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2022-06-14 CC Meeting MinutesMOUND CITY COUNCIL MINUTES June 14, 2022 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 14, 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, Administrative Services Director Catherine Pausche, Field Officer Andy Drilling, City Engineer Brian Simmons, Steve McDonald, Michelle Wisegarver, Lisa Batchelor, Kester Batchelor, Charlie Batchelor, Daniel Link, Heather Link, Mary Davis, Ben Landhauser, Timothy Nichols, Ed Rockwell, Kelli Gillispie-Coen, Adam Seraphin and Janice Hurd. 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. Pledae of Allegiance 3. Approve agenda MOTION by Larson, seconded by Holt, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Velsor, seconded by Larson, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $476,093.82 B. Approve minutes: 05-24-22 regular meeting C. RESOLUTION NO. 22-43: RESOLUTION APPROVING PUBLIC GATHERING PERMIT FOR USE OF SURFSIDE PARK AND BEACH ON LAKE MINNETONKA BY WESTWOOD CHURCH FOR BAPTISMS ON SUNDAY, JUNE 26, 2022 FROM 11:00 A.M. TO NOON. D. RESOLUTION 22-44: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR YOUTH SKATEBOARDING COMPETITION TO BE HELD AT ZERO GRAVITY SKATE PARK ON SUNDAY, JUNE 26, 2022 FROM NOON TO 4:00 P.M. Mound City Council Minutes — June 14, 2022 E. Approve miscellaneous pay request for 2021 Liftstation Improvement Project PW 21-03 in the amount of $3,750.00 to Norling's Lake Minnetonka Landscapes for restoration plantings in support of the project 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Sergeant Sonnek and the Mound Activity Report for May 2022. Sonnek said there were 371 incidents in May including 10 crashes, 12 alarms, 20 animal complaints, 48 medical calls, two burglaries, one damage to property, one car theft, seven domestic calls, four mental health calls, five thefts, 13 parking complaints, 78 traffic stops, two warrant arrests and 23 welfare checks. Sonnek said three new Orono Police Department (OPD) officers are starting who are either on the force or will be starting shortly which will bring the OPD to full strength. Sonnek said the OPD held a golf tournament with 150 golfers. Sonnek said there is the July 20th softball game versus the Mound Fire Department in Minnetrista. Pugh asked Sonnek if the funds the State received due to winning a lawsuit against pharmaceutical companies would come to Mound. Sonnek said he did not know if the OPD would receive these funds but noted there were five drug overdoses last month but none so far this month. Pugh said the reason she raised the issue is due to the deaths in the community related to drug use. Salazar said he looks forward to the three officers starting 7. Steve McDonald from Abdo LLP presenting the 2021 City Annual Finance Report and requesting action receiving same McDonald of Abdo presented the 2021 City Annual Financial Report (CAFR). McDonald said the responsibility of Abdo is their audit opinion and to test City controls. McDonald said Abdo gives the City their modified opinion as the City does not implement two accounting standards regarding pension obligations due to the extra work for staff and the cost of the actuary not worth the value of the information provided. McDonald said outside of that issue Abdo offers a clean opinion. McDonald said Abdo found no internal control findings. McDonald added they follow a statutory checklist of items regarding how the City deposits funds, offers bonds and bidding processes and there were no findings. McDonald said their work looks at the City general fund balance relative to expenditures and the City fund balance is at 57%, which is above the standards of 30-50% working capital reserve recommended by the State Auditor. McDonald then gave a summary of budget results which showed the general fund to be at $3.3M and nearly unchanged from 2020 but with revenue up $100K and expenditures decreased by $290K. McDonald presented the three-year trend of the general fund which showed the City is most dependent on taxes for revenue and the largest expenditures continue to be in Public Safety which is typical for a city Mound's size. McDonald then presented City Special Revenue funds including the Fire, Dock and HRA/Harbor District funds which have a fund balance of $1.6M with no deficits. McDonald said the Capital Project Funds primary Fund 401 has a fund balance of $2.2M which is used to offset deficits in the Water and Storm Water Funds using an inter -fund loan. Mound City Council Minutes — June 14, 2022 McDonald said the Debt Service Fund shows there is $17M in governmental bonds outstanding noting these obligations will start to fully mature in two years. McDonald said the Liquor Fund gross profit was at 28.9% which is excellent comparted to state-wide averages. McDonald added the operating income of the Liquor Fund was at $468K or 9.3% which is above the state average and allows for yearly transfers of $175-200K to provide for tax