayor Shaq, congratulations on your uh, appointment to mayor, city council. Um, my name is Kevin Peterson. I'm not a resident of Minnitonka. I'm a resident of Plymouth. Um, I am a business owner. Um, kind of self-made across Minnesota and Wisconsin. Um, employ about 90 people across the two states. Um, as I mentioned, I'm a resident of Plymouth with my three daughters and my lovely wife. Um, over the last 45 days, and this isn't immigration related or anything else. I'm just going to preface that. But after the last 45 days, I've been completing an investigation of the Henipin County budget and historical spending, as well as completed a few data requests, etc. And through that research, I made a decision that I'm going to go engage with about 20 cities across all the different districts within Henipin County, and bring a couple things to everyone's attention. So one is is that I think all the mayors within Henipin County should galvanize around two or three things. One being that we need property tax reform both on the assessment process as well as on the determination of how that money is spent. Two is that an audit of the Henipin County budget should be done specifically around 50% of the spend which is around health and human services. And third, I just want to share a couple data points. And again, I'm not sharing an opinion. I'm just sharing some data points that I found through my research. The first data point, I requested the last eight years of nonprofit spending within the county and I only received spending for the year of 2025. Within the year of 2025, Henipin County spent $150 million on nonprofits and across 600 nonprofits. So, put that in perspective. There's 55 square miles of Minneapolis. Henipin County spent money towards 8 to nine nonprofits per square mile. In comparison, there's only two public schools per square mile in Minneapolis. Data point number two, I took a look at the overall property tax spend and Henipin County receives around $1.2 billion in receipts for property taxes. 40% come from Minneapolis. 60% come from municipalities outside of Minneapolis. Of that money, 319 million is spent on human services. 129 million is spent solely on debt service. 64 million spent on the health system. 38 million of which is spent to recoup uncompensated medical services within the Henipin County Health System. And 26 million is spent on a category called disparity elimination, which is more spent on disparity elimination than CIP and public works combined. >> Mr. Peterson, you're over three minutes. I'll ask you to wrap it up. >> Okay. Thank you. I'm going to leave you with this one piece, and that is I believe that it's a moral hazard that the property owners outside of Minneapolis through property tax payments are subsidizing the mismanagement of Minneapolis. Thank you for your time. Nate Thornton and then Steve Supan and then Hannah Thornton. Hello, Mr. Thornton. My name is Nate Thornton and I'm a resident of Minnitankka for 18 years. Six years ago, we rebuilt our home. It was because of immigrants and their descendants that we could afford to do it. [panting] They framed our house. They installed our windows. They hung our sheetrock. And just last year, as hail damaged nearly every home in Minnitankka, it was those same hardworking folks who repaired them. In one day, they'd have a roof torn apart and put back together, another roof for another 30 years. Every one of us has benefited from the labor of immigrants. So, let's help them. ISIS is terrorizing our neighborhoods. a baton drawn on me. We don't need this. These people just want to help us. They just want to work. ICE is not here to help us. Immigrants are. We urge you to join with the cities of Minneapolis and St. Paul and lead the suburbs in opposition to this occupation by joining their lawsuit that opposes this on constitutional grounds. >> [applause] >> Thank you, Mr. Thornton, Mr. Supan, uh Hannah Thornton, and then uh Rachel McCrae Mammoon. >> My name is Steve. Ready? >> Okay. >> My name is Steve Supan, a resident of Minnitonka since 1996. I am concerned about how the targeting of Minnesota by federal immigration enforcement agents will affect Minnotonka's economy and the civil rights of Minnotonkans. For example, at the Richdale YMCA where I'm a member and the Ridgedale Library where uh ICE agents uh briefly blocked access in December and traumatized children. A US Supreme Court decision in September, Gnome versus Basquez Pardomo, allows ICE agents to detain people based on their quote perceived ethnicity," unquote, and or for speaking a language other than English. Detention numbers resulting from so-called Kavanaaugh stops have skyrocketed. I have three questions for the council about the consequences for Minnitonka of Kavanaaugh stops. First, could the council authorize a survey of Minnotonka businesses, including child care child care centers, to determine what, if any, economic and social impacts have resulted from ICE detentions at businesses and work sites in Minnetonka. Second, although agents are not sworn uh police officers, they often identify themselves as police during traffic stops and unwarranted entry into homes. Will the council ask Minnotonka uh police to determine the extent to which, if any, ICE impersonations of police officers have affected public safety in Minnitonka, for example, through lack of cooperation of Minnitonka residents with Minnitanka police? My third and final question concerns the ICE practice of illegally entering private homes without signed judicial warrants. An ICE warrant, quote unquote, is not a judicial warrant. How can the city of Minnitanka ensure that Mitaka residents, including US citizens, know their rights when ICE demands entry into a home without assigned judicial warrant? Thank you for your consideration of these questions. I have copies of these questions for the mayor uh and the council members and would be happy to further discuss them with you. >> Thank you, Mr. Supan. Hannah Thornton and following Hannah will be uh Rachel McGreg Mahmud. Hi. Um my name is Hannah Thornton. I'm a citizen here at Minnitanka or here in Minnitanka. Um I feel compelled to use my voice and any privilege I have to speak up about the atrocities I and countless others have witnessed due to the presence of ICE in our community. I have seen firsthand the rage and unmititigated anger of an ICE officer when I went to be constitutional observer um at an abduction of community members at a business on Highway 101. The officers already traumatized the lives of these workers. Yet that was not good enough for their insatiable desire for complete control. They brandished their weapons and threatened my husband with it. All of this because we dared to bear witness to their crimes. Minnotonka claims that it is a safe and welcoming community striving to make space for all. What are you doing about ICE? How much more suffering needs to occur before you step up and say no more in our city? We should not feel safe for a moment or a moment of comfort until this terror ends. My question to you as someone who is bound to the Constitution, what are you willing to do? It might feel uncomfortable, but what are we willing to do? Humanity is for all regardless of background. Now that Minneapolis and St. Paul have taken a stand against this reign of terror, when will Minnotonka say enough is enough and join hands with our bigger sisters, cities? Thank you. >> Thank you, Miss Thornton. Uh, the last person I have on this item is Rachel Mcrag Mammud. Good evening, city council members. My name is Rachel Marg Mammud. Um, I'm a native native motan. Um, I left with my family to the Dallas Metroplex about 10 years ago. Uh the last 5 years we were living in Texas uh were very challenging for my family in countless ways. As parents, we questioned raising our child in that environment. Um it was it was totally fraught with division. I was a public education advocate and I watched a once thriving um destination school district uh morph into a place where books were banned, veteran teachers were fired uh due to political affiliation, and parents were pitted against each other. Um, after the COVID pandemic, we we were able to move back to Minnesota. Um, Minnesota's always been my home. It's always been something that made me proud. And so, we ended up choosing Minnotonka. Um, because it had a great reputation as a thriving school district and the community was also strong from what I heard. But this past month has me feeling the same sick feelings that I had when I was living in Texas the last few years. Um there is a fear in this community. This is not just a Minneapolis issue. It's not just a city issue. Um this is a suburban issue now. Um it's also a rural issue and it's affecting our community members here. Persons of color are being targeted, profiled, and left in fear. Their families are in fear. not just them. And no one should have to live in this fear. I know firsthand um that fear because my husband who is from originally from Bangladesh came here to Minnesota in 1994 on a student visa. He uh became a permanent resident and then was a naturalized US citizen in 2013. He now has to feel the need to carry his passport just to go get milk. Um and that's just not okay. So, I'm speaking here not just for my family, but for the other families that can't be here. Oh, my time is running low and I have so much to say. I'm just going to do a couple highlights. Um, to local law enforcement, we really need you to communicate where you stand in protection. Um, I want to know, are you collaborating with ICE? Maybe not. I know that you guys said that you really trust them, but we need to feel better about this. Um, I want commitment from law enforcement that um, you're working on behalf of the residents and the citizens here. Um, a message to our schools. I just left today working at a school bus stop to make sure kids got on the bus. They were not harassed by ICE and their parents weren't taken from them. That is traumatizing. Um, as a social worker, it's very traumatizing to see that. Um, we are doing the work as community members. we are um I want to see what you guys do, not just what you say. Um I want this fear to go away and I'm over time here. I had so much to say, but thank you. I appreciate your opening statements today. It makes me feel better and now we just want to see action. Thank you so much. Thank you. Um we'll move we've got one more card here and then if there's anybody else, I'd encourage you to line up that as we implement this new process. will have a little bit of grace, but um Bria Murphy. Um hi, my name is Bria Murphy. I have lived in Minnetonka for three years. I also attended Minnitanka Academy just about two years ago so that I could feel very confident and comfortable um in understanding exactly what it is that you all here in this room are elected to do and can do. While I still have a lot to learn there, the great news is I can talk really fast to get through my bullet points. Um, in addition to what all of my neighbors here have shared and said, I want to share a perspective that um, this weekend was horrifying in this city. Um, I have a a a perspective of being a moderator of a local like social media group. It's not a like big deal, but people were terrified posting sightings of ice, not no not documenting that they were in this neighborhood or in this neighborhood or in this parking lot and verifying these and it was horrifying and the radio silence was unacceptable from the top down in this state and in this city. So the three things that I specifically want to share today are about the ripple effects that you mentioned and the things that I'd like to see our city take a stand on and start building towards. So number one is the safety to stay home. You mentioned that there are people who need groceries. There are groups organizing to get those people together. We need to make sure people know how to access that and also keep the bad actors out of that. Um kids can't go to school right now. Kids can't go out to recess. How are we supporting the teachers who are doing that work as well as the families? How are making sure that they have the ability to keep their kids and themselves safe? Um, we've got businesses temporarily closing. I know you mentioned the MUN. I just saw a post that the tavern is also closing temporarily. We've got nachos closing temporarily in Hopkins. All of these businesses that also directly impact the economy of our community. Um, I also want to encourage us as a community and also this administration here to build safety, to speak out. We are seeing due process violations left and right. I want to know exactly what the police department in Minnetonka can do. Um and the last item here is I really want to think about the accountability that you all in this room and we all as citizens have to focus and make sure that the rest of the poem is not finished. We all know the poem. We all know the history. Um, I want to understand uh what kind of communication can be done on a regular basis so the residents here do not have another weekend of terror like we just had this past weekend. Um, I want to know how our police can help slow the roll of ICE. If they are breaking our law, we need to help them to slow down that work. If they are speeding, they need to be stopped and and and accounted for for that work. Um, I want to name what's happening here. Stop and frisk is far too muted for what is happening in our community. It is happening to everyone. Obviously, our brown and black neighbors, but we need to name what is happening here. Um, and I specifically want to understand what the regulatory purview of Minnotonka is able to do. For example, can we pause collecting rent in the city of Minnetonka while people figure out how to survive all of this? Thank you. >> Thank you. All right. I will give one last call. If there's anybody else that wants to speak, we'll please come up to the podium. If there's anybody beyond this gentleman here, please stand up in line. Otherwise, we're going to close comments after this. >> Hi, I [clears throat] wasn't going to say anything tonight, but I am inspired to. Uh, my name is Eric Hayward. I live at 15319 Lake Street Extension, which is four minutes from here. Um, my son Lucas was born in Guatemala. He is a United States citizen. He is 21 years old and he came here when he was two. So he has moved freely throughout the state of Minnesota and the United States as a United States citizen enjoying all of those rights and privileges. Um I got him as he's also on the autism spectrum and he is a I'm I'm only 5'6 as you can tell. He is about this tall. Beautiful Latino young man with flowing black hair. Um, and he uh I had to get him his passport card. And because he is on the autism spectrum, I've had to say, "Okay, repeat after me. I'm a United States citizen and I have my passport card." As of tonight, my wife spoke to his his dad, his adoptive dad. I'm again his stepdad. We have decided he is no longer driving back and forth between our homes by himself. My family thought I was paranoid when I started talking about this. They have all come to me and said, "Eric, Dad, uh, we're sorry. You were