2021-11-23 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
November 23, 2021
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, November 23, 2021 at 7:00 p.m. in the Council Chambers in the Centennial Building.
Members present: Mayor Ray Salazar; Council members Phil Velsor, Paula Larson, Sherrie
Pugh, and Jason Holt
Members absent: None
Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, Community Development
Director Sarah Smith, City Planner Rita Trapp, City Engineer Brian Simmons, City Attorney
Jason Hill, City Building Official Scott Qualle, Michael Mahoney, Dara Lifson, Carey Lifson,
Steve Shoop, Nancy Rigelhof and Mohamed Hassan.
Consent agenda: All items listed under the Consent Agenda are considered to be routine in
nature by the Council. There will be no separate discussion on these items unless a
Councilmember or citizen so requests, in which event it will be removed from the Consent
Agenda and considered in normal sequence.
1. Open meeting
Mayor Salazar called the meeting to order at 7:01 p.m.
2 Pledae of Alleaiance
3. Approve agenda
MOTION by Velsor, seconded by Holt, to approve the agenda. All voted in favor. Motion
4. Consent agenda
MOTION by Larson, seconded by Pugh, to approve the consent agenda. Upon roll call vote, all
voted in favor. Motion carried.
A. Approve payment of claims in the amount of $310,469.38.
B. Approve minutes: 11-09-21 regular meeting
C. RESOLUTION NO. 21-114: RESOLUTION APPROVING PUBLIC LANDS PERMIT TO
MODIFY STRUCTURE ON DEVON COMMONS ADJACENT TO 4717 ISLAND VIEW
DRIVE AND TO AUTHORIIZE IMPROVEMENTS AS PROVIDED BY CITY CODESEC.
19-35 (b) (5) RELATED TO NONCONFORMING USES
D. RESOLUTION NO. 21-115: RESOLUTON APPROVING CONTRACT AMENDMENT
FOR INSPECTION SERVICES
E. RESOLUTION NO. 21-116: RESOLUTION APPROVING REQUEST FROM EGYPTIAN
PARROT PET STORE FOR SUBSTANTIAL USE DETERMINATION FOR PROPOSED
PET STORE/RESCUE IN TENANT SPACE IN THE COMMERCE PLACE SHOPPING
CENTER LOCATED AT 2200-2238 COMMERCE BOULEVARD
Mound City Council Minutes — November 23, 2021
F. Approve final, closeout pay request in the amount of $6,212.95 to Kusske Const.
For the 2019 Street and Utility Improvement Project (Sherwood), PW 19-01
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Planning Case 21-16
Public Hearing- proposed amendments to City Code Chapter 129 (Zoning Ordinance) related to
rezoning of properties at 5084 and 5098 Three Points Boulevard from B-2 neighborhood business to
mixed use• also consideration and action on proposed comprehensive plan amendment to reguide
properties at 5084 and 5098 Three Points Boulevard from residential to mixed use
Smith said the proposed amendments to City Code Chapter 129 (Zoning Ordinance)
relate to rezoning of properties at 5084 and 5098 Three Points Boulevard from B-2
neighborhood business to mixed use and a related comprehensive plan amendment to reguide
properties at 5084 and 5098 Three Points Boulevard from residential to mixed use.
Trapp presented and overview of the request and said the properties are zoned medium density
residential neighborhood commercial. Trapp said this is currently the B-3 district and the
amendment would be to change the affected properties to mixed use, MU-D and MU-C districts.
Trapp said the property owner of 5084 Three Points asked for a reconsideration of the original
proposal of residential. Trapp said the Planning Commission (PC) held a public hearing on the
request and the PC recommended staff to reconsider the properties as mixed use versus
residential.
Trapp said the properties have both residential and commercial uses on the property and the
mixed use classification supports a variety of uses with the idea of providing flexibility to the
owner as well as what the market deems appropriate. Trapp said the current use can continue
and future use could be either commercial or residential with the MU-C district, which is
intended for areas adjacent to residential and to be somewhat lower in intensity. Trapp said any
redevelopment would need to follow MU-C standards
Trapp said the PC met on September 7, October 5, and November 16 to address the rezoning
request and the 2040 Comprehensive Plan amendment. Trapp said the PC voted 6-2 to
recommend adoption.
Trapp said the Council is asked to consider adoption of the rezoning and Comprehensive Plan
amendment, noting it would then be submitted to the Met Council for administrative review and
approval.
