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2022-04-12 CC Meeting MinutesMOUND CITY COUNCIL MINUTES April 12, 2022 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 12, 2022 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Ray Salazar; Council Members, Paula Larson, Sherrie Pugh, Phil Velsor and Jason Holt Members absent: None Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, City Planner Rita Trapp, Community Development Director Sarah Smith, City Building Official Tracy Reiman, City Attorney Jason Hill, Mike & Nancy Myers, Joe Bruns, Jason Zattler, Jim Ebsen, Jane Lynn, Tom & Cindy Notch, Jerry Ricke, Rhonda Eurich, Claudia Lacy, Kathleen Marie, Brian Farrell, Nichole Kelley, Jeffrey Wrede, Jeff Flattum, Andrew Miller, Marc Doepner-Hove, Ann Eberhart, Dan Larson, Courtney McCabe, Rachel Iversen, Ginger Skaja, James Gountanis, Bruce Stillman, Nancy Paulson, Crystal Johnson, Patrick Sarver, Jerry Jerome, Betsy Brady, Johann Chemin, Anna Peters, Michael Border, Michelle Herrick, Chad Zejdlik, Anna Schmidt, Sharon Rosengren, Brad Rosengren, Paul Meisel, Peter Coyle, Holly Thumann, Brian Tramonte, Ross Olin, Kathy Timberg-McEnany, Nathan Horne, Carol Franck, Becky Kennedy, Mary Davis, Scott Gates, Mark Bradley, Kassie Ricke, Wanda Sigurdson, Judith Morrison, Doug Dahm, Tish Crane, Helen Canning, Katye Miller, Dan Saatzer, Margie Saatzer, Peter Meyer. 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 7:02 p.m. 2. Pledae of Alleqiance 3. Approve agenda Hoversten noted the following additions/corrections: Item 4D date change to April 23, Item 4F, the address should read 3053 Brighton Blvd. and additional pages 800.1 through 800.7 of public comment. MOTION by Velsor, seconded by Pugh, to approve the amended agenda. All voted in favor. Motion 4. Consent agenda MOTION by Larson, seconded by Velsor, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $401,491.60. B. Approve minutes: 03-22-22 regular meeting C. Approve minutes: 02-15-22 special meeting Mound City Council Minutes — April 12, 2022 D. RESOLUTION NO. 22-28: RESOLUTION APPROVING PUBLIC GATHERING PERMIT FOR COMMUNTIY AND PARKS CLEAN UP AND USE OF SURFSIDE PARK AND BEACH BY ABRACADABRA ENVIRONMENTAL SERVICES ON APRIL 23, 2022 AND REDUCING FEES DUE TO PUBLIC PURPOSE OF GATHERING E. RESOLUTION NO. 22-29: RESOLUTION APPROVING PUBLIC GATHERING PERMIT FOR FAMILY FUN DAY AND FUNDRAISER FOR ISLAND PARK VILLAGE HALL REUSE AND RENOVATION PROJECT AND USE OF SWENSON PARK ON SATURDAY, MAY 21, 2022 AND WAIVING FEES DUE TO PUBLIC PURPOSE OF GATHERING F. RESOLUTION 22-30: RESOLUTION APPROVING RESTORATION/REMOVAL AGREEMENT WITH REGARD TO THE HAZARDOUS BUILDING LOCATED AT 3053 BRIGHTON BOULEVARD G. RESOLUTION 22-31: RESOLUTION APPROVING VARIANCE AND EXPANSION PERMIT AT 6041 RIGDEWOOD ROAD 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Planning Case No. 21-18 - continued from February 8, 2022 meeting Consideration/action on revised plans for "Northland Mound" development applications from Northland Real Estate Group for Northland Mound project involving property generally located southwest of the intersection of Commerce Boulevard and the Dakota Rail Regional Trail on the eastern shore of Lake Langdon and undeveloped street right of ways Trapp presented the updated request from the applicant for the Northland Mound project. Trapp said the applicant is seeking a major subdivision preliminary plat, a CUP for Planned Development Area in a shoreland area, a vacation of Right of Way, a Public Lands Permit, site development plans and a determination of consistency with the 2040 Comprehensive Plan (Comp Plan). Trapp said the site is located at the intersection of Commerce Blvd. and the Dakota Rail Regional Trial crossing and the applicant is proposing a revised project which reflects the direction the City Council provided at the February 8th Council Meeting. Trapp said an 83-unit plan is a reduction from the original 104 units, mostly 2-bedroom units. Trapp said additional new ground level walkout units were added to the rear of the building. Trapp said the height of the building is reduced from four to three stories and the parking stalls were reduced to 124 from 127, noting the number of stalls per unit increased. Trapp said there is a revised traffic and parking plan which includes a change to the entrance area with straight in parking replacing the parallel parking. Trapp added the easement area will be increased to a 28 feet wide driving area, with added stop signs and landscaped islands. Trapp said the north entrance to the site remains essentially the same but with directional signage, noting the applicant added a diagram on traffic and parking which shows added curb and gutter and the traffic exit plan. Trapp said notices of the revised plans were mailed to properties within 350 feet, were sent via email to those on the City Council and Planning Commission email lists and added to the City website. Trapp added the public comments and petitions were included in the council packet Mound City Council Minutes —April 12, 2022 and additional comments received after the packet was printed until 6:30 tonight were presented to the Council and added to agenda. Trapp said there was only one agency comment from Hennepin County which were seeking to reduce access points on Commerce Blvd. but were generally supportive of the improvements proposed. Trapp said staff are seeking Council direction on what resolutions to prepare for consideration at a subsequent City Council meeting. Salazar said in February the Council reviewed the proposal from Northland and gave the applicant the directive to reduce the size of the project and the building, to improve the parking and work out the ingress and egress to the site with the three primary property owners. Salazar read from page 763 of the agenda packet stating the revised traffic plan must include expressed concurrence from the respective adjacent property owners, Our Lady of the Lake Church (OLL), Paddle North (the easement owner) and Northland Mound. Salazar said the plan was expected to be coordinated between all three property owners and the applicant has only obtained support from one adjacent owner, not both. Velsor asked if the power lines at the site are outside of the green space and Hoversten said they were outside and run adjacent to the Dakota Trail and are permitted within the Dakota Rail property. Salazar said Council Member Larson has recused herself from council review of the project Brian Farrell, 3106 Priests Lane, addressed the Council and said he appreciated the Council allowing him to modify his existing application. Farrell noted Northland's revised plan removed the top floor to be a three-story property in line with other commercial property in the Lake Langdon area. Farrell said this reduction was 33,000 square feet of building. Farrell said this revised project is compatible to other projects of similar size in the Lake Minnetonka area. Farrell said the proposal reduces the project by 21 units, or 20%, which then will reduce traffic impact in the area. Farrell added their traffic study showed that morning peak traffic will be reduced to 24 outbound trips using industry wide data standards. Farrell said the parking ratio of stalls per unit is now 1.5, up from 1.2 in the original proposal. Farrell added that industry standards showed that 92 total stalls would meet industry standards for parking. Farrell said he has signed an attestation that there will be no affordable housing at this site nor is there an intent to apply for subsidized housing programs or grants. Farrell said the rent proposed for the building will be from $1,50042,500 which would not support those type of programs or income brackets. Farrell said he did sit down with Paddle North and OLL and proposed a revised traffic plan which removed the parallel parking and widened the lane from 21 to 28 feet. Farrell said this meeting and subsequent plan drastically improves the traffic flow and pedestrian interaction in the area. Patrick Sarver was the lead from the design team, Civil Site Group. Patrick Sarver addressed the Council by saying they worked hard on improving the circulation of the traffic in the easement area without negatively impacting those areas and made suggestions to OLL to improve their parking area outside of the easement area. Farrell said the project helps to stabilize and grow local businesses by providing new customers, noting he has heard from 30 plus businesses and not one said it wouldn't be good for their business. Farrell then handed out letters of support from local businesses to the Council. Mound City Council Minutes —April 12, 2022 Farrell said there were a few other businesses which did not want to take a public stance due to potentially alienating/losing customers in spite of being in favor of the project. Farrell