right." Because, as we all know, citizens are being taken. I saw video today of a 15year-old boy being harassed and taken in Minneapolis. So, um, I'm just letting I've had very good experiences with Minnotonka police. Very good experiences. I think my other teenager gave you guys some headaches at a few points. He he he was he he was a trial for all of us. Um, but if if somebody shows up at my home that is not one of these fine officers, I am calling the police immediately because there we are not doing anything illegal in our home. We are all citizens in our home. So, I will call the Minnetonka police. As far as I'm concerned, if someone steps on my property wearing any sort of law enforcement identification and it is not these folks here, I am calling the police and [music] I have a sincere belief that they will do the right thing and they will protect my family and I'm here to protect everybody else in this room as well. So, I'm I'm so nice to be here and I I'll probably come back because this was really great. So, thank you so much. Thanks for letting me jump in on >> Thank you. Thank you. Please come come forward. State your name and address, please. >> My name is Sarita Kelly and I live at 11070 Cedar Hills Boulevard. Um, I'm a very new uh member to this community. I moved here in October. Um, and I um I was afraid to come tonight. I was even more nervous to get up and speak. Um I saw about this because someone posted it on threads and I thought okay I I'll come kind of feel out how people are and um I grew up in St. call my whole life. So when I told people I was moving, the role of assumptions and stereotypes about Maco who lives here um came with but obviously I moved anyways. Um it being here tonight though has been very comforting to hear not only you all speak but everyone behind me speak. Um I too carry my passport ID card. I'm Mexican, black, and when Trump was inaugurated the second time that week, I applied for my passport and the ID so I could carry it with me so I could at least say, "Hey, I be I'm citizen. I have this." Not that it would matter in that scenario. Um, but it's [snorts] very comforting to hear everybody speak and to know that, you know, the stereotypes that my family had tried to kind of push uh so far have not been true. I have been welcomed by the people in my apartment, just random people on the street. So, um it it's yeah, it's just very comforting and I um am very appreciative that you guys have taken the time out to to speak about this. Uh, so thank you. [snorts] >> Thank you, Miss Kelly, and welcome to Minnotonka. We're glad to have you. >> Come on forward, please. >> My name is Reed Hollowman. I live at 17306 County Road 101 West. Wanted to thank the council, thank the mayor, thank everybody who's showed up sharing their thoughts and concerns about what we're going through right now. I want to confess, I feel a little bit silly right now. Um, my bingo card for 2026 did not include a paramilitary invasion of our city to conduct ethnic cleansing. And that's really what we're seeing. This is the administration's attempt to try to remake our community into their preferred image. And we as a community have been given a challenge. They are challenging us. They are trying to intimidate us. They are trying to divide us. And if they can't you achieve their means by intimidation or division, they'll try coercion. Intimidation. We have people, brave people that are out on the streets, constitutional observers. They have to be there because we cannot trust ICE to follow their own processes. We cannot trust them to adhere to their sworn duty to serve the public. And I think it's imperative that those people that are putting themselves at risk understand that the city and most importantly the city's policemen have their backs. When constitutional observers are out in an incident that involves ICE, if Minnotonka police is there with body cameras as a witness to what's happening, I think it's much more likely that there's going to be deescalation and that we're not going to have a violent incident like what what happened with Renee Good. I also think that it's important that the city have a bold and aggressive response to what we're seeing. I think every community in the Twin Cities needs to have a fullthroated and unamig unambiguous support for what Minneapolis, what the governor, what our urban leaders are asking for. They need to know that this isn't an immigrant versus non-immigrant issue. This isn't a black versus people of color, a white or people uh white or people of color issue. This isn't an urban issue or suburban issue. Our communities are attacked. No one is safe. They're counting. The administration's counting on our silence. They're counting on those fault lines that are in our community now so that communities like Minnetonka will stay silent and hope that it doesn't hit us too much. Hope it passes by. Hopefully maybe we can escape, you know, with with being harmed too much. And I think we need to show support. We're in this. It's going to suck for the next several months and I think we need to make the best of it as we can. The last thing I would say is we're not going to win this on the streets. We're going to win this in the courts and the court of public opinion. The Family Separation Act failed because enough people in this country saw images that they found abhorrent. The constitutional observers that are out there are getting that message out. We need to help them. And I think we also need to make sure that we're telling ICE what is appropriate behavior and response in our community. That means body cams should be on all the time. That means there should be ordinances that no police officer >> I'm going to ask you to wrap it up. >> All right, I'm getting there. Sorry about that. No federal officer should be conducting law enforcement with a mask. Deescalation requires both verbal and non-verbal cues. Someone with a mask and Oakley's makes the situation a lot more difficult. And then I can't believe I have to say this, but there should be an ordinance that no one can have an unholstered firearm while operating a cell phone. We can't we can't drive. We can't drive and operate a cell phone. We shouldn't be able to operate a firearm. And if those ordinances are in place, I don't expect that ICE is going to to just automatically say, "Okay, yeah, I guess we'll adhere to that." But at some point, enough cities and states are going to be passing these ordinances, we can be part of that wave and we can start putting some standards of behavior that need to be done. Thank you very much. >> All right, come on up, >> Madame Mayor. Council members, my name is Renee Norton. I live at 11070 Cedar Hills Boulevard. Last August, five of us started the Whipple Watch and I work there and on in shift without pay every other day. Now I am patrolling in the local areas. I want to address the division that you may have mentioned between black and white and what's happening with ICE. Um, prefacing that today I escorted two journalists around from Sweden who came here to look at us. So, the world is watching us. I was sprayed twice today. Pardon me. Don't get close to me. Pepper spray is not fun. I witnessed 2 minutes after a young 17-year-old white girl slammed on her brakes because I slammed their brakes on right in front of her. She immediately started recording with her with her cell phone. It's something that we all do. We've kind of learned this. Soon as that happened, the ICE agent reached through her door and window, threw her phone on the ground, and said, "I'm going to shoot you because you've got to learn a lesson." This poor girl, this is I have this on video. This poor girl then was drugged out of her car, thrown on the icy pavement, and cuffed. She was set up against the tire of the ICE agent's car. And soon after that, and again, I have this on video, she goes into a seizure. They finally laid her down. She was Oh, it was impossible. And I'm saying, "Call the ambulance. Call 911. Call." And what happened? The ICE agent said, "Get back or I'll shoot you." All right. This has got to stop. This is wrong. ICE cannot be allowed to go about their business thinking they can just harass anyone they want. And I'm tired of it. I hope you guys can join with me to stop it. We've got to make them accountable. ICE has to be accountable. And now that the border patrols here, they're just as bad. With that, I want to say one more time, the world is looking at us. I know firsthand just today. And I want to thank you. Thank you. [applause] All right. We don't have anybody else lined up, so we're going to close public comment. Thank you all for coming. Um, if you We've got a full agenda, so if you're going to make your way out, just please do so quietly. All right, moving along. We have um item number nine, which is bid bids and purchases. We have none of those tonight. Item number 10 is the consent agenda items requiring a majority vote. And um these are items that are considered routine in nature. We'll read through them and as I read through them, if anybody on the council or in the audience wants us to pull one of these items to discuss them or ask a question, please indicate so. Otherwise, we can um move approval of these items in one vote. So, we have consent agenda item 10A, which is a cooperative construction agreement with Henipin County and the Minnesota Department of Transportation for Trunk Highway number 394 signals at Ridgel Drive and Plymouth Road. 10B is Purgatory Creek Restoration Maintenance Agreement between Riley Purgatory Bluff Creek Watershed District and the city of Minnitonka. 10 C is the 2026 just strategic plan action steps. 10 D is the 2026 study session work plan. 10E is designation of the official newspaper for 2026. 10F is city manager 2026 compensation. 10G is a funding agreement for the Metropolitan Council's livable communities demonstration account, affordable home ownership grant for the homes within reach and Habitat for Humanity programs. 10A is the preliminary and final plat for Oakland Woods Estates, [music] a two lot subdivision at 2203 Oakland Road. Are there any uh any items that need to be pulled? Not seeing any, I would take a motion. Council member Wilburn. I move approval of cons consent agenda items 10 A, B, C, DE, E, F, G, and H. >> Thank you. And I would take a second. Council member Foster Bolton. >> I'll second. I have a motion by council member Wilburn, a second by council member Foster Bolton. Miss Kuzman, would you please call roll? >> Calbertt, >> yes. >> Romeley, >> yes. Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, yes. Shaq, >> yes. Motion carries. Similarly, we have the consent agenda items requiring five votes. Again, these are items that are routine in nature. Just needing five votes and we just have one of those tonight and that is 11A applications for renewed precious metal and secondhand dealer licenses for 2026. Anybody want to pull that? No. Otherwise, I would take a motion. Council member Calvert. Thank you, Mayor. I move approval of consent to agenda item 11 A >> and a second. Council member Foster Bolton. >> I'll second. >> I have a motion by council member Calbertt and a second by council member Foster Bolton. Miss Kosman, please call roll. >> Calbertt, >> yes. >> Remey, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shack, >> yes. Motion carries. All right, moving on to item number 12, introduction of ordinance, which we have no introductions tonight. On to item number 13, which is public hearings. Um item number 13A, which is the on sale intoxicating liquor license and Sunday on sale intoxicating license for Minnitonka Barbecue, Inc. doing business as Famous Dave's Barbecue Shack at 14601 State Highway 7. And Miss Wishnack, that's you. Thank you. Thank you, mayor and council members. Uh this is just a continuation from your meeting that you had previously in November. Um at this time, we do have the full background that has been provided by the police department's investigation. That information was provided to the city council. Um, we have discussed with the business owner any information in that background check and uh we do recommend moving ahead and issuing the license. Uh, so the actual action for the council tonight is continue the public hearing, hear from anyone. Uh, by the way, the owner is on the line. Uh, and then we're recommending grant the licenses. With that, mayor, I'll turn it back to you for any questions. Thank you, Miss Wishnock. Any um questions? council. Okay, this is a continued public hearing. The public hearing has been open. We would um entertain any comments from the public. I I believe we heard from the applicant at the last meeting, but if he has anything he would like to um add, he's welcome to do so. No pressure. I think we kind of get get what's going on here. I'm going to go ahead and close the public hearing and any um questions or discussion from council. Otherwise, we would entertain a motion. Council member Calvert. Thank you, Mayor. I uh mo make the motion to uh grant the licenses in item 13A. I have a mo motion by council member Calbertt and council member Foster Bolton. I'll second >> and a second by council member Foster Bolton. Miss Kuzzman, please call roll. >> Kelbert, >> yes. >> Raley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shaq, >> yes. Motion carries. Thank you. All right. >> Excuse me. Uh, moving on to item 13B, which is an ordinance amending the city charter establishing the number of members of the charter commission. And Mr. Nilson, that's you. >> Thank you, Mayor, council members. This first charter amendment was um recommended by the charter commission at its annual meeting on November 18th and the recommendation is to add a new section 2.12 to the city charter to establish a fixed membership number for the charter commission. Uh the charter commission in Minnotonka has historically had nine members for a a fairly long period of time, at least as far back as I could tell. Uh the membership has also included at least one member of the council. um the the practice has been the mayor, but the or the um charter provisions currently provide that that only one council member may serve. So, it doesn't have to be the mayor, but that's been the practice. The chief judge of Henipin County District Court appoints all of the charter commission members and the state law provides that charter commissions in terms of membership must have not less than seven members nor greater than 15. And so the membership could theoretically fluctuate depending on the number of interested parties, number of applicants, and the chief judge has ultimately the authority and the discretion to appoint as many as uh she sees fit. So the proposal here for our charter uh which is allowed by state law if it provides that if you establish a fixed membership number in your charter that controls going forward. So this is something other cities have done um and the city's charter is currently silent on the issue. So the proposal is to establish a fixed membership number of nine consistent with past practice that would have the flexibility to expand to 10 with the addition of a sitting council member. Um and so with that um I will