Velsor asked if the property is currently zoned neighborhood business district and the original
proposal was for medium density residential. Trapp said yes, noting one of the property owners
didn't want the medium density residential district.
Salazar opened the Public Hearing at 7:12 pm and upon receiving no comment, closed the
Public Hearing.
Requested Actions
A. Approve Ordinance Amending the City of Mound Official Zoning Map to Change
Mound City Council Minutes — November 23, 2021
the Zoning District for 5084 Three Points Boulevard and 5098 Three Points Boulevard
from B-3 Neighborhood Business District to MU-C Mixed Use -Corridor District
MOTION by Holt, seconded by Velsor, to approve the following ordinance. All voted in favor. Motion
carried.
ORDINANCE NO. 13-2021 AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP TO
CHANGE THE ZONING DISTRICT FOR 5098 THREE POINTS BOULEVARD AND 5084
THREE PINTS BOULDEVARD FROM B-3 NEIGHBORHOOD BUSINESS DISTRICT
TO MU-C MIXED USE —CORRIDOR DISTRICT
B. Approve Resolution Approving Amendment to 2040 Comprehensive Plan to
reguide properties at 5084 and 5098 Three Points Boulevard from medium density
residential to mixed use and authorizing submittal of the Comprehensive Plan
Amendment to the Metropolitan Council
MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21:117 RESOLUTION APPROVING AMENDMENT TO 2040
COMPREHENSIVE PLAN TO REGUIDE PROPERTIES AT 5084 THREE POINTS
BOULEVARD AND 5098 THREE POINTS BOULEVARD FROM MEDIUM DENSITY
RESIDENTIAL TO MIXED USE AND AUTHORIZING SUBMITTAL OF THE
COMPREHENSIVE PLAN AMENDMENT TO THE METROPOLITAN COUNCIL
PLANNING CASE NO. 21-16
7. Planning Case 21-11
Public Hearing- proposed amendment to Code Chapter 42 (Nuisances) related to lighting and
Ig are
Smith addressed the Council with an overview of the proposed Chapter 42 code amendment. Smith
said the Council discussed this type of nuisance at a July meeting and directed staff to prepare an
amendment addressing issues of neighborhood nuisances related to lighting and glare. Smith said that
although the Nuisance Ordinance is Chapter 42 of the City Code and not a zoning matter, the City
Attorney recommended this amendment be considered at a public hearing as a zoning amendment
would require. Smith said the public hearing requirements regarding public noticing have been
completed.
Smith said lighting and glare is currently in the Zoning Code section 129-318 which evaluates glare and
sets the standards for lighting and this code amendment adds language to the Nuisance Code to cover
and identify conditions which create a nuisance. Smith said the City Field Officer will be able to
address glare conditions through the Nuisance code and if matters aren't resolved through those
efforts, they can be handled by the City's prosecuting attorney for compliance review.
Smith said that the suggested changes to Chapter 42 were reviewed by the PC in October and the PC
recommended approval at that meeting.
Velsor asked if a violation is a misdemeanor and enforceable and if the neighbors in this type of
situation could get resolution to their concerns. Smith said the City would follow the legal proceedings
Mound City Council Minutes — November 23, 2021
as with other ordinance violations. Hoversten said yes but this would be a slow step by step process
and a misdemeanor would need to go through court processes.
Salazar said the hope is if a resident is asked to shroud or dim glare and bright lighting they will comply
or the City can go through the nuisance enforcement process.
Salazar opened the public hearing at 7:22 pm and upon receiving no comment, closed the public
hearing.
MOTION by Holt, seconded by Velsor, to approve the following ordinance. All voted in favor. Motion
carried.
ORDINANCE NO. 14-2021 AN ORDINANCE AMENDING CHAPTER 42 OF THE MOUND CITY
CODE REGARDING PUBLIC NUISANCES AFFECTING PEACE AND SAFETY
8. Discussion/consideration on request from property owners at 5395 Baywood Shores to
name channel/public water in subdivision of "Replat of Harrisons Shore"
Smith presented the request for review, discussion and action regarding the inquiry from Dara and
Carey Lifson, the property owners of 5395 Baywood Shores, to name the channel in their sub -division
adjacent to Harrisons Bay. Smith said the request of the Lifson's is made in cooperation with the MN
DNR and Hennepin County Commissioners as naming waterways isn't in the purview of the City.