added the project doesn't remove any existing businesses and will provide $300K in tax revenue to the City to help with deferred capital projects. Farrell said this project will provide a less maintenance intensive lifestyle to Mound residents seeking this type of product. Farrell said this type of product doesn't exist in town and will attract new residents to Mound who will eventually become customers, employees and friends. Peter Coyle, attorney from Larkin Hoffman, which represents Northland, said the City is in control of the rules of development in the City and applicants must meet to the best of their ability those rules and it is also an element of the City to base its decision on the facts of the record and with the development plan. Coyle added that the communication, staff report, engineering analysis and other relevant facts need to be taken into account when doing standards -based decision making. Coyle said that absent a specific, factual basis for denial, under state law if an applicant meets standards, the City must identify in the record specific facts that support their conclusion. Coyle added it is important to know that neighborhood opposition by itself is not a fact and is not a legally supportive fact in making a determination and cautioned the Council that while he understands that OLL may oppose the project, this is not a fact to base a decision. Coyle said Northland Mound has made substantial changes to the project at the request of the Council and Farrell has gone out of his way regarding parking and traffic changes. Coyle said Northland Mound has easements which entitle Northland to improve traffic and parking in the easement with the obligation to pay the cost of these improvements to the area. Salazar asked Farrell if he visited with the adjacent property owners which Farrell said yes and Salazar asked if Paddle North is in favor of the proposed traffic plan which Farrell said they were conditionally in favor if Northland made the improvements. Salazar then asked about OLL and Farrell said OLL is not in favor of the size of the project and said OLL appreciated Northland's parking and traffic suggestions. Salazar said OLL did not want to make changes to its property and objected to the size of the project and safety. Salazar said there were comments in the meeting minutes on pages 787 and 790 in which John Biglow and Father Peter Richards from OLL expressed their concerns about the project. Farrell said they made a good faith effort to make dramatic improvements to improve safey and if OLL chooses to not make their area safer it is their property. Farrell said Northland has full rights to improve the easement and it is our responsibility to do so. Salazar read from page 790 of the meeting minutes which included John Biglow's comments that the size of the project causes a safety concern for children regarding the traffic and parking at the already crowded area. Salazar continued to read that there is concern the south entrance into the easement area would become a cut -through with safety as a main concern and there is a concern for students attending the school and senior citizens attending church and other activities. Salazar said these were the same concerns made by Father Peter Richards on page 787. Salazar said that life has taught me that there are three areas one should not touch which affect our children, our churches and our schools with all three are affected by the project. Farrell said Mound City Council Minutes —April 12, 2022 the plan would improve the current situation and he said he suggested speed bumps to slow people down. Salazar read again John Biglow's comments how the size of the project would affect safety. Salazar said the proposed curbing, signage and other changes will increase traffic and is a concern across the OLL parish. Salazar said there was a public hearing in which citizens had the opportunity to express themselves at previous meetings. Salazar said this isn't a formal public hearing but the Council is always willing to listen and serve the public as they are who voted for us and are our citizens. Salazar said there will be ground rules of one visit per person and to please stay on facts. Salazar asked that speakers stick to the 3-minute timer as this is an emotional issue. Salazar asked that speakers not talk hearsay but only real facts and no name calling or lofty accusations or denigrations. Public comments began Jason Zattler, owner of 2345 Commerce Blvd.Miser Insurance, St. Bonifacius resident, presented a petition he said is signed by business owners who are against the development mainly because of safety, noting he is opposed to the 83-unit apartment building but is not opposed to apartments in general. Zattler said what is not discussed by the City Council is all the other changes which have been approved which will affect traffic, pedestrian and citizen safety. Zattler said no one has spoken about the 50-unit Artessa development and the closure of Auditors Road and what the affects will be to pedestrian and traffic safety and the current traffic congestion. Zattler said adding an 83-unit market rate apartment in a very busy area will lead to more traffic congestion and impact the safety of children, church goers and business customers using the crosswalk across Commerce Blvd. Zattler added that the proposed development will bring more crime, additional policing and snow removal issues. Zattler said the Council is ignoring citizens' concerns and is elected by and for the people and safety is written into the city mission statement. Zattler added that the Council has a responsibility to the businesses and people already in town and to not ignore the business owners who are citizens who oppose the project, stating your job is crystal clear which is to vote no. Bruce Stillman, 5424 Shoreline Drive and 6200 Westedge Blvd., said the building isn't right and he is willing to work with the developers on creating a three -building design which would fit much better and be a more interesting, appealing development. Stillman said the aesthetics of the building could be better and there is not enough parking. Johann Chemin, 6039 Beachwood Road, said the attorney for Northland brought a threatening tone to the meeting. Chemin said the builder has decided to push its way through. Chemin said is 80 units too big? Salazar said that is what the Council is trying to determine. Chemin said there is no integration with future solar energy needs and page 46 of the Comp Plan. Chemin said the design has a flat roof which is available for solar panels. Chemin added there is no design for electric car charging stations and the development deviates from the Comp Plan. Chemin said the view of building design from the Dakota trail makes it look like a prison or a brick wall which also deviates from the Comp Plan and would kill the peacefulness of Mound. Chemin said the traffic in and out and parking are a concern and he doubts there is enough parking spaces for 80 units. Chemin said he bikes on the trail with his kids and it is not safe to cross Commerce Blvd. Mound City Council Minutes —April 12, 2022 Chemin added that no one knows the impacts the building and construction will have on the aquifer as there have been zero studies. Chemin added what will happen if more pollutants get into the drinking water. Kassie Ricke, 1410 Preserve Blvd., Minnetrista, said her greatest concern about the development is the safety of everyone. Ricke said OLL has a vibrant school and hosts events and is the largest corporation in Mound. Ricke asked if we looking out for the benefit for the people who live in the community to which she said it is a resounding no. Ricke added that the traffic flow is a problem and there have been accidents right in front of OLL and there were two other accidents in that general area of Mound. Ricke said the 52-unit Artessa Co-op development and the proposed 83-unit apartment development will cause traffic flow problems and 24 trips in the morning is a ridiculous number. Ricke said Commerce is already backed up in the morning and the development decreases safety in that stretch in Mound which is already a nightmare. Jen Klaahsen, 1545 Maple Place, Orono, said she is a 10-year community member and stated her kids go to OLL and is strongly opposed to the Northland development. Klaahsen said a shared entrance with a school is a bad idea and she couldn't find another example of an apartment building that shares and entrance with a school. Klaahsen said no school, parent or school administrator would ever want that and it is a traffic and personal safety concern having transient residents and their guests so close to an elementary school and a pre-school. Klaahsen challenged the Council to find another suburban example of an apartment complex and school with a shared