stand for questions. The action that we are requesting is to hold the public hearing uh and then to adopt the ordinance. I will just note um uh because we're we're doing what's called a charter amendment by by ordinance uh and you're bypassing the ballot by doing it this way. Um it does require unanimous consent on the council. So it would require six affirmative votes. Uh and then the amendment is effective 90 days after publication. >> Thank you, Mr. Nelson. Council, are there any questions about this fairly routine amendment? I would say not seeing any, I'm going to open the public hearing. Is there anybody in the audience who would like to speak regarding this proposed um ordinance amendment or charter uh regarding the charter? Anybody? One last time, anybody? Not seeing anybody. I'll close the public hearing. Um any uh opening it up for discussion. Otherwise, we would take a motion to um adopt the ordinance. Council member Romey. >> Thank you, Mayor. I will make the motion to hold the public hearing and adopt the ordinance. I mean, sorry, to adopt the ordinance. We're related to the public hearing. So, adopt the ordinance. >> I would take uh I have a motion by council member Romey and council member Calvert. I'll second and a second by council member Calvert. Miss Kuzzman, please call role. >> Calvert. Yes. >> Raley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shaq, >> yes. Motion carries. Thank you. Um, item 13C is another uh ordinance amending the city charter to reflect state law requirements regarding resident signature um petition resident signature petitions. And again, Mr. Nilson, that's you. >> Thank you, mayor, council members. This is a another charter amendment recommended by the charter commission at its annual meeting in November of last year. Uh this particular amendment uh seeks to provide greater clarity and alignment in the charter regarding resident signature petition requirements um reflective of state law requirements. We realized it was actually an alert from the League of Minnesota cities uh that alerted cities that many city charters that include petition requirements are missing some of these elements. And so um it was a topic for the the charter commission at its annual meeting. Um one thing to be really clear, these proposed amendments do not make any substantive changes to the law or process regarding uh initiative and referendum which are the the two signature petition elements that are provided for in the charter. Just to draw one distinction, the charter provides for initiative and referendum and those uh each have their own requirements in terms of the number of signatures that must be obtained and the manner in which they must be obtained. The the process to amend the city charter itself is set out in state law. So that is diff that is a separate and a different process and that has its own requirement. So just to not create any confusion, this isn't um the this particular amendment addresses the form for initiative and referendum. Um, let's see. Again, it's uh a charter amendment by ordinance uh not going to the ballot. And so, a state law does require unanimous consent which with the current composition of the council would be six affirmative votes. And so, with that, we are asking to hold the public hearing and then seeking a motion to adopt the ordinance. >> Thank you, Mr. Nelson. Uh, council, any questions regarding this one? Not seeing anybody any I will open the public hearing and invite uh any comments regarding this charter amendment. Any comments? Last call. No comments. I'll close the public hearing and bring it back to the council again um for discussion or a motion. Council member Calbertt. Thank you, Mayor. I just wanted to make a comment and then uh make the motion. I just wanted to let people know that um we actually there hasn't been a whole lot of discussion of these items because we've had study sessions to make sure that we're familiar with um this kind of item before it comes up, especially because it is a charter amendment. So, I just wanted to let uh members of the community that may be watching or listening know that we have considered these matters in study session. And with that, um I'd like to make the motion to adopt uh the ordinance amending the city charter to reflect state law requirements regarding resident signature position petitions. Thank you, Council Member Calbertt. and a second. Council member Romey. >> Thank you, Mayor. I'll second. >> Thank you. So, I have a motion from council member Calbertt and a second by council member Romey. Miss Kuzman, please call roll. >> Calbertt, >> yes. >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shaq, >> yes. Motion carries. Excellent. Okay. Um, the next kind of set of items might be where we need a little bit more time. Does anybody need a break? Yes. Let's just take let's keep it quick. Come back in three or four minutes um to finish it up. Heat. Heat. Heat. Heat. All right, I think we can get back to it here. So, we're on to item number 14, which is other business. Uh 14A, acting mayor and alternate acting mayor. And I'll take this one. So, pretty straightforward. Mr. Funk and I kind of went back through the history and pieced together uh who's up and by my math given kind of the shifts that we've had. Um the acting mayor is the the ward one council seat is up for that which is um council member Foster Bolton. I spoke with her over the weekend and she's willing to take that uh appointment and the alternate acting mayor that's ward four is up for that and I spoke with council member Rome this weekend as well and she is up for that. So I will make the mot number three apologize. Yes. Um misspoke. Um, I will make the motion appointing council member Foster Bolton as the acting mayor and appointing council member Romey as the alternate acting mayor for 2026. Council member Calvert, I'll second. >> Thank you. So, you have a c you have a motion from the mayor and a second from council member Calvert. Miss Kuzman, please call. >> Calbertt, >> yes. >> Mey, >> yes. Kley, >> yes. >> Foster Bolton, >> yes. Wilburn. >> Yes. >> Shaq. >> Yes. Motion carries. Thanks to those two council members for stepping up. Uh right. Uh item 14B is W 2 council member appointment or special election discussion. And Mr. Nilson, that's you. >> Thank you, mayor and council members. Uh we're going to talk about and seek some direction from the council on uh the path forward for filling the W 2 seat uh which became automatically vacant on uh January 5th when uh Mishach was sworn in as mayor. So vacancies on the council are governed by section 2.06 of the city charter and the date of vacancy in relation to the unexpired term dictates the process to fill the seat. So, because there are less than essentially less than two years left on the remaining uh term of the W 2 seat, which would run until January 3rd, 2028, a special election is not required. However, the council has options. The council can appoint for the full remainder of the W 2 term until January 3rd, 2028 or schedule a special election. the um the date that the council would call the the special election will dictate correspondingly when uh the special election is held. State law requires that it be held um at specific dates during the year and it's one of five days. The second Tuesday in February, April, May or August, or the first Tuesday after the first Monday in November. The council also by charter has 60 days to make this decision. Um just want to be clear that the appointment for the remainder of the W 2 term would have to be done the process done and the seat filled by the deadline which is March 6th. Uh the other uh option again is to schedule a special election during that 60-day period before March 6th. So there are three options um and they're laid out on the slide before you here. uh appoint for the remainder of the term for W 2 until January 3rd, 2028. And that appointment process must be complete by March 6th. Uh for a May special election, the council would call for the special election by resolution at its next regular meeting on February 2nd. for an August special election which would be um could be held on the back of the primary ballot uh which would result in some cost savings and an ease of the administrative burden for the city somewhat for an August special. The council would call for that uh by resolution at its next regular the following regular meeting on February 23rd. And I'll just note that that February 23rd meeting is the last regular meeting of the council before the March 6th deadline to make this decision. So, in terms of what you decide uh and scheduling, there might be the need for uh a special meeting in there if necessary. But this this was these options were all laid out just with regard to the c the the regular meeting schedule of the city council. So, uh one point of clarification too, there is no authority under charter uh to appoint an interim council member to fill the seat until a special the authority with regard to appointment is for the full remainder of the term. So, with that, I can stand for any questions. >> Thank you, Mr. Nelson. Uh, any questions about this for Mr. Nelson? >> Um, I do have a question and sorry, Mr. Funk, I didn't think of this earlier. Um, I think it is pertinent. the if if this information is available, maybe Miss Kuzzman has it, but when the last time we had a special election, I believe was the last time we were in this situation with Mayor Wears. Um, do we know what the voter turnout for that special election was? And I if I had thought of it earlier, I would have asked earlier and and maybe we can I I'm sure I'm sure she can get her hands on it and we can continue the conversation. Um I believe it was somewhere in the neighborhood of 5%, five or 7%, but that's just off the top of my head. Um go ahead, Council Member Foster Bolton. >> Thank you, Mayor. Um, so, so that was how many years ago? >> Eight years ago. >> Okay, that was 8 years ago. But since then, we've had um appointments and there were how many? Two. >> Okay. So, and those are the most recent. >> That's right. >> Is that correct? >> Yeah, >> Mr. Funk. >> Yeah. Thank you, Mayor and Council. Uh, Miss Kuzman's looking up the information on the last voter turnout when we had a special election. While she's doing that, um, if you have other comments or questions while she's doing that, the other thing that Miss Kuzman can provide to you is some history as well. So, to council Foster Bolton's I think question or comment about just some history on how many um, previous similar situations have there been appointments andor special elections. We do have that information for you and I'll look to Miss Kuzman to share that along with the uh voter turnout information. If you give us just a few minutes, we'll get that to you. >> Any other questions? Otherwise, we can kind of start our discussion and then when we have that data, incorporate that into the conversation. Council member Kley, >> I guess my question Thank you, Mayor. I guess my question would be for the August 11th. I know me and um city manager kind of talked about this earlier. Um, if we decide to do a special election, would there be a cost to the city if we um did it on the August 11th for special election? >> Mr. Funk. >> Uh, thank you, Mayor, Council Member Kley. Uh, to the options that city attorney Nelson uh outlined for you. Uh, just two things to couple things to consider in there. Uh so with the first option with the May 14th election uh staff estimates there would be a cost of that election in the neighborhood of 30 to 35,000. The advantage for your consideration is that it fills that seat sooner. Uh however to save taxpayer money if you will to save that 30 to 35,000 that would be the advantage of the August 11th special meeting as Mr. Nilson alluded to. that's also the statewide primary. And so there's an election occurring on that date. And so you'd simultaneously do those together. So in essence, on one side of the ballot, there'd be the statewide primaries. The other side of the ballot would be the special election for Ward 2. You would combine those two at the same time. Therefore, there would be that savings of 30 to 35,000. So that's the distinction. Now, of course, waiting till August 11th, a little more time passes with that vacancy. Council member Kley, >> one more comment. It's going to be election anyway cuz that's going to be the primary. So it, you know, we we will already be having that um election. So it's going to cost money either way. We're just adding another question onto the ballot. So, you know, um that's just my comment. Looks like Miss Kuzzman has our answers for us. Miss Kuzzman, thank you. >> Hi there. Thank you, Mayor and Council. So, I looked up a few of the um historical election turnouts. It looks like the last one we had that was a special was uh fairly low at 2.7%. Um and then above that there was um 8% and a almost 4.5 8%. so low. When we do special elections, they they do tend to be low, especially if it's a ward and there's only five precincts in there. Um, that is the downfall of doing a special election. Some history um that I pulled together this afternoon. [clears throat] It in uh February 14th of 2012, there was a there was a special election that was done when Patty Ahol left. So, that was a special election that was done in 2014. There was an appointment when Tim Burkstead left in 2018. There was a special election when Mike Happy was elected and then in August Rebecca Shaq was appointed. So there it does go back and forth. 