Smith said the MN DNR has made a request for the City Council to formally consider the application for
the name change of the channel.
Smith said notice of the naming of the channel must have at least 15 qualified petitioners who live in
Hennepin County in order for the County to hold a public hearing on the matter. Smith said there was a
mailed notice to all property owners in the Replat of Harrison Shores subdivision 10 days in advance of
this meeting. Smith said there were three inquiries from residents who were wondering what the
process would be of the naming and to learn a little more. Smith said the Lifson's would like to name
the channel "Gold's Cove." Smith said the purpose of the resolution is to show the County the Council
has considered the request.
Carey and Dara Lifson, 5395 Baywood Shores, addressed the Council with their request which is
intended to honor Carey's grandparents who have passed away. Dara Lifson said Carey's
grandparents assisted in the original dredging out the channel in the 1970's. The Lifson's explained
that originally there wasn't a road to the site and when their grandparents first built the house, they had
to get there by boat. Lifson said the Channel was narrow at the time and the subdivision developer
approached his grandfather who donated land to make way for the channel to be fully accessible.
Lifson said he spent quite a bit of his youth with his grandfather at the house, on the lake and in Mound.
Pugh suggested the Lifson's give their story to the Mound Westonka Historical Society.
Hoversten read a letter of support of the naming proposal by Mound resident Kellie Gillispie Coen.
MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21:118 RESOLUTION AUTHORIZING SUBMITTAL OF PROPERTY
OWNER REQUEST TO NAME THE CHANNEL/PUBLIC WATER ADJACENT TO THEIR
PROPERTY AT 5395 BAYWOOD SHORES DRIVE TO THE MNDNR AND HENNEPIN
Mound City Council Minutes — November 23, 2021
COUNTY BOARD OF COMMISSIONERS TO COMMENCE THE FORMAL PROCESS IN
MINNESOTA STATUES 83A.02 — 83A.07
9. Property owner at 2396 Commerce Blvd requesting discussion and approval of the
First Amendment to the Restoration Agreement for 2396 Commerce Blvd
Michael Mahoney, 125 Lake Street W., Wayzata, stated he is the lawyer for James Lang who
owns the property at 2396 Commerce. Mahoney handed out a document regarding the
renovation of 2396 Commerce and stated he is here to discuss the resolution to demolish the
building and the progress which has been made on the restoration agreement. Mahoney said
that Phase 1, the cleanup and debris removal has been completed, Phase 2, the removal of the
back of the building has been completed; and Phase 3 which is to address the 38 items listed by
City Building Official, is taking longer than expected as they required architectural plans and
specs. Mahoney said the building is weather tight and the interior and exterior work will be
completed.
Mahoney said he spoke to City Attorney Jason Hill about supply chain and worker issues which
slowed down progress and discussed the amount of extra time needed to complete the
restoration agreement. Mahoney said the doors and remaining parts of the windows should
arrive next week. Mahoney said there are also labor supply issues. Mahoney said many of the
items are scheduled to arrive the second week of December and some of the items need to be
replaced due to cost increases caused by supply chain issues.
Mahoney said he is requesting to extend the timeline for Phase 3 with regard to the interior
restoration of the building. Mahoney said some interior work has been done such as removing
the concrete basins which weighed on the floor. Mahoney said the structural engineer and
architect have informed Mahoney that they will need 45 more days to complete the interior work
and Mahoney requests an extension for 90 days which would require only modifying the last
paragraph of the restoration agreement which is the time line for project completion.
Salazar said the Council is familiar with the project and have the recommendation from the City
Attorney to work with staff and the property owner on the extension of the restoration
agreement.
MOTION by Salazar, seconded by Velsor, to direct staff to work with the City Attorney to
develop an extension that is acceptable to both parties, at the guidance of the City Attorney and
City staff. Larson, Velsor, Pugh and Salazar voted in favor. Holt voted against. Motion carried.
10. City Engineer Brian Simmons providing presentation of 2022 Public Works Project
Feasibility Reports and action to approve Resolutions accepting studies and ordering
plans and specifications for:
A. 2022 Lynwood Watermain Replacement (Ph2) PW 22-01
Simmons presented the two capital improvement projects (CIP) which have been started early
to take advantage of the bidding window in 2022. Simmons said the work is progressing to
Phase 2 which extends to the east underneath the County Road/Lynwood Blvd. Simmons
noted Hennepin County is planning a pavement improvement project and this project will
incorporate trenchless construction so watermains do not have to be dug up. Simmons said
Phase 2 will be paid for through the water fund and not through assessment at an estimated
cost of $520K.
