2022-05-24 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
May 24, 2022
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, May 24, 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, Community Development
Director Sarah Smith, Jennifer Zullo and Ed Ring.
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 7:00 p.m.
2. Pledge of Allegiance
2.5 Moment of Silence
3. Approve agenda
Salazar mentioned the May 20t" incident in which the Eli Hart, who attended Shirley Hills
Elementary School, lost his life. Salazar said an investigation is in process and the community
is in mourning.
Salazar called for a moment of silence in honor of Eli.
Salazar said much has transpired regarding Eli and there is an outcry for a vigil and he is
working with Christine Foley and Jessica Gould to organize the vigil. Salazar said the vigil will
be held on Friday night at the Westonka Library in Mound at 7:00 p.m. Salazar urged
community members to attend the vigil for Eli Hart. Salazar added that our prayers go out to Eli
and his Father and family.
Hoversten said the moment of silence will be added to the agenda as item 2.5 along with Item
4F the resolution for the Community Vigil musical concert permit.
MOTION by Velsor, seconded by Larson, to approve the amended agenda. All voted in favor.
Motion carried.
4. Consent agenda
Hoversten added the Item 2.5 Moment of Silence and 4F Musical Concert Permit for Community
Vigil being held on Friday, May 27, 2022 at Mound Westonka Library.
MOTION by Velsor, seconded by Pugh, to approve the amended consent agenda. Upon roll
call vote, all voted in favor. Motion carried.
Mound City Council Minutes — May 24, 2022
A. Approve payment of claims in the amount of $325,093.40.
B. Approve minutes: 05-10-22 regular meeting
C. Approve a 1-4 day on -sale temporary liquor permit for Northwest Tonka Lions for the
June 18, 2022 Rockin' the Block at the Gillespie Center Fundraiser
D. RESOLUTION 22-39: RESOLUTION APPROVING PERMITS FOR 2022 SPIRIT OF
THE LAKES FESTIVAL BEING HELD ON THURSDAY, JULY 21, 2022 THROUGH
SATURDAY JULY 23, 2022 AND WAIVING FEES DUE TO PUBLIC PURPOSE OF
GATHERING
E. RESOLUTION NO. 22-40: RESOLUTION APPROVING MUSICAL CONCERT
PERMIT FOR GILLESPIE COMMUNITY CENTER ROCKIN' THE BLOCK FUNDRAISER
ON SATURDAY, JUNE 18, 2022 AND WAIVING FEES DUE TO THE PUBLIC PURPOSE
OF GATHERING
F. (Added) RESOLUTION NO. 22-41: RESOLUTION APPROVING MUSICAL CONCERT
PERMIT BEING HELD ON FRIDAY MAY 27, 2022 AT MOUND WESTONKA LIBRARY
AND WAIVING FEES DUE TO PUBLIC PURPOSE OF GATHERING
5. Comments and suggestions from citizens present on any item not on the agenda.
Velsor said a friend questioned how the City enforcement of mowing lawns is done in Mound.
Velsor said if the resident is complaining to the City about a lawn and nothing gets done he
would like to see an improvement to the complaint -based system so if people complain
something gets done about it.
Velsor said his lawn mower broke down last year and he needed to get a new mower and he
didn't want staff knocking on his door if his lawn didn't get mowed.
Velsor said the City needs to get these problem lawns, which were complained about, taken
care of. Velsor said he does not see an improvement in town if there isn't enforcement. Velsor
said he will send the information to staff about the property which was complained about.
Velsor said he received communication about the No Mow May movement and said every
month is no -mow in Mound.
Velsor said these residents should be given a week to clean up their lawns and then the City
should mow it.
Hoversten said the procedures and timelines for lawn care were established under Council
purview and if the Council would like to tighten this up staff can do that. Velsor said he would
like to review the procedures at the next meeting.
Pugh said she agrees with Velsor on the need to clean up yards but she said she feels strongly
about participation in No Mow May. Pugh said after the 31St of May they need to cut their lawn.
Pugh said typically there isn't much to cut in May but this May isn't a usual year. Velsor said a
lot of yards in Mound aren't just leaving dandelions grow a couple of extra weeks. Velsor said
many are left to grow and look awful. Velsor said he doesn't see this situation driving around
other towns.
Mound City Council Minutes — May 24, 2022
6. Public Hearing - Review/consideration of conditional use permit application to allow
outdoor seating/dining, to include alcohol service, at Hibachi Daruma located at 2330
Wilshire Boulevard in the Stonegate Shopping Center
Applicants: Ying Alvarez/Jennifer Zullo from Hibachi Daruma
Owner: Ed Ring, EGR Premier Prop. LLC
Requested Action:
Approval of Resolution Approving Conditional Use Permit to Permit Outdoor Dining
Area Patio for Hibachi Daruma at 2330 Wilshire Boulevard in Stonegate Shopping Center
Smith presented the Conditional Use Permit (CUP) for outdoor seating and dining at Hibachi
Daruma restaurant in the Stonegate Shopping Center. Smith said this is a public hearing for
review and consideration of outdoor dining on the sidewalk adjacent to the restaurant. Smith
said the Council, a year ago, approved the liquor license for Daruma and this request is to allow
for outdoor dining and beverage service which must be approved by the CUP process. Smith
said the Planning Commission (PC) reviewed the Hibachi Daruma application and this public
hearing has been noticed properly. Smith said the application was submitted by Daruma and
Ed Ring, the property owner. Smith presented an aerial photo which showed the location of the
outdoor seating which is the sidewalk on the west side of the building. Smith said there is an
existing overhang over the proposed outdoor seating which will allow for 10 tables and 30 seats
which will only be used during restaurant hours. Smith said there are additional improvements
proposed which include a barricade to protect the diners seated at the table from the parking
area. Smith said there will be no change to the building or parking but will allow Daruma to
extend liquor service to the sidewalk area.