entrance. Velsor asked Klaahsen if kids are being dropped off in the easement area or on Commerce Blvd. or until they get into the OLL parking lot. Klaahsen said she drops off her kids in the parking lot of OLL. Velsor said it seems as if there are no kids in the easement area. Claudia Lacy, 5940 Loring Drive, Minnetrista, owner of 2425 Commerce Blvd. said the project's building design is very beautiful. Lacy said she leaves her house 24 times a day and doubts that there will only be 24 trips in the morning from the development and that is a ridiculous number. Lacy said people have to use the easement to enter and exit and removing the parking spots in the easement is not a suitable solution. Lacy asked how many parking spots are we losing when Auditors Road is closed. Lacy doesn't agree with the development going in next to a church, a pre-school and school. Lacy said why didn't Farrell buy the Quonset Hut on Commerce Blvd. instead. Lacy said this is an unsafe situation. Lacy believes that each person in attendance at the meeting represents an additional one hundred people who oppose the development. Tish Crane, 5930 Beachwood, said she lives on Lake Langdon and is not opposed to development on Langdon but is concerned with safety on the Dakota Trail. Crane said she has seen many people almost getting hit crossing Commerce Blvd. and the intersection with the Post Office. Crane said she has concerns about access to Lake Langdon which is a private lake with no public access and is concerned about the overuse use of the lake by 82 apartment residents. Velsor said what would be wrong with people using canoes and kayaks on Langdon and Crane said it would be over crowded with 82 kayaks and canoes. Michelle Herrick, 2630 Westedge Blvd., said she owns property on Lake Langdon. Herrick said she doesn't think the traffic and safety issues have been addressed and it is hard enough to get to the businesses on Commerce Blvd. Herrick said she received an email from Matt Franks of Paddle North and read to the Council that the City forced Paddle North into compliance and it is Mound City Council Minutes — April 12, 2022 an unfortunate situation even if Northland Mound would pay for the improvements to the easement area. Herrick asserted that her email thread named City Manager Eric Hoversten as forcing the owner of Paddle North into accepting the development and not following ADA rules and that this is unethical. Herrick stated Northland Mound's attorney had threatened the Council into following the rules. Velsor said this has been looked into and Northland Mound has the right to make improvements to the easement area with or without Paddle North's approval. Salazar said Herrick's assertions were a bit of a falsehood and that conversation she read took place several months ago. Salazar said he spoke with Matt Franks and Salazar said Franks said he got out of hand in the email and that Franks was informed in the fall of 2021 that the easement he owned allows the lot owner to be able to use the easement to develop that property. Salazar said that Franks did not know at that time there was a project being proposed and Salazar stated that now Frank's has all of these things coming at him. Salazar said Franks spoke to Hoversten who explained the easement rights to him. Salazar said that Hoversten told Farrell he would need to fund the improvements to the easement which included fixing the ADA issues which are present in the area. Holt said he got the same email and said he talked to Franks and Franks said to Holt that Hoversten was too calculated to make this kind of slip up and that Franks doesn't care if the project goes through or not. Pugh said she talked to Franks as well. Herrick claimed she spoke to business owners who said they are afraid of retribution from the City if they spoke up to oppose the development and others think they can't comment. Michael Border, 5480 Three Points Boulevard., said if the developer cannot rent out the apartment units at these prices will they become low income. Velsor said he spoke with two property managers and most if not all market -rate apartments are constructed with high costs incurred and they won't rent to those who cannot pay and added that Northland Mound will not have problems renting these apartments. Velsor said the company he works for built two large apartments in Shakopee and they have 85% of the apartments leased. Michael Border said these apartments won't rent at those prices and said there was misinformation in the minutes from a meeting six weeks ago about shared parking. Border added that we elected you and why did we vote for you? Border said it is to be a representative of Mound and not to be a subdivision of the Metropolitan Council. Joe Bruns, 2630 Setter Circle, said if this development passes it isn't a matter of if a child is hurt, it is when and it is on the City Council. Bruns added that if all the units cannot be rented then a federal subsidy is going to happen. Bruns said the development will be good business for towing companies which will be busy and neighboring business owners will be forced to buy parking warning signs and take action to make sure their parking spaces are not consumed. Bruns pointed out that Velsor, Pugh and Salazar have Council terms which are expiring at the end of year. Mary Davis, 3021 Inverness Lane, said the Hazelwood development in Tonka Bay has parking issues now. Salazar said he drives by Hazelwood twice a day and has noticed the driveway grade has been lessened with the pitch lower and the ingress/egress to the shopping complex to the new apartment has been made wider. Davis said she has had trouble parking there and this is due to the Hazelwood apartment being added to existing businesses. Mound City Council Minutes —April 12, 2022 Davis said the Dakota Trail is cool because you don't have to fight parking to get on it and that this is going to change. Davis said there is a difference between ownership and renting and she looks at the Surfside beach debacle in which the jet ski rental business has basically decided they own the open space in the park. Davis said she sees a pattern in developments coming to town who are left to figure it out on their own. Davis said she is worried the Council is not listening to the people. Davis claimed Velsor has a conflict of interest. Salazar said the only time a Council member needs to recuse themselves from decision making is if there is a possible financial gain or loss. Salazar said Larson believes she would lose financially by the development as her property value could be diminished. Salazar added that Larson felt she couldn't be objective about the development. Salazar said Velsor does not gain or lose financially from the project and that Velsor is not obligated to recuse. Davis read from a DNR letter from December 29t" which she said was a DNR denial of the Conditional Use Permit for the development. Davis said a development in Lindstrom is occurring that people should aware of and it is important that staff pay attention to that same dog and pony show. Davis wanted her last comment to be entered into the record. Crystal Johnson, 5625 Grandview Blvd. said she lives next to Grandview Middle School and deals with the traffic on Grandview Blvd. Johnson said she is astonished by the number of police calls at the Grandview Apartments, noting there was a partial lock down of the Middle School recently due to an incident at the apartments. Johnson said any time an incident happens at the new development will the OLL school have to go into lock down. Johnson said if the kids at OLL were on the playground something worse could happen and quiet lock downs are traumatic for the kids, for the staff and during church for the parish members. Johnson said she knows there are background checks on tenants but not on their guests which is something which should be considered. Velsor asked Johnson if her kids went to OLL which Johnson said yes. Velsor said is there an adventure club and what is the start time. Johnson said Adventure Club starts at 7:00 a.m., Middle School starts at 8:00 and Elementary starts at 8:50 a.m. and the differing schools are out at 2:50, 3:15, 3:35 and OLL after school programming ends at 5:30. Brian Tramonte, 3125 Highland Blvd, said he won't bring up the blatant disregard to public safety and the environmental issues and said his friends won't move to the area if there is high density housing. Tramonte said he spoke to Holt and they discussed Section 8 housing and why this would be a problem. Velsor asked where Tramonte's friends wanted to live. Tramonte said his friends want to own single family homes and luxury condos and apartments. Velsor asked where they are available and Tramonte said they aren't available in Mound. Holt said he found the phone call he had with Tramonte disturbing which