20 um 2019 Susan Carter was appointed and then there was a special election on the November ballot. So it kind of goes back and forth. There's not a there's not a trend of one or the other. It doesn't, you know, necessarily matter to our election staff which way we go. Um, in May, of course, there would be the cost. There's it's about 30 to $35,000. Um, in August, as Mr. Funk said, there would be no cost because we're already doing an election. And then an appointment, there would be no cost as well. So, just a little background there. Any other questions? >> Thank you, Miss Kuzman. Uh, Council Member Kley, >> I'm not sure. I'm not for sure if you said this, but you might have said in November there was a special election. Um, and I want to say, did you say 2019? >> Um, in 2018 there was a special election and then there was an appointment. Okay. >> So, in 2018 we had both. >> Okay. I have one more question. So, have we had a special election where we ran the special election with the primary? >> No, we have not. >> Okay. So, this is a little different, right? >> Correct. This would be different. This would be on the back of the ballot. >> Okay. >> Uh it would be rank choice voting. So that makes it different in itself as well. I did talk to Henipin County. They are they said that there is um room on the ballot. On the back of the ballot. It is a different voting method. >> So we would have to educate our voters on that. That in the front you have to vote by party. On the back you're going to be voting rank choice voting. Um I think our residents are very smart and they can do so. Uh just education though we would need to do. >> Thank you. All right. Any other questions? All right. Well, then let's let's you know what I'm going to do. We don't have any cards, but I will offer um if if there's anybody in the public that wants to comment on this, please feel free to come to the podium and do so. Um not seeing anybody, so I'll bring it back to council and open it up for discussion. Council member Wilbur, go ahead. I >> Yeah. Um, so I guess I I'm leaning towards an appointment um for a a few reasons. Um, one is if we do if we do the May special election, um, that's that's not a lot of time for someone to decide they want to run and put together a campaign and campaign. Um, as well as the additional cost to to the to the taxpayers through the city. Um, and it's uh and it's waiting till May. If we wait till August, that's um all all the way to August before there's representation for for the board to um so my preference would be uh to a point. I know that doesn't give us a lot of time. We would have to to get going fairly quickly on on um interviewing candidates and and making a decision, but that's my that's my preference. I guess the special election would be number two, just again because of the cost. Um, but I'm really not liking the idea of waiting until August to get someone in that seat. >> You, Council Member Wilurn. Council member Calvert. >> Yeah, I I concur with Council Member Wilbur. I I have several uh reasons for leaning towards appointment. I mean, even waiting till May. I mean, just think about what we've been talking about tonight and um sort of the important um issues before us as a society on and above the fact that Ward 2 is the economic engine of our city. And to go for, you know, five entire months or let alone eight months without uh representation there. um which would then put the onus on us um for us, you know, uh quorum. It would be uh that's a long time to put that kind of pressure on the rest of us with everything that's going on. Um and I do think that uh especially because it is ward 2, which is our economic engine, there's so many decisions that end up affecting that ward. Um, I I lean towards that. I also agree, first of all, uh, campaigning for a May election. I I have absolutely no interest in waiting for an August election. It's just too far away. Um, I don't really relish an expense of a May 14th um, election and campaigning for that election uh, in this weather um, just seems really unfair and kind of cruel and unusual both for the candidates and the people that are opening their door to door knocking in this weather. Um, and so I just think um, it's too important to wait. um to fill it. And I will just say that having been on the council when we have appointed people, one of those people is now mayor and did a wonderful job uh on her first week on the job under really um challenging circumstances. And um the other council member was uh Susan Carter who was one of the more eloquent people I've ever met in my entire life. So um I know that we can find good quality candidates uh for an appointment and I would just want to move with extreme elacrity to um establish a you know an interview process um and dates for consideration. >> Thank you. Council member Calvert, Council Member Kley. Thank you, Mayor. Um, I lean more toward the special election. Um, and the reason why I lean more toward the special election, cuz I think about inclusiveness, um, making sure that we're inclusive. I feel like if we do, um, appointed seat, you know, um, you know, I just think about who, you know, and how um, I mean, I'm just going to speak from what I feel. Uh, I don't want us as council members saying, you know, telling our friends and telling people who we, you know, think should apply for the position and say, "Hey, I think you'll be a good fit for this seat." Um, I know a lot of times when folks get these seats, especially when they're appointed, it's it's about who, you know, and so I just want to make sure that, you know, if we even vote this way and go this way, that we are being more inclusive. And I feel like this will open it up for more people to be able to have that opportunity versus a few people who get selected to interview. um if people want to run um for this seat, then they run for this seat and that opens it it up to more folks. So, that's just my opinion about it. >> Thank you, Council Member Kley. Council member Rome. Thank you, Mayor. I actually just have a a question as somebody who hasn't gone through one of these before on council. Um maybe uh it can be described uh you know what the process of announcing and recruiting and you know advertising for uh the war 2 seat would include. Um you know I'm I'm not super afraid of not being inclusive at this point. I think we have a pretty inclusive council. Um but you know just understanding maybe we can do more to reach out to all of the communities in war I um what we can be doing for that um to kind of hit both things where where can we we be inclusive and also work with you know speed so that we don't have a half a year or more without a council member in war two. Is there any way to kind of split that baby staff? Mr. Funk. >> Uh, thank you, mayor. Uh, council member Romey. Good question. Uh, at this point, staff would um look to use a similar process that we use for boards and commission appointments. And so, that's the type of process that was used in previous appointments that Miss Kuzzman spoke of. Uh, we haven't ident we haven't mapped out exactly which dates, but what we would envision is that um it would start with certainly a promotional and marketing. We need, to your point, we need to get the word out. And so we'd work closely with our communications department. Uh we'd want to advertise it, market it, push it out through all of our social media channels, all of our channels, even channels we don't use to make sure that W 2 residents are aware that the city council is seeking an appointment process. Uh we then solicit for likely two weeks. Uh we do need a little time to at least get the word out there, get interest. Um, and knowing that we have till March 6. So, it's it's going to be a tight turnaround window and so we need to jump on it very quickly to get the promotions out there, get it marketed, solicit applications. Again, kind of similar to how we do boards and commissions. Uh, we don't have a special meeting scheduled, but I would envision that we'll likely need a special meeting for you to interview then prospective candidates. Uh, we don't know at this point you we're going to have one person or 20. Uh and so we'll have a little fluidity to that process knowing how many applications we get. Uh and then typically in a boards and commission appointment, those will be forwarded to you. If we end up with 20 applications, for example, we'd want to narrow that down and likely recommend you interview perhaps five candidates somewhere in that neighborhood's typically the process. Do a special meeting to do that and then hopefully make an appointment then by March 6th. >> Thank you. And if we do go that route, um I hope that we can uh include in some of our, you know, kind of materials that we're using what's involved in these positions, understand um you know, kind of what the expectations are so that they're ready to read a 700page packet between Thursday and Monday. Um that they're willing to you know, do 40 meetings a year, including some that go till midnight. hopefully not as many anymore. Um, and things like that and and just kind of making sure that applicants are fully aware. And I, like I said, I haven't been through this process before, but you know, let's pe let's uh set people up for with realistic expectations about what they're potentially signing on for if we're going to go through an interview process. Thanks. >> Any other um council members want to council member Wilburn? I said a followup on that question is so the I realize the timing would be different but the the way you advertise um for an appointment process does that differ for the between the way you would advertise for a special election if this was was going to uh be an elected if we were going to have a special election like the the places you advertise and is there a difference Mr. Funk. >> Thank you, Mayor, Council Member Wilburn. I I would envision that they would be similar. Uh again, I'd want to connect with our communications team and understand what their communication channels would be and if there's ways to reach other audiences outside of our normal communication channels. We'd want to do that just to make sure that everyone is well aware or as aware as they can be that there's this opportunity. And I would just to council member Rome's point, yeah, we certainly would want to have some sort of position description is typically what we would do. So, we'd want to highlight much of what you mentioned, >> Council Member Foster Bolton. >> It seems to me because it's um just you're just looking in one ward. So it would be it would narrow the um you know search and narrow the candidate opportunities so we could seems like we could get the word out easier just cuz it's one. So I I would go I would vote for the appointment as well. Thank you. I'll I'll weigh in. I mean obviously this is really personal to me and I feel very protective of the ward. Um I you know it as I thought about this and what I will say honestly looking at the metrics and looking at when I've run in the past um word two turnout is also low the low typically the lowest turnout in the city which I think we keep probably keep that in mind as well. Um I think there's just a lot of reasons for that and I won't get into it but um to me I think about two things that are happening. One we're master planning Big Willow Park. You know one of our major parks in [clears throat] the community um that has a lot of passion. I think that is going to should involve a lot of council member um conversations I suspect. Um and the uh Mr. Kuma's nodding his head. Um and the other thing is, you know, we have a fairly big project that we are um going to be considering in W 2 as well that's coming up in the Omagon space. Um and that is also an important project for the city. And so for me, as quickly as we can get somebody into that seat, the the better. The other thing is not only and I'm up up for it, um, but you know what will what will happen is Council Member Celver, myself, and Council Member Wilburn will kind of carry the torch for W 2, I think, in the meantime, which is, you know, which is fine, but it's not super fair to those residents. Um, but I also think there's a lot of pressure on, you know, we all deserve to take vacations and we are going to get sick sometimes and so we're down a council member, one council member on vacation or with a family emergency and now we're down to five making big decisions. So, it's important to me that we get that seat filled as quickly as possible. And I'm I don't have a strong opinion between obviously we can do it quicker with appointment, but if we're going to run a special election, I would say that would need to be that May 14th date because I think having a seat open for 8 months isn't fair to that part of the community. So those are my comments just coming from that ward. And I, you know, I think we can kind of counting heads, but I think there are a few people that haven't really made their opinion clear. So maybe we'll go one more kind of one more go round on the discussion here. Council member Calbertt, I I am I am all in for an appointment for all the reasons that that people uh just named, including what you just talked about. And that's really why I was saying that first of all, it's the economic engine. There are huge things coming um that we have to consider that are in ward 2 and it just isn't fair um to the ward not to have representation. Uh you know um of course people can call us and the atlarge folks will take the calls and do our best to represent but it really is leaving a hole. I get really worried about quorum and um and uh and I would say about inclusion. I mean honestly um we can reach out to people that we know. And the other thing that I will say and and some of my council members may disagree. We have wonderful board members and commissioners that live in Ward 2 that actually do understand a little bit about what the job is and there is something to be said about having board and commission experience. Um, and I think that there are people that might consider running and um, I think they'd have a lot to contribute to uh, city council if they were willing to consider it. And I'm a person that believes in experience and grooming. Um, I think there have been drawbacks in the past from people getting on the council who didn't really understand our form of government and so on and so forth, but I do think there are other people that got on the council with no city experience that have done a wonderful job. And um, so uh, but I do think there's something to be said for people that have already served the city and um, I'm I would be encouraging those folks to uh, consider it. And I think that we all should make sure that we are reaching out to people to be inclusive and um make sure that we have really excellent out uh representation for W 2. Anybody else want to weigh in? Otherwise, I think we need to get to some kind of consensus here. Council member Romey. Thank you, Mayor. Um I really appreciated the comments from other council members. that really helped, you know, kind of clarify things for me because I was a little bit on the fence. But having heard everybody's, you know, kind of comments, I would uh I I tend to agree that um having a a an appointment process that moves as quickly as possible would would probably benefit the ward um and the overall city um more than waiting for a special election even until May. And >> we know where you stand. Okay. [laughter] >> Yes. >> Still favor appointment. >> Okay. And >> so it looks like we does staff have what they need? It looks like we've coalesed around establishing an appointment process. And I I'll weigh in one one other thing. You know, just from having been a part of an appointment process, one of two people up here who has, you know, we we graded these and we had a very robust methodology for grading and um you know it is a function of not like boards and commissions where the mayor pick could theoretically pick. I mean this has to be the council is going to pick and that grading process gives us a lot of insight. So there's not you know there's no one individual who has all the authority or subjectivity to make a decision and say override the rest of the council. So I just want to assure everybody of that. Mr. Funk, is there anything else that we need to do at this point? >> Uh thank you mayor and councel. Uh, no. I think uh you've uh given us direction and as staff at this point we'll proceed with the with an appointment process uh in speaking with um Mr. Wittenberg here in the last few minutes. We're able to get this in the February memo. So that'll be extremely helpful because that reaches every doorstep uh in Minnetonka and then we'll go through our other communication channels. So we'll start proceeding in that manner. uh council, just