relief. McDonald said Water Fund revenues cover operating expenses but inter -fund loans are needed to cover annual debt service from improvement projects. McDonald noted a $3.6M total fund deficit which is owed out to other funds. McDonald provided the following comment on City Funds: • Sewer Fund has a healthy balance and is generating positive cash flow which is also used to fund the deficits in the Water and Storm Water Funds. • Recycling Fund is close to break-even with a cash balance of $200K which has been maintained for the past four years. • Storm Water Fund is covering operational expenses but borrows to cover debt service. There is an overall $12M of cash balance resources held by the City as of year-end, although approximately half goes to pay the February 1 st debt service payment. McDonald offered the following key performance indicators: Tax Rate for Mound is under 40% which is lower than other Class IV and Hennepin County (HC) Cities of similar size. Taxes Per Capita are slightly higher than HC Cities and higher than average of Class IV The City debt trend per capita has decreased over the past 4 years Bond Issues have been less frequent with less spending per capita Operating expenditures are less than comparable cities • Debt Per Capita and Debt Service Expenditures for Mound are much higher than comparable cities. McDonald said the City was well prepared for the audit and staff were very responsive to questions from the Abdo staff and overall it was a good process. MOTION by Velsor, seconded by Holt, to approve the 2021 City Financial Report. All voted in favor. Motion carried. 8. City Engineer requesting discussion and action on resolutions to approve quotations And award 2022 Public Works Proiect contracts: Simmons presented the bid results for the 2022 public works projects noting bids were higher than engineer estimates. Simmons said the bidding climate reflects supply chain issues and labor and material cost increases in the industry. 3 Mound City Council Minutes — June 14, 2022 A. Downtown Sidewalk Paver Replacement Project Phase 1: PW 22-08W Simmons said the sidewalk project Phase I for stamped concrete and repair of pavers bid came in surprisingly high. Simmons recommends award of the bid to the contractor, New Look, which is a well- known and responsible vendor. Holt asked why there were only two bids and how does Simmons send out for bids. Simmons said the bid was sent out to eight specific bidders and they received two bids back. Holt asked why this work was not offered as a public bid. Simmons said staff know the market and offered to specific vendors who staff know can do the work rather than the open bid process. Velsor and Simmons commented that all indications are that nothing is getting cheaper. Salazar said lower prices are not a guarantee as written in the staff memo. Simmons said Phase I of the sidewalks includes the worst sections that are in very poor condition and are a safety hazard. Holt asked how Simmons estimates bid costs. Simmons said Bolton and Menk do service area analysis and also access an internal library of local conditions and a library of nationwide trending costs. Holt asked about the original estimate and Simmons said costs have increased from November and December. Holt asked where would the City sacrifice if costs keep increasing. Simmons said the work load could be reduced and the City could try to renegotiate pricing. Hoversten said the poot condition of the pavement is in need of addressing. Hoversten said the auditor mentioned the budget reserves and this project might create a slight 2022 budget imbalance. Hoversten said the scope of the other two projects can create budget flexibility as the six -figure cost of the projects could cover the current unexpected higher costs. Holt asked which sidewalks are included in the bid. Simmons showed the location of the sidewalks which are along Commerce Blvd, south of Shoreline Drive, and the sidewalks along Commerce Place and Mound Market Place and along Commerce Blvd. north of the intersection with Shoreline Drive. Holt said if the costs come in 43% over estimates the City might want to wait on less important areas. Hoversten said the City does not have as much flexibility for the next phase as there will be a cost share with Hennepin County's project in 2023. Hoversten said Phase III will allow tremendous flexibility in 2024. Simmons said the low bidder for Phase I had a much lower cost differential than other bidders. Salazar said labor costs never go down as all costs right now are up and if there is a recession labor costs may plateau and you may get a deal if contractors are begging for work in 2025. Holt and Salazar discussed labor costs and recession effects. Larson asked when will the project start to which Simmons said it can start before September 1st Mound City Council Minutes — June 14, 2022 MOTION by Velsor, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-45: RESOLUTION ACCEPTING BID FOR THE DOWNTOWN