Holt said had comments like we don't want those type of jet ski people in town. Tramonte said Section 8 housing brings high crime rates. Pugh said the fear of low-income people is offensive and there are already low-income people who live in this community. Pugh said she lives three houses down from the new town homes which were built and those properties are better than houses on her street. Pugh said the children play out in the yard, love going to school, help their neighbors and it is not a cesspool of crime. Pugh said those kinds of comments are inexcusable. Holt said shame on you. Velsor said he talked to his building manager at work about background and credit checks on renters and Farrell said Northland will be doing the same checks. Velsor said he asked what the checks are flagging and they are if the potential renters had a DUI, any kind of misdemeanor Mound City Council Minutes —April 12, 2022 property damage or if there were domestic violence issues. Velsor said his company staff has a list of things to check out and would sit down with the perspective tenants before renting to them because they want the building to be filled with respectful tenants. Velsor said people keep bringing up crime and there are no background checks on your neighbors if you move into a new house and this development seems to be a safer situation. Zattler came up to the podium accompanied by Council member Paula Larson who spoke of what Zattler terms "a low-income gentleman" who was living in the basement of the ice cream shop. Zattler and Larson said ice cream shop owner called 911 and detained the individual at Larson's business office. Zattler said the speculation was the individual was vandalizing the property and living there for the last three weeks. Dan Larson, 5835 Beachwood Road, said he doesn't share the not in my backyard mentality but does have concerns about this happening outside my door. Larson said he is also concerned about safety and a lot of recreation on Langdon in the winter as well as paddlers in summer. Larson said he is a 10-year resident of Mound and never came to a meeting before but this is important. Larson said he would like to plant roots here and the most important part of the city is the vision and commitment to the natural environment. Larson read the city mission statement regarding natural spaces in town. Larson said he was unaware of the Auditors Road closure and believes approval of the Northland development would cause the City to change its vision and hopes they can get back to that vision. Larson said what brings people to Mound are people looking for shops, parks, restaurants, Back Channel Brewery and the Dakota Trail and doesn't see how the development would attract people to Mound. Rhonda Eurich, 5585 Sherwood Drive, said she has worked at OLL for 35 years and has concerns about traffic and safety and the impact to the food shelf. Eurich said it's not a "not in my backyard" situation, it's traffic and she doesn't understand why Hennepin County, the DNR and watershed district opinions are being ignored as there is standing water on the property. Trapp said the DNR provided their typical response relative to the shoreline and the space and units proposed by the development. Trapp said due to the physical shape of Mound only single- family homes would fit the DNR's requirements and no multi -family would be eligible without the understanding that has evolved over the years. Trapp said Farrell has addressed the DNR's concerns except for shoreland tiering which is typical of any development which is larger than single-family homes. Eurich said what about the Minnehaha Creek Watershed District (MCWD) and the food shelf. Eurich said OLL had to pay $125K in corrections when the food shelf was built. Trapp said the MCWD application has been submitted and the LMCD is working through their processes. Trapp said the MCWD felt the application could be addressed through their typical processes; including the underground water storage treatment system. Trapp said the applicant must meet WCWD requirements. Eurich said she drives to OLL by Grandview Blvd. where a Police Reservist directs traffic on Grandview and she assumes OLL will have to have the same. Mound City Council Minutes — April 12, 2022 Holt said he drops off his son at Grandview Middle School and Holt said he thought the traffic got worse during the pandemic as no one wanted to put their kids on the bus due to Covid. Holt added that Grandview does get crowded and that is why the Orono Police Department does traffic control. Pugh asked why OLL hasn't used a safety patrol on Commerce Blvd. to help with traffic like Grandview Middle School. Pugh said there was a child who was hit at Grandview and a lot of schools have safety patrols. Eurich said parking and traffic is the problem with the development. Velsor, Holt and Eurich talked about loving Mound and using Lake Langdon. Velsor asked Eurich if she was at the meeting with Northland Mound in which the parking and traffic plan was presented to the OLL team. Eurich said she was there and said OLL staff listened to everything and said no to Farrell. Eurich said they asked questions and said OLL would get back to Farrell. Velsor asked Eurich if there were ideas to try to make things better. Eurich said not as much traffic and not as many cars. Velsor said the four-way stop idea is in the control of OLL and they could have a say on the plan. Velsor said he sat outside of an apartment building in Shakopee and watched the traffic of a building which is 85% rented and has 312 units. Velsor said that is 265 occupied units and he sat out there on Friday and Monday. Velsor said he was out there on Friday from 7:30-8:30 and there were 43 cars which is .57 cars per minute. Eurich said the Shakopee situation isn't the same as here at OLL. Velsor said he counted cars on Monday and found there was one car per minute leaving the apartment in Shakopee. Velsor said there is a limit to what the what amount of traffic is being added by the apartment and people will be leaving the apartment at different times. Velsor said if he would have seen five cars a minute or more that it is one thing; but there is not that much traffic going out. Velsor said the traffic isn't going on all day long. Velsor and Eurich discussed the effect of the development on OLL traffic patterns and Velsor said the traffic isn't going on all day long. Salazar said Eurich is trying to demonstrate that the shared easement with Paddle North means there are Paddle North customers and tenants using the road with school buses, children, parents, parishioners and seniors. Salazar said the apartment is going to make the traffic situation there worse. Eurich said the additional traffic would create safety issues. Velsor said this is a shared easement and not just OLL's and why can't OLL share the easement with the new development. Eurich said OLL has been in the community since 1964 and we don't want our kids run over when they are going to school. Velsor said the kids are dropped off in the OLL parking lot and not in the easement. Kathleen Marie, 2461 Commerce Blvd., said she enjoys nature and likes the small town living and the trail. Marie asked if anyone has walked the development property and said it is a beautiful property and she sees animals walk along the lakeshore and this building will eliminate the natural pathways for the animals. Marie is excited to leave it natural and would like to clean it up and leave it to people who love Mound Anna Schmidt, 6620 Walnut Drive, said she works at OLL and moved to Mound three years ago. Schmidt said she drives her daughter to Westonka HS and the traffic is backed up on lug Mound City Council Minutes —April 12, 2022 Commerce Blvd. all morning. Schmidt said there are three officers directing traffic and this will be needed at some point at OLL. Schmidt said it has been taken for granted that OLL is giving up parking spaces which will be taken away from the Incredible Festival which has been around for 43 years and draws people from all around. Schmidt added that the Auditors Road parking is going to be going way. Schmidt said kids are in the whole upper area of the parking lot and there are funerals and events at OLL. Schmidt said this isn't an OLL problem and said she felt that they were being talked down to by the Council. Velsor said if traffic is so busy out there for 1.5 hours why wouldn't you try to direct the traffic to solve the problem. Velsor said he dropped off his kids at Shirley Hills School and the teachers were directing traffic there. Schmidt said the development would be adding traffic to the problem. Velsor said he gets OLL has been there for years but what if OLL and Northland Mound both moved in today the easement would be both of your responsibility. Velsor said you have a new partner