know that at some point as we get uh further defined in when we could do interviews, we'll look to reach out to you on scheduling a special meeting to do those. >> Excellent. Thank you, Mr. Funk. All right. Thank you, council. I know that's such a tricky one and we want to be sensitive and also move quickly. All right. uh item 14 C which is a resolution supporting the authority to impose a local sales tax to fund capital improvements and Mr. Funk, you're going to start with this one. >> I am. Thank you, Mayor and Council. Good evening again. I'm getting the technology here. Getting the correct keyboard here. Thank you. Here we go. Well, mayor and council, I'll uh present tonight's information regarding a resolution regarding the authority to impose a local sales tax to fund capital improvements. Uh just with me, I have a number of staff members uh in our audience. uh everyone that's been part of our team here as we've worked with you and discussed this at the council study session back on no excuse me December 22nd where staff presented preliminary information regarding the potential use of a local sales tax as a funding mechanism for several major capital investments. At the December 22nd study session, the council expressed interest in bringing forward a formal resolution for your consideration. And before I go through the slides, I I do want to reiterate or at least iterate a couple things. One is the purpose of this agenda item is to support a long-term strategic conversation about Minnetonka's approach to managing our aging infrastructure. Our future assets and facilities both on a regional and local importance. This item represents an exercise in long range planning, recognizing that decisions made over time to these public facilities and infrastructure will have meaningful and lasting impacts in the Minnitanka community, the region, and Minnitanka's overall financial sustainability. I know we've talked about that study session, but I think for the audience here tonight or for those that may be listening, it's really important that we stress that this is a long-term planning exercise. uh we we recognize as staff and I know council you recognize that we do have some aging infrastructure and significant costs related to this infrastructure. So this is really taking a look at what are those scenarios, how do we fund those and what is the best strategy moving forward to fund those. Uh, the other thing I also want to stress, and I'll probably say this a couple times tonight, is that this agenda item and the motion or excuse me, the action being requested of you this evening does not obligate the city to impose a sales tax or to proceed with any individual project. rather again the adoption of this resolution would authorize staff to seek legislative approval to allow Minnetonka the option to pursue a sales tax subsequent to further city council action because there are a number of landing off spots if you will and I'll touch on those here in a few minutes and more importantly it would take voter approval through a local referendum and again I'll touch base on what those steps look like uh moving forward uh so the staff recommendation uh is to motion to adopt one of two resolutions and I'll walk through those resolutions here in the coming minutes. Those resolutions support authority to impose a local sales tax of.5% to fund specific cap improvements of regional significance and to authorize the issuance of sales tax supported bonds. So with those two resolutions that are in your council packet and for your presentation and again I'll have a slide that highlights these further in a few m moments is the same resolution. So again, there's two resolutions. They are the same verbiage, the same language except for as it relates to one of the five projects going to be noted and that's related to the marsh option A or resolution. Option A includes a full renovation scope for the Marsh Health and Wellness Center, a total project cost uh for all five projects that would be 116 million rounding. And then resolution option B includes a modified scope of improvements for the marsh with the total estimated project cost of 97.6 million. Again, I'll walk through those differences here in the coming slides. Again, just highlighting those two resolutions and the distinction of those resolutions are regarding the marsh. Four votes are needed for approval of tonight's recommendation on those resolutions. A little bit about our strategic plan. As you know, with all of our agenda items, we like to relate that back to our strategic plan. It's part of our guiding document here at the city. Uh, one of our pillars in our strategic plan is financial strength. More importantly, under financial strength, we have a desired outcome. And this is something council we've talked about uh, the last few years in our strategic plan. And that is looking at other sources of revenue for capital improvement projects. Uh, certainly we have our capital improvement plan and our capital improvement program. Uh, we levy roughly $10 million a year towards capital improvement projects. And what we have discussed as a city is are there other revenue sources, other revenue options that can ease the burden of property taxes as it relates to funding for these capital expenditures. So this does align with what we've talked about as a desired outcome. A little bit about financial consideration. Uh as of today, no, there there's uh yes, there is a financial consideration, but not directly applicable at this time because again, as I just noted, we're not looking at you're not looking as a council. We're not looking as staff uh in this joint conversation of proceeding with a sales tax today. Again, it's the authorization to do so. Uh this is not project initiation today. And so really what this resolutions do in front of you is contemplate the use of a half a cent sales tax over a period of up to 30 years to fund voter approved projects. And again, I'll kind of walk through that in more detail here in a few minutes. I also want to note that Mr. Nelson will also answer questions here at the end. Uh really as it relates to the 30 years projection uh in our conversations as staff with our financial adviserss. Uh they are a piece of that at ers at ellers and associate our financial adviserss. And so the sales tax in essence would would cover any principal and interest payments for bond issuance up to as I noted in that previous slide depending what option of the resolution you chose uh up to that 116 million. uh staff estimates that in either scenario, sales tax revenues would be sufficient to support the issuance of bonds and debt. And again, I'll get into that here in a little bit. And again, again and again, I'm going to stress that with the adoption of either of those resolutions does not commit the city to the sales tax, issuing bonds, advancing any project without further city council action and voter approval. As I'll highlight in the next slide, uh the timeline really is dictating tonight's action. Um, and I think it's most important, as stated in that last bullet point on this slide, instead the resolutions preserve flexibility while allowing the city to seek legislative authority and continue community engagement around infrastructure projects and funding strategies. A little bit about the timeline. Again, the you have two options tonight for the resolution. Uh, really what's driving that is, and I I'll come back to number well, number one states here, uh, resolutions adopted January 12th. uh sorry for the typo there 2026. What's driving that is then under number two which is this resolution will need to be submitted to the state legislative tax committees uh both in the senate tax committee and house tax committee by January 31st of this year. Uh and that's so again those need to be those resolutions need to go to those tax committees and that's uh those tax meetings then champion not champion this uh resolution but they will hold hearings regarding this ask. Uh the legislature does is convenes here in the coming weeks. the legislature is scheduled to end short of a special session on May 18th. And so we would anticipate that bringing this resolution to the legislature. Uh the legislature will debate that resolution, the legislature then would need to give the city authority to proceed. And if the city is to gain that authority from the state legislature, they would authorize likely on a tax bill. It's usually included in the omnous tax bill every year that tends to get voted on. on the last day of session. Again, unless it goes into special session, we would anticipate May 18th of that occurring. If the legislature does support Minnetonka's sales tax um authority for to for a sales tax, we then or you would as a council need to accept that by special law. Likely it could happen at second meeting in May if there's a special session. Uh it' be at the completion of that tax bill. That's why we note May or June perhaps of 2026 is when the council would take that action. The next step in that process then would to go to the voters. And so a sales tax question is a voter option. The the community would decide ultimately decide on a sales tax. Uh just noted here on the slide is that if we get to this step into the process, a voter referendum would need to occur within two years of authority. So, the fastest that a referendum could go to the public would be November of 2026. The latest that the city could bring it to the voters would be November of 2027. That's the 2-year window. Uh if the voters say yes to those sales tax asks, then the last step in the process is the council would need to adopt an ordinance and tax implication. So, that's the that's the steps. Uh I do want to note on the bottom of this slide it states it states that public engagement would occur after step four and before step five. So again this action tonight is to really preserve in the city's right uh if the state legislature allows for this provision then it would really initiate public engagement and it would be in May June of this year if the council were to accept that special law as I noted. It's really between step four and when you have the referendum, that's when we would further engage the public uh regarding this matter. A little bit about the background. Uh again, council, you've seen this before, so I know it's a little repetitive for you. Uh previously, the city worked with the University of Minnesota Extension for a report. They did a robust report. Uh you have seen that. And for those that are new to this topic, the estimated annual collection on a half cent sales tax is around $6 million per year. Uh again, that sales tax would be on goods that people normally would pay sales tax today. Uh items that are sales tax exempt like groceries and clothing would be exempt from a half cent sales tax. So again, it applies to items that you would purchase today that you [clears throat] would pay that someone would pay sales tax on. In that university extension report, one of the calculations they do is they analyze if a sales tax were to be implemented, where would that sales tax come from? And so in that report, it know in their analysis 54% of the sales tax would be collected from residents outside of the city of Minnitonka. uh they have their methodology and how they track uh sales data. Uh it's it's through credit credit card data that they're able to capture and so they have a pretty good sense that with sales tax just given the volume of shopping that happens in Minnetonka from residents outside the city sales tax would be collected again from 54% non-residents to 56% resident sales. uh based on 2021 estimates and I know this goes back a few years but based on 2021 estimates and if a sales tax were implemented at that half cent each Minnetonka resident would pay on average $41 additionally per year in that sales tax. Why is that important? because we want to we want to do some calculations on if you did a sales tax or if short of a sales tax and the city were to rely strictly on bonding and putting a bond issuance on the tax payers, the property taxes, what are those differences? And so what this tries to illustrate is who would pay what are the differences between a property tax and a sales tax? on the left hand side of the slide, it it really tries to stress that if the city were to rely on property taxes, and we've done some property tax analysis for these projects that I'm about to highlight, uh, which would be around $75 million in project and project debt, we would use 5 million. You would need $5 million a year to cover principal and interest payments on that debt. When we calculate principal and interest payments on that debt issuance, it's anticipated that the city and we as a city, you as a council, would need to eventually look at raising a tax levy in today's dollars around 9%. And so that would be a property tax increase needed of 9%. And looking at today's average valued home prices, that what that would mean to an average valued home is about $180 a year additional property tax to pay for these improvements through the property tax levy. Now, going back to the desired outcome in a strategic plan of looking at other alternative revenue sources, if we were to look at the sales tax option and why there's appeal to a sales tax option, again, it's not placed on property taxes, it's based on purchases. Uh the sales tax again as I just noted in that previous slide would be estimated to be about $41 a resident. Uh per the last per the 2023 US census, Minnitanka has about $2.27 persons per household or you'd estimate for a typical household in Minnetonka about $93 a year paid in additional sales taxes. So that's part of the conversation when we get into further public engagement on the strategies on how to fund these improvements. Is it um using the property tax or looking at the sales tax and that's a conversation you as a council will need to have and the best mechanism in funding these improvements. A little bit about the background. So in the resolution uh we talk uh about five potential projects. Uh these projects do have to have regional significance. I'll I'll go through those in the coming slides. Uh the first two noted there are related to fire stations. So, the rebuilding of fire station number two, that's located on Hopkins Crossroad with an estimated cost of 13 million. The second item is fire station number three on Roland Road. That's at 17.6 million. In essence, they're pretty close in terms of square footage and and um price of construction. The difference is in land acquisition. With Fire Station 3, we know we can't build on on that existing site and we're going to have to look at an alternative site. So we do factor in additional dollars for land acquisition. So that's really the distinguish between factor between those two. Uh the second is the completion of the high priority trail segments identified in the trail implementation plan or in the trail improvement plan. That's estimated at 34 million. Renovation or improvement of the marsh health and wellness center. Again depending on which option is in the resolution that we discuss or you discuss as a council either 35 or 16.5 million. And