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2022-06-28 CC Meeting MinutesMOUND CITY COUNCIL MINUTES June 28, 2022 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 28, 2022 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Ray Salazar; Council members, Paula Larson, Phil Velsor and Jason Holt Members absent: Sherrie Pugh Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, Community Development Director Sarah Smith, Field Officer Andy Drilling, Minnetonka Community Education Jenny Bodurka, Monica Manty, Ryan McDonald, Jackie Piepkorn, Mackenzie Saatzer, Betsy Brady, Kim Blievernicht, Ed Rockwell. 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 7:04 p.m. 2. Pledge of Allegiance 3. Approve agenda Hoversten amended the agenda by striking Item 8 and amending Item 7 with replacement pages 1462 and 1463. MOTION by Velsor, seconded by Holt, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Velsor, seconded by Holt, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A member of the public came forward to discuss item 4E of the consent agenda. MOTION by Larson, seconded by Velsor, to retract the approval of the consent agenda. All voted in favor. Motion carried. MOTION by Larson, seconded by Velsor, to approve the amended consent agenda regarding item 4E to include an updated property survey at the time of submittal of a building permit. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $201,154.83. B. Approve minutes: 06-14-22 regular meeting Mound City Council Minutes — June 28, 2022 C. RESOLUTION NO. 22-51: RESOLUTION APPROVING LIQUOR LICENCES D. RESOLUTION NO. 22-52: RESOLUTION APPROVING VARIANCE FOR FENCE AT 1601 DOVE LANE (PLANNING CASE NO. 21-19) E. Removed F. RESOLUTION NO. 22-54: RESOLUTION APPROVING PERMITS FOR 2022 MINNESOTA BEACH BRAWL SPECIAL EVENT AT SURFSIDE PARK AND BEACH ON SATURDAY JULY 30, 2022 G. RESOLUTION NO. 22-55: APPROVING PERMITS FOR DOG DAYS SPECIAL EVENT AT SURFSIDE PARK AND BEACH ON SATURDAY, AUGUST 13, 2022 WITH A REDUCED FEE AND DAMAGE DEPOSIT WAIVER DUE TO PUBLIC PURPOSE OF GATHERING 4E. (PULLED) APPROVAL OF RESOLUTION NO. 22-XX APPROVING VARIANCE FOR DETACHED ACCESSORY STRUCTURE/GARAGE AT 4924 EDGEWATER ROAD (PLANNING CASE NO. 22-06) Monique Manty, 4916 Edgewater Drive, said after she found out about the garage being built next to her property she wants to know where the boundaries are between the two properties. Manty showed the Council pictures of her dock and boat. Manty said she has owned her home since 1982 and said her neighbor at 4924 Edgewater built a new staircase to the lake which she considers an infringement on her property. Manty said due to this, she couldn't bring her boat to the dock. Manty said she objects to the building of the garage until her grievances are resolved. Manty said her neighbor's home is a one-story with a walk out lower level and the plan is for a large garage. Manty said if the proposed garage is large, it will block the neighbors across the street view to the lake. Manty said the property line should be determined. Manty said she had landscaping done years ago on what she believes was her property and if the current plans are approved her landscaping will be cut by five feet. Manty then presented photos to the Council which were on her phone. Velsor said there was no survey in the Council packet. Smith said there was an error in the production of the packet and two pages were omitted. Smith said the site survey was approved by the Planning Commission and was not in the packet. Smith showed a site survey of the property which had the dimensions of the propose garage at 22' x 22' (484 square feet) with the house footprint being 972 square feet. Smith said the house and garage are both one-story and the garage has been designed to take on existing terrain at the site. Smith said the house and garage are very similar in height with the garage slightly higher at 16' 8" and the house is at 16' 6". Smith said the elevation of the two structures are similar and the two-inch difference in height created the need for the variance. Smith said this variance request is similar to other requests and the structure is in a conforming location which is twenty feet from the street and six feet from the property line. Mound City Council Minutes — June 28, 2022 Smith said there should be no problem with the property lot line before the building commences. Smith said the Council action is regarding whether there is a practical difficulty exists to grant the variance request and not the other issues Manty brought up. Salazar asked about the date of the survey and Smith said there has been a recent survey done by the previous property owner which will be needed to certify building height and elevation. Smith said the location of the footings and foundation need to be approved by the building official before the final build out of the structure. Velsor said the slope from the front to the back of the proposed garage is considerable and the build is close to the existing structure. Velsor added there will be a need for a retaining wall and to make sure that the wall meets standards. Smith said the permits for the project will need to include plans for the retaining wall developed by licensed engineers. Manty said she is mostly concerned about the garage and is also concerned about the property line and the dock areas and would like to see the proposed garage to stay within legal limits. Salazar asked if there needs to be a new survey and Smith said an upgraded survey should be in order. Andy Ryan, 4924 Edgewater Drive, said the grade tapers from his property to Manty's property and there is no wall needed at that side. Ryan said his neighbor on the west side of his property has a two-story garage. Ryan said his proposed garage is lower than the neighboring property. Ryan said the grade to Manty's side will be very light and only way to get to his house is through his deck. Ryan said he had a discussion with Manty and will continue to have discussion with her noting he doesn't want to have a tough conversation with Manty about her structures and other items that are on or over the property line. Salazar asked Council if they wanted to require an updated survey. Velsor asked Manty if a new