and wouldn't it be good to work together instead of just saying no. Schmidt said if she had a neighbor who needed to get across her yard she doesn't have to work with them which is the same as the OLL situation with Northland Mound. Velsor said OLL has the right to say that it doesn't like this plan but what is OLL's plan for the area? Sharon Rosenberg, 70 Fairway Ridge Court, Minnetrista, said she is a potential resident at Artessa and might pull their registration from Artessa because of the development. Rosenberg said her son works at the Hardware Store and was hit by a car at Shoreline and Commerce 10 years ago Rosenberg said she drops off her son at the Hardware Store and said there is no way she is making a left turn in that area. Rosenberg said she has lived out here for 30 years and people live here for a variety of reasons. Rosenberg said the Northland and Artessa projects added to the closure of Auditors Road and will add too many people in the area looking for places to park. Rosenberg wants to see a smaller condo type building in the Northland development area. Kathy Timberg, 6049 Ridgewood Road, said what if the apartment building doesn't reach capacity and what the consequences are to Mound if this happens. Timberg polled the audience to see who was in favor of the project. Peter Meyer, 5748 Sunset Road, said the City built the City parking ramp to encourage retail downtown. Meyer said he doesn't understand why the City is going to add a new development with Artessa and close Auditors Road which will cause traffic to increase. Meyer said Mound is a fully developed, small town community and this project is completely against what has been done over the past 40 years. Meyer said the City passed a referendum years ago to support parks in Mound and a subsequent Council voted to remove parkland for the Village by the Bay project. Meyer urged the Council to stand up against the Metropolitan Council and vote no and keep commercial activity in the downtown area. Becky Kennedy, 132 Maple Ridge Drive, Delano and Principal at OLL, said she was against the project from the start and is against the amended proposal. Kennedy said the added number of people will not keep people safe and not just car traffic but people who walk in the OLL parking lot. is Mound City Council Minutes — April 12, 2022 Judith Morrison, 2150 Old School Road, said the traffic at the intersection of Commerce Blvd. and Shoreline Drive is bad and said she drives to work at OLL and has been at that intersection and has seen people blow through red lights. Morrison said she walks her dog and the additional traffic is worrisome and asked the Council if they have given this the consideration it needs. Morrison said citizens need to feel safe, cared for and respected. Jim Gountanis, 2601 Commerce Blvd., said he believes the development is too big and Northland hasn't done anything at all with the revised plans but take a floor off of the building and kept the parking the same and he can't understand why the City of Mound wants to allow a building this close to the lake. Gountanis said his father tried to buy the property 25 years ago but found out it was too expensive to purchase and build on because it was a wetland. Gountanis said there is a reason the DNR and MCWD haven't signed off on the project and he can't understand why the project doesn't adhere to the 50 feet buffer. Gountanis said this development is bad for traffic and bikers have been hit by cars crossing Commerce Blvd. from the Dakota Trail. Gountanis said this project should be smaller and he doesn't believe the tax benefit is $365K when the Grandview Apartments which is virtually the same number of units produces $125,000 in taxes. Leigh Maurstad, 5130 County Road 151, Minnetrista, said she used to live on Lynwood Blvd. and said the current Dakota Trail recreation area is leased and originally the light rail was to be installed in 2012 on that railroad bed. Maurstad said if you get rid of Auditors Road you will not be able to cross over to Shoreline and when the light rail goes through what will happen to traffic and people will have to use Bartlett. Maurstad said she had used the Northland property to get on Lake Langdon and believes this land is an asset to the community. Maurstad wondered how many studio units are in the area. Maurstad wondered about the number of cars per unit there are in the area. Maurstad said people rely on transportation in Mound as busses are limited in Mound. Velsor said that studio apartments are typically the first ones to get rented because most single people prefer them. Maurstad and Velsor discussed amenities and what young people want in studios and apartments. Jerry Ricke, 1410 Preserve Blvd., Minnetrista, said he is a common-sense kind of guy and doesn't need a governmental organization to do a study to understand more cars means more traffic and he has seen the accidents which have occurred at Shoreline Drive and Commerce Blvd. in this specific area. Ricke said he worked for the Mound Fire Department and has seen kids hit by cars in the area. Ricke said the design is a beautiful building but it is ludicrous to shoe horn the building back in the area. Ritche said he has checked out the area and he has driven a fire truck back there it was very tight and certainly a concern. Tom Notch, 1250 Morningview Drive, Minnetrista, said he thinks that 24 trips per morning out of 83 units doesn't make sense. Notch said the DNR easements should be paid attention to and respected and said he doubted the $300K tax impact number. Notch said he looked it up that this is less than 1 % of the total tax value. Notch said the development is a cost negative to the City as residents of the building will have kids which will be a cost to the schools. Notch doesn't believe the parking numbers and thinks OLL which has been in Mound since 1964 should have squatters' rights. `FA Mound City Council Minutes — April 12, 2022 Paula Larson, lives at 5713 Lynwood Blvd. and owns a property on 2316 Commerce Blvd., said the Council does realize what the voters want and she didn't think she needs to reiterate safety which is the number one word on the City mission statement. Larson said she takes serious offense at people suggesting that this is DLL's fault because they won't cooperate. Larson said the Shakopee comparison isn't accurate because Shakopee has major highways and has a population of 41,000. Larson said Mound is not on a major freeway and to compare counting cars in Shakopee to Mound is comparing apples to oranges. Larson asked Pugh if she has visited the site which Pugh said she did last fall and Holt who said he has visited the property many times and Salazar said yes and walked the property and Velsor said yes and he will sit out in his truck at the property observing traffic. Larson said she knows the history of property intimately and Larson said safety is the problem and this is not a safe project and 40 units sounds like a great project. Larson produced a display of a Pileated Woodpecker which she said are protected by the federal migratory bird act and it is a federal offense to mess with the eggs, nests and the birds. Larson said the City is so lucky to have these Woodpeckers in the City on Lake Langdon. Larson said the Pileated Woodpecker is the cousin of now extinct Ivory Billed Woodpecker. Larson knows where they nest and will be watching and thinks safety is an easy answer. Paul Meisel, 5501 Bartlett, owner of property for sale, said he and his wife bought the lots over the years with the idea to put something nice up. Meisel said this developer has come up with a good plan and is cooperative and had reduced the size of the project and has done everything he could. Meisel said he doesn't know why OLL is so opposed to the project and said he was at the meeting at OLL to discuss the easement and the first thing they did was say they opposed it. Meisel said he is trying real hard and is surprised with all the subjects brought up tonight, some of which didn't make sense to him. Meisel said the developer has done what he can to meet every single ordinance and he said if someone wants to buy the property and turn it into a park that's fine. Meisel said he agrees with Velsor that there won't be more traffic added and why doesn't OLL work together on the traffic issues. Meisel said he has tried to be a friendly neighbor to OLL and worked with OLL regarding parking at the Incredible Festival and allowed for OLL to use his property during their events. Cindy Notch, 1250 Morningview Drive, Minnetrista, is an active parishioner at OLL, said there is a DNR Easement right down the middle of the property. Hoversten said there is a platted city Right of Way which allowed for access to the properties if they were ever to be developed. Notch said if there was a 30 feet, private lake