Mound City Council Minutes — November 23, 2021
Simmons presented the schedule for the work including: engineering study in November of
2021, bid opening in February 2022, contract award in March, and construction from May to
July.
Holt asked how supply chain issues and inflation may affect the pricing. Simmons said it has
affected costs but the trenchless technology is focused on smaller diameter pipes which have
shown to get better pricing. Simmons added that starting early in the bidding season and giving
the bidders a longer window for supply will hopefully be a cost advantage to them.
MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21-119: RESOLUTION RECEIVING REPORT AND AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR LYNWOOD WATERMAIN IMPROVEMENT PHASE 2: BIRCH TO
SOUTHVIEW
B. 2022 Lift Station Replacement Project PW 22-03
Simmons said the lift station replacement project is located at the west end of Island View Drive.
Simmons said this is one of 30 sanitary sewer lift stations within the City, 23 of which have been
reconstructed to date. Simmons said the CIP calls for one lift station improvement per year over
the next seven years.
Simmons said there is a need for the replacement of the entire structure itself which includes
the forcemain, new pumps, a new control panel, SCADA and a natural gas backup generator.
Simmons said the schedule is intended to allow the City to be ahead of the curve regarding
bidding this spring. Simmons said the estimated cost of the project is $516K.
Salazar asked if the street will need to be disturbed by the project which Simmons said the
intention is to stay away from the street.
Velsor asked where the forcemain line is located and Simmons said the line goes through the
ROW to meet the Roxbury line. Velsor asked how the project costs compare to previous
projects. Simmons said there was no forcemain line in the previous project which is why costs
were around $400K. Hoversten said project is within the long-range financial models of the
City.
Salazar said the City takes care of its infrastructure needs and is committed to doing the right
thing. Salazar said the water rates in the City are a little higher than other cities due to meeting
utility reconstruction costs. Salazar said the City has been proactive in meeting ongoing needs
instead of waiting for a break in a line and then being forced to repair the break.
MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21:120 RESOLUTION RECEIVING REPORT AND AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR THE 2022 LIFT STATION IMPROVEMENTS PROJECT
Mound City Council Minutes — November 23, 2021
11. Information/Miscellaneous
A. Comments/reports from Council members/City Manager: Salazar mentioned the tree
lighting festival and said it was an honor to light the Christmas tree and the event was a lot of
fun. Salazar thanked the Fire Department for the use of the Mound Fire Truck, the Orono Police
Department and the many volunteers who helped out.
Salazar wished everyone a happy Thanksgiving.
Hoversten said the Westonka Food Shelf Thanksgiving Dinner will be held at the American
Legion with volunteers able to sign up with Westonka Food Shelf to share in a community meal
on Thanksgiving from Noon to 4:00 p.m.
Hoversten said the next and last Council meeting of the year is on December 141h which will
focus on the 2022 budget and levy and other items. Hoversten mentioned the Council
photograph is scheduled for 6:30 on the 14th. Hoversten said the Dec 28th City Council meeting
is canceled and noted City Hall will be closed November 24 & 25 and December 24 & 25.
Hoversten winter parking is in effect and noted the Orono Police Department will write tickets if it
snows.
Salazar said the reporter from the Laker, Elizabeth Hustad, took another job in South Carolina.
Velsor asked about the Fire Department October report and the accident near Al & Alma's, and
asked what can be done about the leaning and damaged power poles on Tuxedo Blvd.
Hoversten said Xcel is prompt to repair but other agencies are a little less responsive.
Salazar mentioned the City monument isn't quite finished yet but hopefully will be in place for a
long time. Salazar thanked the Council sub -committee's work on the project.
Holt mentioned the agenda item regarding the article on Municipal Liquor Stores and
congratulated Ron Gust and his staff for the great job being the #3 Muni in the state.
B. Reports: Fire Department —October 2021
C. Minutes: Parks and Open Spaces Commission 06-10-21
Parks and Open Spaces Commission 08-10-21
Planning Commission 10-05-21
D. Correspondence: MSP Business Journal Nov 2021 Article on Munis
10. Adjourn
ACTION by Velsor, seconded by Larson, to adjourn at 8:18 p.m. All voted in favor. Motion
carried.
Mayor Raymond J. Salazar
Attest 'Kevin Kelly, Cler