Smith said the PC approved and was very supportive of the application as was the property
owner Ed Ring.
Smith said there were questions from the PC regarding existing lighting in the overhead canopy
that Smith said will provide adequate lighting. Smith said there will be no heating or music
outside of the building and the sidewalk will only be used during the nice and seasonal months.
Smith said the location is on a County Road and staff routed the request through Hennepin
County, Utility Companies and those property owners within 350' of the property. Smith said
Mediacom did respond and did not have any objection and there were no other responses.
Smith added the Mound Fire Department and Building Official did review the outdoor dining plan
regarding fire egress and accessibility. Smith added the PC did offer unanimous approval.
Smith said both Staff and PC recommend approval of the CUP.
Salazar called for a Public Hearing at 7:16.
Jennifer Zullo, Manager of Hibachi Daruma, 2530 Pleasant Ave., Minneapolis, and Ed Ring,
owner of Stonegate Plaza, 12393 James Road, Minnetonka, addressed the Council. Zullo
thanked the Council and said customers have been asking when the patio will be open and they
are excited to expand their business. Ring also thanked Council and Staff for the support they
have received. Salazar said he has heard great things about the restaurant.
Salazar closed the public hearing at 7:18.
Mound City Council Minutes — May 24, 2022
Velsor said the approval of the CUP is a no brainer. Salazar added it is nice to have another
new business in town.
MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 22-42: RESOLUTION GRANTING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR DINING AREA/PATIO
FOR HIBACHI DARUMA LOCATED AT 2330 WILSHIRE BOULEVARD IN THE
STONEGATE SHOPPING CENTER
PLANNING CASE NO. 22-04
7. Information/Miscellaneous
A. Comments/reports from Council members/City Manager: Salazar said he would like to
address what has been going on with the State legislature.
Salazar said in late 2020 the Minnesota Department of Health handed the City a problem in
regards to the testing for and the presence of Manganese in the City water supply. Salazar said
the City did a study to fix the problem and came up with a plan which was presented to the
elected officials who represent Mound. Salazar said the funding for the improvement to the
water supply is tied up in the Omnibus bill which didn't get approval by the Minnesota Senate.
Salazar added a lot of things didn't get done in the legislative session. Salazar said there needs
to be a Special Legislative Session called in order to tie up the many loose ends which weren't
addressed. Salazar said he hopes the Omnibus Bill will get voted on and passed.
Salazar said he has spoken to both State Senator Osmek and State Representative Morrison
and the bill is still alive though the clock has run out. Salazar said it is up to the Governor to call
for the Special Session. Salazar said the cost of the water treatment can't be passed on to
Mound's citizens to fix this problem. Salazar said City water bills are high and the City needs
the $24Million in funding in the Omnibus Bill. Salazar said the City has spent $35Million on
infrastructure in the City without asking for state funding for these projects. Salazar asked
residents to contact Morrison and Osmek in support of the Omnibus Bill.
Pugh said Representative Morrison drafted the bill on this issue and worked with Senator
Osmek on it. Pugh added Morrison met with the City early on and was responsive to the issue.
Salazar said there is plenty of money at the State and right now, state-wide, things are at a
standstill. Salazar added that U.S. Congressman Dean Phillips got $680Million in federal funds
awarded to the state.
Salazar reminded residents of the Vigil for Eli Hart at Mound Westonka Library at 7:00 on Friday
and stated it would be nice for residents to attend.
Hoversten added the following:
June 4 - Mound Fire Relief Association Fish Fry
June 18 — "Rockin' the Block at Gillespie" Center
There will be an event at Shirley Hills Elementary on May 28th for Eli Hart.
Salazar has been in conversation with Eli Hart's Father and family who live in Chetek,
Wisconsin, which is 2'/2 hours from Mound. Salazar said they appreciate the support from
Mound City Council Minutes — May 24, 2022
Mound but are in tremendous grief and will not be able to attend the event on Friday. Salazar
said the event is for Eli and will help the community to heal from this incident.
B. Reports: Finance Department —April 2022
Engineering — 1 st Quarter 2022
C. Minutes: Parks & Open Space Commission — April 14, 2022
D. Correspondence: Mediacom's Affordable Connectivity Program
U.S. Department of Treasury — Amer. Rescue Plan SLFRF
8. Adjourn
ACTION by Larson, seconded by Pugh, to adjourn at 7:31 p.m. All voted in favor. Motion
carried.
A
Attest: Kevin 4Kelly, Clerk
Mayor Raymond J. Salazar