easement at Lake Langdon the Council would like that and believes this development is a private taking of a publicly dedicated easement through the MN DNR. Notch asked if the Orono Police Department and the Mound Fire Department have gone on record on the impact of the development on space and traffic on Commerce Blvd. Velsor asked about the DNR easement to which Hoversten said there is the diagonally platted Right of Way through the property and another one along the shoreline which are both 13 Mound City Council Minutes —April 12, 2022 undeveloped roads which are owned by the City. Hoversten said they are there to provide access to the interior lots in the area of the subdivision. Hoversten said the need for this access isn't there any longer and if the re -platting happens the lots are then reorganized so there is no need for access if the owner has combined all the land. Kathy McEnaney, 6040 Ridgewood Drive, said if the apartments don't get filled for a year or two what are the consequences for Mound. Farrell said he believes the project will lease up given where the market is he said when the project is completed it will lease ahead of schedule. Farrell said there are precautions that are built in with the lease up period and to account for delays. Farrell said it was unanimously determined by the Planning Commission and staff that the project was consistent with the Comp Plan. Farrell said they have met the Council's request to shrink the project by removing a floor, increased the number of parking spaces per unit from 1.2 to 1.5. Farrell said he sat down with neighboring parcel owners and completed a revised traffic plan with a dramatic improvement to it and looks forward to working with the Council on any conditions raised going forward. Scott Gates, 4363 Wilshire Blvd., said he would like to have had a poll for the complaints about Auditors Road and why didn't the people in the audience show up when the removal of Auditors Road was proposed. Gates said this is a nation of laws, regulations and standards. Gates added this is a nation of professionals and experts who can study and determine parking and trip data, who know the numbers regarding urban apartments and walkability and these regulations and standards govern what is being done here. Gates said this proposal is just one step in the development process with many more steps and the other agencies which will weigh in including community input. Gates said at the end of the day this development meets Comp Plan requirements and there have been people here who have cited problems which aren't project related. Gates said all three parties have equal access to the easement and due process. Gates said a private property owner who meets the requirements of the City must be approved. Gates said he is tired of Paula Larson making assertions which are not made up of facts and he wanted it noted in the record that they are not substantiated by fact. Gates said everyone wants shops for retail and the only way to get it is through rooftops. Gates added there are open business spaces in Mound which are affordable and there is no impediment to opening a business in Mound. Gates said this development meets the vision of community and the Comp Plan. Gates said the people in the audience are a small group of residents and have a right to be heard. Gates said OLL could have bought the property if they want to control it. Gates said he has talked at previous Council meetings about development in Mound including the Harbor District. 14 Mound City Council Minutes — April 12, 2022 Ginger Skaja, 5975 Maple Forest, Minnetrista, said she wants to leave the world a better place and wants to get more involved. Skaja said there are traffic and environmental pieces to this development. She said she was a high -end renter and the rental community is transient. Skaja said she tried to find a school and an apartment which share an entrance. Skaja said owners are just more respectful than renters and wants home owners at the site. Skaja said there is a lot of development in Minnetrista and there is a traffic stigma regarding Mound. Chad Zejdlik, 9551 Woodridge Circle, Eden Prairie, said he works in the community as a banker and is a member of the Mound Rotary and personally thinks the development would be a nice improvement to the community. Zejdlik said he is a Catholic with a child and can understand the position of OLL. Zejdlik said he is pro -business and this project would bring 85 people into the community which is good for everybody. Zejdlik said Farrell has done what he was asked and is proud to bring this project to Mound and the property won't be a problem. Zejdlik said he is a supporter of OLL but it is a desirable location and if not now, when and if not this, what? Zejdlik said the development makes sense from a pro -business perspective. Eurich said she was at the at the meeting with Meisel and five others and said the OLL staff was nothing but gracious and it was a very pleasant meeting and she has worked with Mr. Meisel in the past and OLL is a good neighbor. Salazar said nothing ever came from a proposed Condo project at the site and it never came to development committee. Maurstad had a question about the right of way and whether there was a proposed vacation of it and Hoversten said yes. Salazar said the City parcels adjacent to the private parcels will be sold to the developer. Pugh asked a question about safety at OLL and wanted to know if the school had any school safety patrols as at Grandview Middle School. Pugh said if OLL is going to double in size what are your plans to address your safety issues at OLL. Pugh said she wasn't decided when she came to the meeting and said she grew up in this town when Tonka Toys was here and there was more development when there were 4000 people living in town and now there is only 2% of the tax base which is from commercial property. Salazar said there has been a lot of discussion tonight and the Council will give direction to the developer as it needs to address the project tonight. Holt asked to view the slide on traffic and parking and the intersection at the easement. Holt said the Planning Commission looked at the easement area, the north entrance and the parking at the easement. Holt said he suggested that parallel parking will not work and to get rid of it. Holt said his Chiropractor finally came around to the parking plan and Holt said the Chiropractor is more comfortable with the plan and it solves the parking problems by using straight in parking. Holt asked whether the developer can legally put curbs and speed bumps on OLL property outside the easement area. Hill said the developer can't go outside of the easement to the neighboring property without OLL consent. Holt said the parking was okay but now it is even better but wondered why Farrell submitted a plan which improves private property. Farrell said as he understood he was asked to come up 15 Mound City Council Minutes — April 12, 2022 with a plan with input from OLL and his team came up with a plan for OLL which slowed down traffic and attempted to improve the entry onto OLL property. Farrell said it is the sole benefit to OLL for traffic calming and directional traffic signage to be installed and paid for by Northland. Holt asked why the parking plan included OLL property. Farrell said the proposed plan was the best outcome for OLL and he said it would be cheaper for Northland to not improve the traffic. Farrell said it is an option for the Council to approve the development plan with a condition in which Northland can only improve the easement area if there is approval by OLL for their property to be improved. Holt said he studied the parking lot and people are flying through the area and the plan proposed by Farrell helps with safety. Holt said the development will create more traffic but this plan will help with safety. Farrell said the speed bump was intended to slow people down and OLL didn't agree to the traffic plan. Holt said he observed traffic on the easement and from the north and didn't see the traffic build up. Holt said cars were flying by and speed bumps and stop signs will help. Holt said can improvements be done on the OLL property and not in the easement. Hill said again the developer cannot do work outside the easement. Hoversten said there are two easements; the driveway into the area off Commerce Blvd. and the 50 x 50 square parcel at the intersection northeast of the OLL parking lot. Farrell said Paddle North wants Northland to improve and widen the easement Salazar asked Farrell about removing barriers from the easement roadway and if the roadway on the easement will be moved south toward the OLL property. Farrell said improvements will only be built on the easement. Velsor said the plan does make traffic slow down as it enters the site and into OLL