survey is done there may be structures on or over the property line. Manty said she has no problem with following the property line and will do the right thing and stay within the law. MOTION by Larson, seconded by Velsor, to include a new property survey at time of building permit application in addition to the approval of the resolution approving variance for the detached accessory structure/garage at 4924 Edgewater Drive. All voted in favor. Motion carried. RESOLUTION NO. 22-53: RESOLUTION APPROVING VARIANCE FOR DETACHED ACCESSORY STRUCTURE/GARAGE AT 4924 EDGEWATER ROAD (PLANNING CASE NO. 22-06) 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Jenny Bodurka, Assistant Director of Community Education on the Tour de Tonka event Jenny Bodurka presented to the Council the 2022 Tour de Tonka bicycle event being held on August 6, 2022. Bodurka said there are six different ride length riders can choose from ranging from 16 to 100 miles long. Mound City Council Minutes — June 28, 2022 Bodurka added the following highlights: This is the 17th annual ride There are 62 legacy riders who have done the ride every year • 39,373 riders over the history of the race • 295 miles of races 44 U.S. states represented by riders Bodurka said there are a number of sponsors who have helped to keep the race affordable. Bodurka said riders can choose the distance of ride they want to do and at what pace they want to race. Bodurka said there are only a few Minnesota Counties which haven't been represented by a rider and there have been riders from 44 of the 50 states taking part in the race over the years. Bodurka said the ICA food shelf is a recipient of the event proceeds and donations were a record high last ride. Bodurka said there are many rest stops riders can take advantage of which include bike mechanics, food and music, noting light blue Tour de Tonka jerseys are for sale. Bodurka said the ride needs 600 to 700 people to volunteer and she would love for Mound residents to get involved. Bodurka said the 42-mile ride goes through Mound and she showed the map of all the different rides around the lake. Holt said he did the 42-mile ride last year and is signing up for 100 mile ride this year. Salazar asked about the pace of the ride and Bodurka said it varies on the riders' interest in their individual speed and if they want to stop and enjoy the rest stops. Bodurka said the rides start at Minnetonka High School mostly and Clear Springs Elementary is the start for the 100-mile race. Bodurka said the shorter races and riders will be sent out in waves and all will finish at Minnetonka High School with food, music and entertainment. 7. Review/consideration of action related to declaring public nuisance and authorizing an enforcement action to abate for property at 4900 Edgewater Drive Hoversten said this item has been brought back after being tabled at the June 14 Council meeting pending action by the owner of 4900 Edgewater Drive to resolve the matter. Hoversten said Field Officer Andy Drilling went out to the site and noted the light has been extinguished but with no permanent changes appearing to be made. Hoversten said the City Attorney has reviewed and made a change to the new Resolution in the packet to bolster the conditions of the light and give teeth to the Council to be able to respond if the nuisance becomes apparent again. Hoversten said the Council resolution authorizes future enforcement action in the event the light is returned and is out of compliance. Velsor said the light is facing up and he is concerned that it can be on again with just a flip of the switch. Mound City Council Minutes — June 28, 2022 Holt said why can't the City enforce the nuisance if the owner hasn't done anything except turn it off. Salazar said the hope is the light is changed and doesn't become a nuisance again. Holt asked if the City going to send the new version of the resolution to the owner. Holt said can the City contact Link to not turn on the light. Hoversten said the Council is setting an enforcement tone with the resolution. Drilling said he hasn't had any communication with the Link's. Drilling said he resent the prior City communication to Link and hasn't heard anything back from the Link's since the June 14 meeting. Salazar said the fix has been done right now because the light is turned off. Salazar said if the light comes back on, the City or Council can respond. Larson asked if Link turns on the light does he have to follow the ordinance so this issue doesn't need to come back to the Council level and start the process all over again. Hoversten said if Link changes the light within the code requirements there needs to be no action. Larson said she suggests the Council approve a signed copy of the resolution be sent by Certified Mail to the Link's. Ed Rockwell, 4888 Edgewater Drive, said he agrees with the Council that the owner gets the resolution via certified letter. A. Requested Action Approve Resolution Declaring a Public Nuisance and Authorizing an Enforcement Action to Abate the Nuisance to be sent via Certified Mail to 4924 Edgewater Drive MOTION by Larson, seconded by Velsor, to approve the following resolution be sent by Certified Mail. All voted in favor. Motion carried. RESOLUTION NO. 22-56: RESOLUTION DECLARING A PUBLIC NUISANCE AND AUTHORIZING AN ENFORCEMENT ACTION TO ABATE THE NUISANCE ••. Tuxede Blvd. 9. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten highlighted: • Overland Lane Rain Garden Project photos • Dog Days Event August 13th • The Farmer's Market is ongoing • Spirit of the Lake event on July 21-23 • Night to Unit August 2nd • Primary Election - August 9th • August 10th Council Meeting rescheduled due to the Primary Election • July 4th - City Offices closed Mound City Council Minutes — June 28, 2022 B. Reports: Finance Department —May 2022 Fire Department —May 2022 C. Minutes: Planning Commission — May 3, 2022 Parks and Open Space Commission— May 12, 2022 D. Correspondence: League of MN Cities Annual Dues Notice Water Stewards — Overland Lane Dog Days Flyer —August 13, 2022 10. Adjourn ACTION by Velsor, seconded by Larson, to adjourn at 8:07 p.m. All voted in favor. Motion carried. Mayor Raymond J. Salazar Attes : evin Kelly,-'04erk