PAVER SIDEWALKS REPLACEMENT PROJECT PHASE 1 CITY PROJECT NO. PW 22-08W B. 2022 Crack Repair Project, PW 22-06 Simmons said the crack repair project is an important part of the City pavement management plan to prevent moisture penetrating the asphalt and cause quicker deterioration of the pavement. Simmons said MP Asphalt is the low bidder and is another trusted contractor and recommends award of the contract. Simmons said the spread of the bids were high. Velsor said many of the bidders' schedules could have been filled up and wondered why the City doesn't start the bidding process earlier to get on the contractor schedules. Simmons said Allied Blacktop are generally fully booked but the City has not observed cost savings by starting earlier although that is an option. Velsor and Simmons discussed the turnaround time of three or four weeks for general maintenance projects. Holt and Salazar agreed with Velsor to start the bids earlier. Hoversten said to bid earlier in winter would mean the City is receiving projects before the next year budget is completed. Hoversten said feasibility surveys are done in the fall for the following budget year and the final budget is not approved until December. MOTION by Holt, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-46: RESOLUTION ACCEPTING BID FOR THE 2022 CRACK REPAIR PROJECT, PW 22-06 C. Resolution Awarding Contract for 2022 Fog Seal Improvement Project, PW 22-07 Simmons said fog sealing will be done in place of chip sealing mainly because these repairs are being done on trails and not streets. Simmons said there was only one bid received from Allied Blacktop. Simmons said the City did get a good number for fog sealing. Simmons said one reason for receiving only one fog sealing bid is it requires more specialized equipment resulting in a smaller pool for bidding. Salazar asked if it would have been cheaper if offered in the fall and Simmons said there could have been incremental savings if offered earlier. MOTION by Larson, seconded by Velsor, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-47: RESOLUTION AWARDING CONTRACT FOR 2022 FOG SEAL IMPROVEMENT PROJECT, PW 22-07 9. Review/consideration of proposed purchase agreement from NHH Properties to acquire City Property in Harbor District Mound City Council Minutes —June 14, 2022 Smith presented the Purchase Agreement (PA) submitted by Adam Seraphin of NHH properties. Smith said the location of the City owned property is at Old Shoreline Drive and Commerce Blvd. which is named Outlot B, Mound Harbor and was the former Longpre property. Smith said NHH has an agreement to purchase the adjacent private property along Old Shoreline Drive. Smith said the combined properties would be 1.9 acres and would be a mixed -use project which would be 4-6000 feet of office space and seven townhome units. Smith said the concept plan includes parking in the back of the building for the office space and the concept sketches are provided to give the Council the developer's ideas for the property. Smith said there will be a third -party appraisal of the property to determine market value and the proposed terms of the agreement include sharing of closing costs with a 180-day due diligence period. Smith listed other conditions of the Purchase Agreement: • Preliminary Plat • Conditional Use Permit for the Planned Unit Development • Land sale must be consistent with the City 2040 Comprehensive Plan (Comp Plan) • Approval from other agencies Pugh said this proposal is an "out of process" process and the Council is being asked to agree to a purchase agreement and there has not been a review of the project by the Planning Commission (PC). Smith said the PC has not reviewed yet as the Council needs to provide its approval before going before the PC. Pugh said she doesn't agree with how this process has evolved and asked why it has to be a purchase agreement (PA) instead of a letter of intent. Velsor said the sketches from the developer are fairly basic and to go before the PC before the Council developers would have to provide an expensive, fully sketched out plan to go before preliminary approval by the Council. Velsor said if we go with Pugh's idea these developers won't spend the thousands of dollars upfront to provide full plans before the Council approval to move forward. Hoversten said in order for application to be brought forward the City has to give the developer consent to start the process and give the developer site control. Hoversten said the Council must give its approval that selling the property is consistent with the Comp Plan. Hoversten said this sketch plan gives the Council the idea of what type of project is being proposed and gives the Council site control throughout the project approval process of the proposed development. Hoversten said this process doesn't give up control of the property until the developer meets the conditions set by the PC and Council. Salazar said in December of 2021 the Development Committee met