again, I'll talk about those distinguishing factors here in a few minutes. And then last is development of a community level park and open space in the Opus area estimated at 16.5 million. So those are the five improvements uh that are noted in the resolution. Uh also in the resolution, we highlight how it ties into regional significance and I'll state those here in those coming slides. So first thing again, fire station number two located Hopkins Crossroad. The regional significance piece of it is that it serves the Ridgedale district. Approximately 650 businesses. There are approximately 10,000 people in this area that uh travel inside Minnetonka, live elsewhere and come to the city. If you look at the corridors of both 394 and 494, that fire station serves approximately 200,000 commuter vehicles per day. Also out of fire station 2, the city of Minnitankka provides mutual aid to five communities through mutual aid agreements. So hopefully you get a sense of the regional significance of fire station 2. It's serving more than just Minnetonka residents. Fire station 3 again located on Roland Road. This would serve the Opus area. Over 4 million square feet of commercial property in that area, employing in this area of the community another 10,000 people. Uh in 2027, we anticipate the opening of obviously the Southwest light rail station, the Green Line extension. We anticipate again writership that is coming to Minnetonka to live and work in this area. Uh as noted on the next bullet point, uh we do have response to highway 69 and 62 cross town with over 90,000 commuters daily. And also out of fire station 3, we will provide mutual aid to several communities through mutual aid agreements. Uh again I talked about site location and so we need to look at a different site location. Estimated project costs are 17.6 million. Again noted 2 million for potential property acquisition with the marsh. Uh again regionally an asset regionally serves residents and visitors from across the region. Uh Mr. OD to his credit uh as you know council when the city took over the marsh we had a thousand members. that's now up to 8,000 members. Approximately half of our membership are non-residents from nearly 100 cities across the metro. Uh we have event and meeting space rentals serving thousands of residents, non-residents, and nonprofit organizations and local and regional businesses. And we have some special unique features that you're aware of at the marsh uh that are noted here that you can't find anywhere else. Uh one of two therapy pools uh in the metro. So we that's part of why people from a hundred different cities come here is for our therapy pools and then a lot of the items noted in terms of aquatic body work uh warm water therapy classes adaptive swim lessons. So again it becomes a regional draw a little bit about then the marsh in terms of two different options. Um the first is what we're calling the low lowcost option that's 16.5 million that is really deferred maintenance and an interior refresh. Uh as you is noted there uh part of that deferred maintenance is regarding pool maintenance. The exterior facade, roof and deck repairs. Part of the internal refresh is new painting, ceilings, lighting, flooring, mill work and audio video technology. And then certainly maintaining the current programming. Uh, this option also does take into consideration the initial purchase of the marsh as well as the $2 million in the initial two-year operation costs. Looking at the middle cost option of 35 million, that's everything I just explained. Uh, and then includes a more robust renovation and accessibility upgrades. Uh, there's renovation to the conference areas that create connections to the spa and improve rental spaces. There's expanding the spa and retail, creating outdoor spa areas, create member and non-member areas at higher membership price levels, uh redoing and reworking our office and dining areas, the cafe areas. Also, the renovation of the locker rooms for code compliance and our inclusive inclusivity and accessibility. I went through that rather quickly and Mr. Day is Mr. Jod is here to answer more questions regarding the scope of those two options. Regarding the trails, uh the trail ask is around 35 million. This would complete our high priority trails identified in the trail improvement plan. Uh this will create a fully connected multimodal transportation system that serves residents, employees, and visitors across the region. This will connect neighborhoods, schools, parks, and employment centers. And this is the critical last mile connections and council I know you've talked about that we've talked about critical last mile connections to the regional infrastructure including the Lake Minnotonka regional trail and the Minnotonka River Bluffs regional trail. There's also then the third trail that's coming into Minnetonka next year and that is connecting the Eagle Lake and Maple Grove to Bryant Lake and Een Prairie um connection. It's unusual that they're there. It's it's the same trail, but they're calling it two different names and depending on what section of the trail is, but basically it's at major north south artery between Eden Prairie and Eagle Lakes. So, at a third regional trail in the city and in combination, it's based on data that we've received proving to use millions of users annually. So, there are people from outside of our city around our region that are using these regional trails, our own residents using these regional trails. So the ask is to really make sure we have those connections that really integrate our entire system. And then last is the Opus public space where we're going to create a community level park and open space for visitors, employees, and residents. Uh council, you had a study session last year or in the fall of last year um where staff described this process. We're in the middle of this process. Uh currently uh Mr. Kama and our team here are working through uh engagement on that. Uh we are again estimating uh around $15 million needed for this uh facility. That cost is higher than that. Uh but we feel that with the sales tax would pay roughly half of that uh potential park. Other uh revenue sources to complete the Opus Park area would include park dedication fees and other uh revenue sources within our CIP. A little bit of the estimated timeline. uh if and this really kind of is there's a lot of stuff listed here, a lot of dates listed here. Really the bottom line in showing you this illustration is that is to is to really point out at which time a project could come to fruition. And so if we were to start today with the resolution and we go through the steps that I identified in an earlier slide, really what this illustrates that on the right hand side of this is uh the soonest that we would see any sort of project would be midyear 2029. So this is a almost a three-year type process in the making. Again, a little bit about the sales the resolutions on the lefth hand side is we have option A, which is the full marsh renovation. Uh, as highlighted there, the estimated capital cost of the projects is 116.1 million. Uh, again, that takes into consideration the full renovation that I went through at 35 million. On the right hand side of that is option B, and it just really distinguishes the two differences in those resolutions. The estimated cost of the projects in resolution option B is 97.6 million. The reason it's less is because the it takes into consideration the renovation of the marsh at that 16.5 million. Just to give you a flavor for other jurisdictions with a half cent sales tax in the west metro. Uh as staff, we didn't look at all of the metro cities. I know there's uh cities outside of the metro across greater Minnesota that have sales taxes. other counties do as well. But in terms of just in our area, the city of Bloomington, city of Chanhassen, Edina, Excelsier, Golden Valley, and I'll pause at Golden Valley, it's asterric because they have a one is noted on the right hand side of this. Oops, that is incorrectly noted. It's 1.25%. So, Golden Valley is a real outlier in sales tax. It's 1.25%. Uh, city of Maple Grove just initiated this a couple years ago. Minneapolis, Richfield, and then Rogers. Uh Rogers is a 0.25 cent sales tax. So little slightly less than the other cities. On the right hand side of that, uh again, just want to point out Henipin County, for example, has their own sales tax. Uh in total, 1.65% for sales tax. That's broken down by the stadium tax, county transit, metro housing authority, excuse me, metro area housing, and then the metro area transportation. Uh the state of Minnesota for your uh benefit is currently at 6.875%. Uh when you add in uh Henipin County with the state that for Minnetonka residents today that's 8.525% and with the proposed rate of.5% that would uh for Minnotonka residents be 9.025%. Again this is a staff recommendation. Uh we have two resolutions in your packet for your consideration. Again, four votes are needed and then I will pause there for questions uh from the council. Again, we have staff here that can answer any questions as well. Thank you. >> Thank you, Mr. F Council. Questions? Any questions? Council member Wilbur. Just to clarify, so if we if we pass this and it's it's presented to the legislature, um it's presented as like the all of the regional significant projects that you listed here. Um it's just we're deciding on the the marsh because there's the two different options for the marsh and so two different two different uh amounts. Is that correct, >> Mr. Funk? >> Yeah. Thank you, mayor. Council member Wuburn, that is correct. And so with those resolutions, uh, as I know, those there are the two options. Um, and so what if the council gravitates towards one option, uh, you would approve that this evening. That's the resolution that we would submit to the legislature. And in part of the legislature, again, it's about regional significance. Um, and so if you have questions on regional significance, please ask those. I I know we've talked about them in our study session. uh it's important that we show reason significance and I think the language that you see in the resolution is robust in that nature. That's why those resolutions are over two pages because we're we're highlighting five potential projects with the regional significance pointed out with those projects and that's the um lobbying that we would need to do to the legislature to seek their approval. as you know and again want to reiterate that what tonight's action is doing is preserving that right uh to ask the legislature it's preserving the right to bring this um bring this to the voters at some point because the voters ultimately decide on a sales tax in those cities that I just noted all of those cities had a referendum ask to their voters at a November election and to give you a sense of for Minnetonka they are independently listed did on on the referendum. Uh, tonight isn't about the referendum language. That's we're we're getting ourselves way way almost over our ski tips in that regard. And referendum language because the referendum language would be different than what's noted in the resolution. The purpose of the resolution is for the legislature. If we get to that point of referendum, this would come back to you uh and then we would uh work on what referendum language would look like. the voters then um it's not an all or nothing. Uh it would be five questions to the voters and then the voters could say yes to one of those. They could say yes to five of them or none to all of them. And so uh that's where that public engagement piece comes in later on. >> Thank you, Mr. Funk. Any other questions for Mr. Funk? I just want to um kind of confirm something we talked about earlier, which is, you know, talking about this distinction between option A or option B, it's kind of like the preliminary levy, right? If we set it at a, you know, if we ask for the the um remodel amount on the marsh, we could make a decision at certain steps later to reduce that amount and scale back the project if we decided to do that. Is that right? >> Uh Mayor Shack, that is correct. U very not to be repetitive, but you're absolutely correct that in this resolution, I'll use the word preserves again. It preserves a city's ability to maximize the opportunity. Uh at any point, uh the council can reduce that ask it would be placed on a ballot. So if we got to that point of asking for sales tax dollars for the marsh, yes, the council still could reshape that ask. It just couldn't be greater than the ask in the resolution. >> Thank you, council member Romey. Thank you, Mayor. Um, I actually do have a question kind of riffing off of that. Given those two different amounts, um, would there be any advantage or disadvantage in staff's view? Um, in terms of one or the other, um, I know it's up ultimately up to us and I like the idea that, you know, kind of preserving that ability to go down and and go high on that. Um, you know, it's kind of like doing a home equity loan or something like that really when you're thinking about it. Um, so I'd rather, you know, have the option and not use it than decide we need it and then not have it. But is there a disadvantage in terms of, you know, our working with our our electeds and working with uh the tax committee and so forth in terms of of taking that route? Mr. Funk. >> Uh, thank you, Mayor, Council Member Mey. If I could, I'm going to ask Mr. OD to come forward. I think he's back there. He is. Thank you, Mr. OD. You know, if this is going to get your question, if not, let let me know. I think part of part of these renovations also speak to the future profitability of the marsh. And so some of the investments that are being made in option B, if you will, is um would aid in the future operations of the marsh. I think Mr. Day would be best to speak to that. >> Okay. Thank you. >> Thank you. >> Good evening, mayor and council members. And and as Mike said, yeah, the the two differences really um with option A and B, the difference is a major construction. I think with the higher cost option, we have uh more flexibility. we are uh will have be able to get more program spaces, different program spaces that in turn would allow for uh additional revenue. So yes, there is some benefit. These are very big numbers. I understand that. But uh with the $35 million option, we would get um some new programming spaces and I think that's the biggest one of the biggest pieces of it. >> Thank you, Mr. OD. All right, council. Any more questions? Council member Calver. >> Oh, raise your hand. >> Oh, yeah. I just uh one more quick question as a follow-up and as a comparison. Plymouth recently uh kind of constructed a new community center, city uh city center, and I remember being there. It's a beautiful new space. Um we haven't had any new spaces for decades. Um and can you remind me what the the price tag? I know they got a great deal because it was during CO. Um, but can you remind me what the price tag was for that? I think it was 80 million. I I believe. I just was wondering if I was uh remembering correctly. Mr. Funk. >> Thank you, Mayor. Council member, that's a good question. I I don't remember