and one of the ways to stop and slow apartment renters is to direct them to Commerce Blvd. Velsor said the Council can't force OLL to come up with a solution to the traffic issues. Salazar said OLL did sit down with Farrell and Paddle North and he said he spoke to John Biglow from OLL and Salazar said OLL did generate a response to Farrell. Pugh said there are many intertwined pieces to this development. Pugh said she has listened to comments about traffic during the Auditors Road and park planning processes and many people complained kids will be hit by cars through Auditors Road. Pugh said there are many ins and outs along Commerce Blvd. in this area; bike path crossing, streets and alley ways and too many options for turns but left-hand turns make the area vulnerable to accidents in particular. Pugh said the Council has work to do on the city infrastructure. Pugh said it should be recognized that the traffic and parking problems are also caused by Minnetrista development as those residents' travel through Mound. Pugh said the interior roadway can be improved by the traffic plan and she said she is hearing that people are concerned. Pugh said this development has a private easement and will bring in more to the tax base and the fears of the audience are really wrong. Pugh said what happens with low-income development is just the opposite of what people fear. Push said as soon as the subsidized 15-year mortgage is paid for and the tax credits end, those developments are converted to market -rate so this is a fear tactic and shouldn't be here. fi[y Mound City Council Minutes —April 12, 2022 Pugh said the tiered down design to the lakeside is good. Pugh said Farrell kept the parking but was still criticized by the audience. Pugh said she doesn't feel it is a negative situation and she hears the concerns for children's safety and there are more things the school can do to be more safe. Pugh said the business community is afraid of negative feedback from residents. Pugh said during Covid-19 the City Liquor Store did really well and she says she buys in Mound now that she is retired. Pugh said the City needs the funds to make improvements and there is not more land in Mound to generate taxes and the City needs more diversity in housing. Velsor said he took notes all night and commented that the size of the building is smaller and he couldn't imagine the top floor was going away, making it a little higher than the OLL school and not as imposing as viewed from the Dakota Trail. Velsor said the comments about crime and this development will not happen because of the type of background checks done. Velsor said that if he lived at Northland Mound, he would leave for work and take a right and head south to Bartlett or to Co Rd. 44 to the east. Velsor said the 28 feet wide easement is two feet less than a 50-mph highway. Velsor said there were comments about development in Victoria ruining the town to which Velsor said when he was in Victoria there were people walking all over the place and the Northland building is even smaller than the building in Victoria and away from the sidewalks. Velsor said it is really sad that business owners are afraid of the repercussions from the people of Mound if they support the Northland development. Velsor said people are still complaining about parking even after the units in the development were reduced, increasing the stalls per unit. Salazar said has been in business all his life and the development could help business and bring in an influx of young people and young people will probably spend a lot of money in town. Salazar said he thought the project was too big even at the Development Committee meeting and he had concerns about access to the development. Salazar said the parking has always been a concern and there was talk from the developer early on to buy parking spaces from the church. Salazar said he was surprised about those comments and recommended early on that Farrell needed to meet with OLL. Salazar said he used to drop off his daughter at OLL and half of the parking lot is the OLL school playground. Salazar said he is all for good quality growth. Salazar said he has spoken to the Mayor of Plymouth who explained to him there will always be development and the key is to guide it. Salazar has concerns about the project which include the size of the building, parking, and the traffic ingress/egress. Salazar said Farrell was directed to figure it out with Paddle North and OLL to improve the situation. Salazar said there are three areas you don't touch and those are all present in this development. Salazar said they are children, churches and schools. Salazar said Farrell hasn't adequately addressed the development because OLL still doesn't want it. 17 Mound City Council Minutes —April 12, 2022 Salazar said OLL have given serious thought to this situation and they realize Mound needs development but they are not in favor of this project. Salazar said the possibility for new retail in Mound is slim to none as only quick serve restaurants, fitness centers and banks work now that Amazon has taken over retail. Salazar said the Northland Mound development doesn't meet his requirements, which are stated on page 763 of the packet, because OLL doesn't approve of the development. Salazar said the church is growing and there is no problem with OLL. Salazar said the Northland project falls short and it is going to add to lot of traffic and congestion in the area and the church is not in favor of this project. Salazar said there are too many units and too many people and too much traffic to add to the congestion in the area. Salazar said he is not in favor of the project. Holt said he was not a fan of the apartment development at Commerce Place and that is what got him to run for Council. Holt said the Commerce Place development was 100% in the wrong place. Holt said he can look out from his home during the winter he can see buildings including OLL and the woods where the project is planned. Holt said people will see this development from Langdon. Holt said the trail crossing is dangerous and someone is going to get killed crossing Commerce Blvd if planning isn't done to improve the area. Holt said his sister has lived in an apartment and his parents live in a condo in Bloomington and he said he is not anti- condo or anti -growth. Holt said there is a need for a nice condo in Mound and this will obviously be a nice, brand-new place. Holt said people have told him that they would like to live near the lake but there aren't apartment options which appeal to young professional people out in this area. Holt said he uses Lake Langdon with the water quality rated D+ and he still swims and jumps in, paddle boards and kayaks. Holt said he had a bon fire on the lake recently and that he would be happy to have more people kayaking and enjoying Lake Langdon. Holt said the parking for the Incredible Festival is not going to be affected by the new development too much. Holt said the height of the original proposal was four stories and Northland changed their plan to three stories and he doesn't think it is too big anymore. Holt said the new plan also alleviates the parking problem now with the reduction of units. Holt said traffic is an issue and has gotten worse with new Minnetrista residents driving through Mound but traffic does move through town. Holt said this is a downtown area and you should expect traffic. Holt said safety is his concern and when biking with his daughter she is afraid of crossing Commerce Blvd. Holt said Westonka has addressed traffic control at Grandview and Westonka schools with staff directing traffic. Holt said Northland doesn't kill the small town feel of Mound and while using the trail in the past he has thought that this is a perfect spot for something. 18 Mound City Council Minutes —April 12, 2022 Holt said he has had conversations with OLL parishioners. Holt said he has had phone calls and one on one conversations from people who have said it is about time and Mound needs new investment in the town. Holt said the low-income housing talk is a fear tactic. Holt said the changes made by Northland are not perfect but said he thinks putting in stop signs and speed bumps directing drivers are improvements. Holt said he has heard from business owners and from residents in favor of the development who are afraid to speak up. Holt said this development is not going to kill the town but will help it. Holt said the big question is; did Northland solve the problems which were asked. Holt said the only thing he is uncomfortable with is the plan shouldn't involve the private OLL property. Salazar said he sat down with business owners two weeks ago and they told him how they felt about the development. Salazar said two business owners and two bankers were present along with Paula Larson who is acting Mayor. Salazar said the project was discussed and one business owner was in favor and another business owner and one banker had concerns about the project. Salazar said up until a couple of days ago he didn't have one person who called him who was in favor of the project and even that person then changed his mind about the project and was against it. Salazar said he has had no one from the community to come to him in favor of the project except for the one business owner. Salazar said there needs to be a decision tonight. MOTION by Salazar, to direct staff to prepare a resolution of denial of approval of the Northland Mound application. No second was offered and the motion fell to the floor. MOTION by Velsor, seconded by Pugh, to direct staff to bring back the resolutions to approve the elements of the Northland Mound application with the condition that the applicant do work in the easement and not on OLL property. Velsor, Pugh and Holt voted in favor of the Motion. Salazar voted against. Motion carried. 