with NHH. Salazar said he and Velsor felt this is a good project for the City and NHH is a local and reputable developer. Adam Seraphin of NHH Properties, 7445 France Avenue South, said the PA numbers are placeholders and those dates will be adjusted to start the conversation with the Council. Holt asked if Seraphin has done similar projects and Seraphin said there is a 259-unit apartment building which will be completed this month, a 64-unit project underway and NHH has a number of 4-6-unit buildings which have been done. Seraphin said pricing and labor is a concern and said there are ways for NHH to make it work for them. Seraphin said he has a potential commercial tenant which wants to stay in town. Salazar said the seven -unit residential townhomes will be for sale and not be rental units. Mound City Council Minutes — June 14, 2022 Pugh asked if the commercial tenants will be separate entities or part of the homeowners' association (HOA). Seraphin said that both will be part of the HOA and the commercial user will use the surface parking area. Larson said this is a nice project for downtown but her issue is with the timing and terminology within the PA. Larson said the development process needs to be addressed. Larson said staff decides who gets to purchase commercial property in the City. Larson said there is a different process for commercial and residential processes and is led by staff. Larson said NHH could buy and control the City vacant land and then hold the land without developing the property. Larson asked if there could be a safeguard written into the PA to revert the property back to the City if the project doesn't go through. Larson reiterated that there is a different process between residential and commercial property and the City took bids on a residential property on Three Points. Larson said what if is there is someone else who wants to buy the City owned property which then is controlled and then owned by a private entity. Hoversten said there are contingencies which must be met and the due diligence period is a part of the process and if the contingencies are not met, the PA is retired. Holt said what if NHH owns the two properties and what if they don't build for two years. Hoversten said the Council will need to approve a Development Agreement that will have Council contingencies through the approval of the Preliminary Plat, Zoning requirements, consistency with the Comp Plan and other agency approvals which must be met and completed within the 180 days of due diligence with an additional 60 days for closing. Larson asked why there are different rules for commercial and residential property owned by the City. Hoversten said the adjacent owners of residential properties have the equal opportunity to bid on those properties based on a City Council approved policy process. Hoversten said staff makes a recommendation to Council regarding fragmental commercial properties which the City owns. Hoversten said the City informs potential developers they must combine this type of property with adjacent property to achieve its best purpose. Larson said there needs to be another Council workshop to understand the staff process with developers seeking City property. Larson said a developer told her the City "slammed the door in the face of the developer" seeking city -owned land on Lynwood Blvd. Larson questioned the process of approving City property for sale. Larson said she wants to see a written policy. Hoversten said there is a written policy in place which was approved by the Council and the sale of all City land has to be approved by the Council. Salazar said the concerns of Larson are that if the economy falls apart what happens if the land is left vacant. Salazar said the property would be controlled by the developer and not the City. Hoversten said in paragraph four, page one of the PA lists the conditions of the sale; it is an adjacent property, title found sufficient, sellers closing documents in order, item 4.1.4. approvals, financing and the Council Resolution. Salazar noted item 4.1.1 to answer Larson regarding the adjacent buyer to have successfully closed on the adjacent property. Hoversten said NHH has site control over the Lauer property. Holt said he and the Council are worried about something being done and how long will the wait be for the project to be built. Seraphin said he can't predict the future and things can happen. Seraphin said to Larson that the PA can include a clause in which the City can claw back the property. Mound City Council Minutes — June 14, 2022 Hoversten said the Council has authority to extend site control to Seraphin if Seraphin fulfills all of the contingencies listed which strengthens Council control. Larson said commercial projects take years to get going. Seraphin said it is very possible but the size of the project is smaller and he said their intention is to break ground this year. Seraphin added this is not a complicated project. Salazar asked Seraphin