off the top of my head, but yeah, I think it was in that ballpark, right, of 80 million. >> Um, correct. And I I should note that on that slide that showed cities with current sales taxes, the city of Plymouth is having the same conversation tomorrow night um on a sales tax as well. And so for what that's worth, uh our neighboring city is also discussing the same. Um I don't recall, do you know, Mr. Nelson, what the the sales tax for Plymouth would be going for? >> I do. Madame Mayor, um, council members, it looks like it's probably looks like it's going forward for the Plymouth Ice Center renovation and expansion. Um, the Plymouth Community Center Fieldhouse expansion. So, I don't know if that's the new facility or not. I don't haven't been up in Plymouth in a while. And then a Four Seasons Regional Sports Complex for construction of outdoor recreational amenities and associated improvements. So, looks like about $130 million or so is what they're looking at requesting from the legislature. >> Thank you. And can I ask one more question? >> Go ahead. Yeah, thank you, mayor. Um, I appreciate the indulgence. Just how many other cities are um pursuing local option that we know of? >> Mr. Funk, >> thank you, mayor. Council member Romey, uh, don't have a exact number. What we're hearing outside of the city of Plymouth is about 20 other jurisdictions. >> Thank you, >> Calvert. I don't really have any questions because we have uh studied this issue over time uh more than once and but I uh I just really appreciate the due diligence and um I know that we have some physical hawks in the audience right now and there there are a handful of people in the community that just don't like the idea of us having the marsh. And I will say that I'm going to say this one more time. We bought the marsh for $4.6 million. I think it's 6.7 acres of land along the creek. There had been a longstanding policy in the city to try to acquire land ac uh by the creek to protect the creek. It accomplished that. We had done a space and facilities um recreation and and uh space study that indicated that we were drastically underpooled. We did not have enough lap time. We did not have uh enough pool space for for uh swimming lessons. We got not one pool but two pools. A new pool, a single pool would have cost years ago when the original study was done $25 million. And we got a whole building with two pools, hot tubs, saunas, exercise equipment, exercise rooms, meeting spaces, office space that we also needed to uh find. So, it solved an office space problem. It has a restaurant. it has uh businesses that local vendors uh occupy there. And so it actually um solved many many of our needs for pennies on the dollar. And uh in order to get a maximum return on investment, we need to invest in that facility a little bit. and we would have had to invest um in this building and other buildings as as you can see um anyway. And so um in hearing our discussion about um you know whether to go low or go high and sort of viewing this as sort of the preliminary ask um if we are moving on to comments. I thank you and I apologize and council member Romey must have like ventriloquist dummy her hand up and made it look like you had a question. Yeah, we are gonna we have one person in the audience who's indicated they want to speak. So let's do that first >> and then we'll move on to discussion. I appreciate it. Um so I have a card here. This is um not technically a public hearing but we are going to take comment. Again, we'll limit the comments to 3 minutes. Um, but I have Nancy Bender Kelner here. Um, come on up, Nancy. Hi. Thank you, Mayor and Council. Um, I'm a resident of Minnotonka and, um, uh, I gave my address to the staff member. I provided similar comments uh to uh the mayor and the council members um but I'd like those here and those listening to hear them as well. I'm a small business owner in Minnetonka, owner of a small commercial building for my business in Minnotonka and my husband and I uh are 35 plus year Minnetonka homeowners. Um we're very much against Minnotonka's imposing any sales tax. key reasons. It puts Minnotonka businesses at a competitive disadvantage as it increases the costs of goods and services provided. Um, it imposes an additional burden on Minnotonka businesses to collect and remit the sales tax. There's so many stresses and uh duties placed on businesses today. This only makes it more difficult to operate a business in Minnetonka. It's potentially adversely impacts the value of commercial perhaps residential real estate in Minnetonka. If a potential business owner can purchase a property elsewhere, they might choose to do that. Um, it increases the resident's cost of living. In addition to the above, some of the arguments being put forth in support of a sales tax are not intellectually honest. For example, phrasing the need for a sales tax in order to fund specific capital improvements of regional significance is, in my humble opinion, ridiculous when the primary primary main capital improvement being discussed is the marsh. I understand for some of you the marsh is is very important. Um in my opinion if Minnetonka's ownership of the marsh has become so economically burdensome I realize was purchased great deal at the beginning but now we're talking about putting 64 million into it then I think it should be sold to a private party. Um there's really no requirement that our city own a health club. No need to expand the spa the marsh so it can have a sand floor as is being proposed. Um, and uh, you know, the council was rightfully concerned about a $35,000 charge for a special election. Now we're talking about 35 million. Um, I also think the argument that imposing a sales tax will reduce the real estate tax burden is disingenuous. There's no guarantee of that, particularly if the city takes on additional unnecessary financial obligations. So, thank you very much. Thank you so much uh for hanging in there, Miss Spender Kilmer. All right, I will as as on the previous items just give one more opportunity if anybody in the audience would like to speak as we transition in this new model of taking comments. Come on up and please state your name and address for the record. Madame Mayor and Council, I'm Karen Madson. I live at 17380 Hampton Court. I'm a 33y year um resident. Um I'm an active member of the marsh. Um I appreciate the fire department saving my home and I know that capital improvements are important. I also appreciate that this is a process meeting really and but I I caution you about the numbers that you've had to put out on behalf of the process because it looks like there's not enough focus on managing critical expenses and um I agree with Miss Bender about as a Marsh user the investment that you've outlined at the top level looks excessive. I I swim almost every day there. The pools do need to fix. There's a lot of other things that need to be done to that building. It is a great asset, but I caution you about the amount that you are seeking for all these different um um proposals if you are going to try to convince people to vote for a a sales tax. Thank you. >> Thank you, Miss Matson. Excuse me. Anybody else? All right, I'll bring it back to council now for comments or discussion. Um, you know, we had quite a bit of discussion on this in December at our study session, but this is our opportunity to kind of move this along to the next step if if that's our desire. Council member Calbertt, I guess I'll uh kick it off. So, thank you very much for coming, making your comments, and taking the time to write us with them. And um sometimes you wonder if you're screaming into the wind because I I spent some time at several meetings explaining once again um that we got we got numerous numerous very important community needs met for pennies on the dollar. And we have deferred um some of the most important um capital improvements in this um city because we are mindful of our levy. And um one of the things that I wanted to talk a little bit about that wasn't really covered um in in the discussion so far tonight in the explanations is that um or it wasn't covered deeply is that we had a consultant um they did a survey of businesses and the business community was actually uh the majority of businesses surveyed were in favor which actually I found uh very interesting and and um informative. Um so I think you know if if we move forward and I'm inclined to move forward and I actually am inclined to give us the latitude to start high and work our way down um sharpening our pencils as we go. Um I just think uh because this will require such a robust process which would include a lot of uh community engagement and ultimately um the voters's uh voice would be heard on this matter. Um I don't see the harm in proceeding because people will engage on this issue. people will have very strong opinions on it and al ultimately it is the voters who will decide and so I want to give the voters that option because there are a lot of people that um want the improvements in the marsh. There are a lot of people that um really want to see the improvements um at our fire stations because we are moving from paid on call to a full-time fire staff um because public safety is such a critical part of what the city provides. And um and so um as the wife of a retired uh firefighter and emergency manager um I will say once again I am unapologetic for our investment in public safety and um these improvements to our fire stations will be no exception and I actually because I believe in science and studies. I believe what um our consultant um and the studies show in terms of uh what it would cost residents uh for for our residents for sales tax versus a levy increase. Um and I don't look at this as a blank check. I'd look at this the same as I would, you know, if we were raising the levy that I want to be very mindful of, you know, what what we're investing in and how we're we are investing it. But I want to give us um the maximum um latitude and bring it to the um bring it to the voters. So um I'm inclined to do um option A um simply because it gives us the most the most options for our voters to uh weigh in on. Thank you. Council member Calvert, does anybody have a different perspective or anything they want to add? Council member Kley. Thank you, Mayor. I guess I can say originally I was thinking option B, but after listening to what other council member had stated, um I start to think about um this these options are ultimately if it get approved, it's going to go to the voters. And at that time, um, if it goes to the voters, if we don't need all the money or we decide to do something different, we can always go down. But to miss the opportunity to make sure that we have the most that we we can have, I think would be a disservice to our city. Um, and so I'm also going to go with option A because I think it makes more sense to um not to be able to present that to the voters. So, >> thank you, Council Member Kley. Council member Rome. >> Thank you, Mayor. Um, I don't have a different opinion. I just had uh wanted to um confirm my memory of some additional context. Um, two things that I recall because we have spoken and and discussed this extensively in study sessions and seen lots of materials about it which I don't have at my fingertips but one of the things I do recall is that um there was a study done by the during for the U of M study that showed that um the impact on um the economic impact on our businesses um showed I believe that it would be neg negligible, you know, that that it wouldn't impact sales, that it wouldn't impact that. So, I wanted to confirm that that that's my recollection. So, hopefully that, you know, kind of can u and the fact that we had so many people, so many businesses actually be supportive in our survey of of, you know, kind of imposing this local uh option tax gives me comfort and hopefully maybe um helps other businesses understand it as well. Um and and then uh probably the second piece of context here that we've also been talking about at the same time in parallel as we're talking about these discussions which some some much needed aside from the marsh um you know infrastructure improvements that have to be done. We're in parallel also talking about long-term infrastructure um improvements that we need. We have an older city um and a lot of our water and sewer infrastructure is at the end of its life. And so we're looking at some major major major um investments that are going to have to be made both in the midterm and the long term over the next 50 years but even in the next 20. And so you know we have to be creative and look for ways to be able to finance that because that um amount is going to be almost as much as this amount. So, we have to be thinking and being very mindful of as a council and being very responsible and thinking that infrastructure, we're going to be looking at bonding and long-term levies and and paying that through levies long term. This is the same thing where we're going to have to be looking at these things that are going to be needs for our community in the future. Regardless again what you think of of the marsh, um you know, some of these other things are definitely needs, not you know, debatable wants. Um so I think you know given that um context uh which we all have to be mindful of in terms of our fiduciary responsibilities and our steward stewarding our our public finances. Um I think it's the responsible thing to move forward and explore this opportunity again with a caveat that at the end of the day uh voters will have the final say on this. >> Thank you. Council member Romey. There was a question buried in there. Mr. Funk, did you that was the impact based on the U of M study on the businesses? >> Yeah. U Mayor Shack, Council Member uh Riley, U. Yeah, in that study there did reference the impact of a city having a sales tax compared to another city having a sales tax and what that did to um sales tax revenue generation, which would obviously be sales at a at one of those locations. And the study indicated that there wasn't a a definite line there that you can tell that um having the sales tax in place decreased the amount of sales generated from that from that city. Um granted a lot of those um in this study there are a lot of the cities were outstate areas and so they're more regional type of impacts in the metro area. It's a lot easier to maneuver to another city within the metro area compared to driving you know an hour or more to another another location. But um you still have to make that um decision as well too to to make that move and drive someplace else on that end of it and and they're not necessarily seeing that in the in the data. So >> all right, thank you. Thank you for that confirmation. I appreciate it. >> Thank you, Mr. Nelson. All right. Uh Council Member Foster Bolton. >> No, I just wanted to say to um Miss Bender Kelner, I know you didn't want to be here tonight. Um and I understand how strongly you feel about it. Um, and I I I think we could fill the room with the people that feel strongly about re renovations for the marsh being on the doors, going into places and speaking. I people beg for um us to keep the marsh and to improve. >> Thank you. Well, I will um make just a couple brief comments and I think we're probably at a point where we could make a motion. You know, the the thing the piece on this I I acknowledge. I think that's the most um cumbersome for me is the marsh piece. I think the fire stations and the trail segments um to really are clear-cut in my mind and and there's just no question there that the trail piece of this is probably the number one ask that I get. Um whether it's an email or or via door knockocking or whatever is where is this can't we get this piece of trail finished and and kind of finalize this connection in the city. So, um I think we are at a point this is a process um step and so I agree I'm I'm not bought in 100% on option A in the sense that that is where we will land but I do think we need to have that opportunity. I also think that this is an opportunity for our residents to really weigh in on what they prioritize. I understanding now that this is going to be, you know, five different questions makes it almost easier for me to move it forward because people can really vote based on what what they prioritize as well. So, um I feel pretty good about that. So, I think we're at a point where we can entertain a motion. Council member Calvert. Thank you, Mayor. I would um I'd like to make the motion to adopt resolution option A which includes a full renovation scope for the Marsh Health and Wellness Center. Thank you. Do we have a second? Council member Romey. Thank you, Mayor. I'll second. So, I have a motion for resolution option A by Council Member Calbertt and a second by Council Member Romey. Uh, Miss Kousman, would you please call roll? >> Kelver, >> yes. >> Raley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shaq, >> yes. Motion carries. So, this is just the first step in this and we'll see where it brings us. A lot of unknowns at the legislature, I think, this year as well. So, we've reserved our right to move this forward. All right. Um, hopefully we can cruise through these next items. We're on item 15. 