7. Consideration/action on Resolution Ordering the Abatement of a Hazardous Building Smith presented an overview of the consideration and action on the order of abatement for the building at 2396 Commerce Blvd. Smith said an alternative to abatement was a restoration agreement. Smith said the restoration agreement was amended and approved with an extension for corrections to be completed by February 28, 2022. Smith said in accordance with the restoration agreement, the notification for cure was made as deficiencies have not been satisfied nor have building permits been completed. Smith said the City Attorney sent notice to the property owner and their counsel of the cure requirement and notice of default on April 1, 2022. Smith said the Council is asked to consider the hazardous building declaration with draft resolution. Tracy Reiman City Building Official, said at this time none of the required inspections have been completed and a grading inspection was not done per the plan. Reiman said the property owner was advised to submit new plans which have been received but there has been no inspection activity since. Reiman said there are regular windows with the decorative elements in place. Salazar asked if anyone has gained access to the property and Reiman said Scott im Mound City Council Minutes —April 12, 2022 Qualle, City Building Official, has been and addressed a number of concerns to the property owner on Friday but the items of concern hadn't been addressed. Salazar asked about the progress inside the building and Reiman said Qualle had met with the contractor's assistant and there are issues with accessibility, framing and some exterior issues with sheathing and other items. Salazar asked if they know that these items need to be inspected by the building official to be approved? Velsor said Qualle should provide something in writing for the Council prior to the meeting. Velsor asked about a General Contractor and how things are going to which Reiman said there is ongoing work without inspections. Velsor asked how are they going to get a Certificate of Occupancy and Reiman said they were going to have to be compliant. Michael Mahoney, Attorney representing property owner Lang, handed out a photo of the outside of the building. Mahoney said there are two categories of things which need to be done; those are hazardous building and abatement items. Mahoney said there have been four reports on structural items which are completed. Mahoney said they categorically deny that City building officials have been denied access to the building as on March 23rd the inspector didn't arrive at the site at the prescribed time and there have been a couple of other times when a meeting was scheduled but didn't occur on site. Mahoney said Lang is cooperating and wants to get the project done. Mahoney said the property owner is completing the list of items regarding plumbing and electrical permits which are scheduled to be done by April 1st Mahoney said the project was shut down by the building official and their goal is to avoid abatement. Mahoney said the non -hazardous items are approved but took an extra 21 days to complete because of the revisions to plans which weren't communicated effectively. Mahoney said the building is structurally sound with no items to be abated and will certify that structural items are complete. Mahoney said Lang wants to finish the project and is down to the last items to be done by March 31, 2022 and the remaining items will be done within 30 days. Mahoney said these items need an extension because they can't be done due a sidewalk needing to be removed. Mahoney added the property owner has done five items which were listed abatement items. Mahoney said the remaining items can be completed within the final 30 days of the agreement as they are not structural. Mahoney said he is asking for a Certificate of Completion instead of a Certificate of Occupancy as there is not a tenant in the building and they want to work on completing the project. Hill said the abatement order is 30 days to abate and fix or raise the building and the order to abate is in the agenda packet. Mahoney said there have been four calls for inspection and workers were waiting on site and no building officials have showed up. Mahoney said the communication on both sides hasn't been the best. Hoversten said the inspections were asked for to resolve the issues of unapproved work which was done at the building versus the plan specifications. Hoversten said staff were trying to 20 Mound City Council Minutes —April 12, 2022 move the process forward by doing inspections and found the work completed which didn't fit the specifications agreed to earlier. Mahoney said there were revised plans sent to the City which sat for a long period of time before there was a report made. Hoversten said the contractor must call for an inspection to be made but the communication and coordination between the architect and staff wasn't ideal. Hoversten said this project has gone on for 13 months when it should have taken four months and from the beginning communication between the property owner's team hasn't been consistent and there hasn't been a person to lead the project and the work hasn't been done to a reasonable expectation. Hoversten said the meeting on the 23rd was productive between Hoversten, Mahoney and staff but there wasn't the follow through since that meeting. Hoversten said the resolution before the Council is to give staff the tools to keep the project moving forward and be in position to abate the property if the work isn't completed. Velsor asked if Lang was at the meeting on the 23rd and was told that Lang was there via the phone. Hoversten said Lang not being available and not being in attendance sends the wrong message to which Mahoney agreed to but he said Mr. Lang was sick. Mahoney said Lang did participate in the March 23rd by phone and is trying to indicate he wanted to get the project done. Mahoney said he is not opposed to the order of abatement. Holt said the drawing of the building is good and wondered when the sidewalk and fagade are going to be finished. Discussion ensued about the side of building needing work and final approval and when the work will be done which is dependent on the weather. Larson asked if staff is recommending approval of the abatement resolution and staff said yes. Larson said Mr. Lang has owned the building for 28 years and what is the next step if it doesn't get done. Hill said under the restoration agreement there is the hazardous building standard 30- day process and the other part is the City going in to inspect the work done to assess the property to see if there is no other option for the building and if it is still hazardous. MOTION by Holt, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION 22-32: RESOLUTION ORDERING THE ABATEMENT OF A HAZARDOUS BUILDING LOCATED AT 2396 COMMERCE BOULEVARD 8. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten added the following comments: May 7 - Spring Cleanup day being held at the Minnetrista PW Building May 21 - Family Fun Fest May 21 - Mound Farmers Market and More resumes Larson asked about the process for approval for the Northland Mound project which Hoversten said the item will be on the next meeting's consent agenda. 21 Mound City Council Minutes —April 12, 2022 Holt said he was at Swenson Park recently and said the new tennis court looks real nice and the pickle ball court is lined and ready to go. B. Reports: Liquor Store — March 2022 C. Minutes: Docks & Commons Commission — January 20, 2022 Planning Commission — February 1, 2022 Planning Commission — March 1, 2022 D. Correspondence: B. Adjourn ACTION by Holt, seconded by Velsor, to adjourn at 12:19 a.m. All voted in favor. Motion carried. Attest: vin Kel"erk W� Mayor Raymond J. Salazar