15A as boards and commissions uh reappoints. Mr. Funk. >> Thank you, Mayor and Council. And before we move on, and my apologies not to belabor the last uh discussion item, but I I just want to acknowledge um I think even for the mostly for the public, the listening public and for our residents, these are hard these are hard conversations because we're involving the fiscal management of the city and the fiscal stewardship of the city. staff doesn't take that lightly. I know you as a mayor and council don't take that lightly. And what makes it hard in these conversations is that we have the city has assets and we have very expensive assets. Whether it's the aging infrastructure of our water and sewer pipes that have been referenced, uh our facilities, uh we have significant investments. And so being stewards of the money, uh the taxpayer money and our assets comes down to making some really long-term decisionmaking. And that's what you're doing this evening together with staff and looking at how do we best position this city financially long term? How do we invest in our facilities long term? Those aren't easy decisions because these are big numbers. And so, thank you for your conversation in our study sessions and for tonight. Uh staff will continue to work with council and our community on this process because it is a process and I know that goes without saying and we've talked about that, but thank you for that conversation. It's not easy because with the city budget and with um the city taxpayer dollars um we're do are doing our best to make sure again that we're positioning the city long term. Uh and that's part of this conversation is that long-term view of how do we again best invest in our our assets. So thank you. Uh then with that Mayor Shack uh next item on that agenda as you've noted is item 15A which is board and commission reappointments. Uh there is an action for you this evening which is a motion to approve the reappoints of the Minnetonka boards and commissions. Uh the in the staff report and I'll just go through that really quickly with the current terms uh those are through January 31st of 2026 and with all of our boards and commissions uh we do have um ter generally term limits on most of those boards and commissions. The appointments that you see noted in the staff report is everyone that has been contacted that are eligible for reappoint. Uh the members noted have expressed in serving another term. Uh staff uh recognizes the value and that they bring and their attendance that they bring to these meetings. Staff does recommend the reappoints as noted. Uh Mayor Shaq, I don't know if we don't I don't think we've gone through listing all those names previously because there's a lot of them noted there. Uh it's really kind of signals that um our boards and commissioners are also vested in the city. Um and I think that's significant. We are advertising for a couple appointments uh and those are coming up. And so we really have limited appointments or openings. We have two on I believe two on the park board uh and one on the planning commission if I'm not mistaken. And so again I think again signifies just the vested interests our residents have. So with that, I would staff recommends that you approve the appointments uh as noted in the staff report. >> Thank you, Mr. Funk. Um any comments or questions? Otherwise, I would entertain a motion. Council member Wilburn. I move that we approve the reappoint to the Minnotonka boards and commissions as noted in the staff report. >> Thank you. And council member Calvert. >> Thank you, Mayor. I'll second. We have a motion by council member Wilburn, a second by council member Calbertt. Miss Kuzman, please call role. >> Calbertt, >> yes. >> Rome, >> yes. >> Kley, >> yes. >> Foster Balden, >> yes. >> Wilbur, >> yes. >> Shaq, >> yes. Motion carries. And thank you to those folks who volunteer their time. They get some catered meals. Um, nothing too extravagant for their time. And so we really, really appreciate >> sandwiches. >> Yeah. the work that they put in. Um, okay. 15B, which is council and staff annual appointments. Mr. Funk, you were going to take this one, too. >> Yes. Thank you, uh, mayor and council. The recommended action for tonight is a motion to approve the council appointments on the organizations listed in the packet. Uh, this stems back to the study session on December 15th, 2025. Uh both city council and staff recognized uh different bo uh boards and commissions that we serve on uh and those are noted again in the staff report. I think uh council you've had an opportunity to weigh in on which assignments you're interested in. Uh if something was missed, we would want that um pointed out this evening. So, if there's something in there um that council you feel you want to join, uh please I think staff would uh request that you entertain that here this evening and u certainly recognize that to uh the mayor. Uh staff has gone through those same assignments and so staff has um committed ourselves to those various uh boards and commissions that we'll serve on. So, very quickly, I think that's nothing else to report on that other than uh final action based on earlier conversation. Thank you. >> Excellent. Thank you, Mr. Funk. Um, first I'll just make sure we didn't miss anything or or get something transposed. Is everybody kind of signed up for what they're looking for? I think so. Um, then I would take a motion to approve the council appointments. Council member Foster Bolton. >> I make a motion to approve the council appointments. >> And council member Calvert. >> Thank you, Mayor. I'll second. I have a motion by council member Foster Bolton, a second by council member Calvert. Miss Kuzman, please call roll. >> Kelbert, >> yes. Raley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Shaq, >> yes. Motion carries. Thanks everybody for their willingness to kind of put in some extra time on these things. Appreciate it. All right. Item number 15 C, appointments for the zoning ordinance update workg group. And last one, Mr. Funk, you're going to take this as well. >> Yeah, thank you, Mayor and Council. Uh, as noted in the staff report, there have been some changes to to some folks, and I'll talk about that here in a second. And so, it's really to recognize uh some changes in status. Um and the motion, the recommended motion is to approve the following changes to the zoning ordinance workg group. One, Brad Wearsome to serve as resident. Uh when Brad was our former mayor, uh he served on the work group. Uh with Mr. Wearsome no longer as mayor, the recommendation is to continue to have him on the work group because he's put in uh the effort and he's been part of that work group. So can have him continue serving. however, as a resident. So, it notes him as a resident. Uh, and then I'll skip down to then Rebecca Shack. So, as our new mayor with Mayor Shack serving as mayor to then appoint uh Mayor Shack uh as a council representative to that work group. Currently, uh Dr. Wilburn, Council Member Wilburn also serves on that. And we've had previously Mayor Wham or former mayor Wham and Kimberly Wilburn. And this action would recognize Rebecca Shack or Mayor Shack and at large member Dr. Wilburn. And then with Alex Hansen, uh he was a member of the planning commission. He's no longer on the planning commission because he has turned out and again uh giving his recognition of the time served on this as a planning commission member to appoint Mr. Hansen as a resident after January 31st because his term as planning commission member doesn't expire till then. So, this recommend So, this uh action takes um into account that date. So, with that, mayor and council, turn it back over to you for questions uh or action. >> Thank you, Mr. Funk. Any questions or comments about this? Pretty straightforward. Council member Keelbert. Thank you, Mayor. I don't really have any questions. I will just once again let um people in the audience know that we did have a chance to sort of review this situation um in study session and so this is not the first time we've looked at it and um I think especially when we're talking about something like zoning ordinance uh workg groupoup um it would be a grievous blow to lose the 23 years of city experience uh of uh Mayor Ammeritus uh Wearsome or our long-standing um uh soon to be former planning commissioner Alex Hansen. And of course um it's very important to have the mayor on the uh on a workg group like that. So to have Mayor Sha um serving as our council representative, I think it all of this makes a whole lot of sense to me. Right. Do you want to make the motion? >> Sure. Um uh I will uh I make the motion uh to I move approval of the um zoning ordinance workg groupoup appointments of Brad Wearsome, Alex Hansen, Rebecca Shack. Thank you. And I would take uh Council Member Romey. I'll second. Thank you. We have a motion by Council Member Calvert, a second by Council Member Romey. Miss Kuzzman, please call roll. >> Calvert. >> Yes. >> Rome. Yes. >> Kley. >> Yes. >> Foster Balden. >> Yes. >> Wilburn. >> Yes. >> Shack. >> Yes. Motion carries. All right. On to item number 16, which is adjournment. Do are we going to keep the trend or what are we going to do? >> Okay. Council member Wilburn. >> I move adjournment. >> And Council Member Galbert. >> I'll second. >> We have a motion by Council Member Wilburn, a second by Council Member Calbert. All in favor say I. >> I. >> We are adjourned. Thank you everybody. Okay. And but we have an EDA meeting so it's going to be quick. Don't go away more. >> Yes. >> Okay. So I will um thank you everybody for coming. I will call this meeting to order. It is the January 12th, 2026 um meeting of the Economic Development Authority and uh Miss Kuzzman, would you please call roll? >> Foster Bolton >> here. >> Wilbur >> here. >> Calbert here. >> Here, Kley >> here. >> Shaq >> here. All right. Item number two is approval of the agenda. Miss Wishnack, anything? >> No changes. Mayor. >> All right. or president, sorry. Thank you, Council Member Cal or Commissioner Calbertt. >> Thank you, Madame President. I move approval of the agenda. Commissioner Foster Bolton. >> I'll second. >> We have a motion by Commissioner Calvert, second by Commissioner Foster Bolton. Miss Kuzman, please call roll. >> Foster Bolton >> here. I mean, yes. [clears throat] [laughter] >> Wilbur, >> yes. >> Calvert, >> yes. >> Raley, >> yes. >> Kley, >> yes. Shaq. Yes. Motion carries. Item number four is approval of the minutes. And we have one 4A, the December 8th, 2025 EDA minutes. Commissioner Calbertt. Thank you, Madam President. I move approval of the December 8th, 2025 EDA meeting minutes. And Commissioner Kley, I'll second. Thank you. We have a motion by Commissioner Calvert, a second by Commissioner Kley. Uh, Miss Kuzzman, please call roll. >> Foster Bolton, >> yes. >> Wilburn, >> yes. >> Kelver, >> yes. >> Raley, >> yes. >> Kley, >> yes. >> Shaq, >> yes. Motion carries. 5A is um our one business item and that is the 2026 election of EDA officers. Miss Wishnack. >> Thank you. Uh, President and Commissioners, uh, this is just a formal action you take every January, so it's nothing new to you. You have your election of officers in the resolution, but you also have your bylaws. So, both are laid out for you. I would say the only thing that needs attention, the president uh is obviously the person who holds the mayor seat, which is you, President Shaq. Vice president is uh uh Commissioner Foster Bolton. And then there has to be a treasurer uh appointed. So, we don't have a name for that. Don't forget though uh Mr. Nelson is the assistant treasurer. So he is performing the duties of treasurer. The secretary is the city clerk and then the executive director is the city manager uh which in this case is Mr. Funk. So with that uh mayor you just have to identify the one person on the treasurer and then you should be good to go on passing the resolution. Thank you. Thank you Miss Wishnack. I would suggest that we just keep it simple and we go with the alternate acting mayor of Commissioner Romey if that's okay. Um, okay. I've never seen anybody have to do anything related to this. So, if [laughter] that's any gives you any peace of mind. Thank you, Mr. Nelson. [laughter] All right. Um, any questions or comments or alternative suggestions? >> [snorts] >> Okay. Not seeing any. I would take a motion. Commissioner Calbertt. Thank you, Madam President. I move uh adoption of the resolution electing the officers for the 2026 EDA, including um Commissioner Rome as treasurer. Thank you. And Commissioner Foster Bolton. >> I second. I have a motion from Commissioner Celver, second from Commissioner Foster Bolton. Miss Kuzman, please call roll. Foster Bolton, >> yes. >> Wilburn, >> yes. >> Calvert, >> yes. >> Raley, >> yes. >> Kley, >> yes. >> Shack, >> yes. Motion carries. Thank you. Item six, adjournment. >> I move adjournment. >> Motion by uh Commissioner Wilurn. >> I'll second. >> Second by Commissioner Calbert. All in favor? >> I. We are adjourned. Thank you everybody for [applause and cheering] >> your assistance [laughter] tonight. >> Well done. >> [music]