if he would be favorable to an amendment to PA if the purchaser does not perform to time frame expectations. Seraphin said he would have to see the language before agreeing to the amendment. Hoversten said the City should have the City Attorney review the Development Agreement (DA). Hoversten said the City can go through its processes to achieve the goals of the Council and developer. Hoversten said the DA can provide the condition of return of property which the Council is seeking and to offer exclusivity and site control to Seraphin to allow NHH to see the project to fruition. Seraphin agreed to claw back language in the DA. Salazar said this would be a great project A. Reauested Action: MOTION by Holt, seconded by Larson, to approve the following resolution. Larson, Velsor, Holt and Salazar voted in favor. Pugh abstained. Motion carried. RESOLUTION NO. 22-48: RESOLUTION APPROVING THE PURCHASE AGREEMENT FOR THE SALE OF ONE PARCEL OF CITY -OWNED PROPERTY LOCATED IN THE CITY OF MOUND 10. Review/consideration of actions related to Mound Harbor 2nd Addition for Artessa Mound (formerly Zvago Mound) in the Harbor District by Lifestyles Communities, LLC Smith said there are two items of requested actions on the sale of City property and a proposed third amendment to outline construction, utilities and landscaping activity dates. Smith said the date changes are the commencement of construction activities on November 15t 2022, construction completed on January 1, 2024 and restoration and landscape activities on 4-1-2024. Smith said construction activity will begin this fall and is requesting Council action on the development agreement (DA) specific to managing construction and to mirror the dates of the delay which has occurred. Smith said it is important to note that the re -plat took a year and the delays of the project have directly resulted from the difficulties in getting the plat recorded at Hennepin County. Smith said staff recommends approval of both requests. Smith added that Lifestyles and Artessa has an office presence at Commerce Place. Ben Landhauser, Lifestyle Communities and Artessa LLC, 4938 Lincoln Drive Edina, addressed the Council by saying there has already been 55% presales with 60% being the threshold for starting construction. Landhauser said they are prepping for construction by getting building permits in and finalizing the mortgage insurance review process with HUD in order to get financing completed. Landhauser said the ways things stand he is estimating to close by the end of September and/or October. Landhauser said most of the interest in Artessa is coming from Mound residents who want the project to get started quickly. Landhauser added that Mound, Minnetrista and Orono residents are among the Mound City Council Minutes — June 14, 2022 presales and there are also folks looking to move back to the area who have seasonal homes in California, Texas and Florida. Hoversten said only two more commitments are needed to get to 60% presales. Salazar said he is proud Lifestyles put the sales office in Mound. Pugh asked if Artessa would impact the Mound Farmer's Market (MFMM) with the start this fall or will the start be after the MFMM is closed for the season. Landhauser said the staging for Phase I will be on Auditors Road and they will collaborate with the City and the MFMM. Landhauser said Artessa wants to be a good neighbor. Discussion ensued regarding entrance agreements for the MFMM and Hoversten said the agreement will need to be with the bank regarding parking on bank property. Larson had a question about the development agreement and specifically item 3, the temporary easement and the parking lot north of Old Shoreline Drive. Hoversten this is the area of the MFMM and the agreement allows for utility access and ability for Artessa to make utility connections. Hoversten said the start times can be deconflicted with the MFMM schedule based on the construction start times discussed. Larson said she would like to see this written into the DA. Landhauser said the project will have one improvement to the area near the MFMM which is an elevated sidewalk for stormwater purposes and this construction will happen at the end of the construction. Hoversten said the formal area of the MFMM is on City property while the informal areas used are private property for parking and other purposes. Hoversten added that the elevated sidewalk will provide a stop to the parking area and provide enhanced storm water improvements. Tim Nichols, 3752 Woodland Cove, Plymouth, Artessa Mound, said he connected with the vendors at the MFMM and they are extremely important to the future Artessa residents and are tremendously supportive of the MFMM. Nichols said the adjacent lot will be green space. Nichols said he was complemented by the vendors and MFMM participants. Larson said there should be language to protect the MFMM and asked Pugh if she is comfortable with the easement language. Velsor said the plan was to work on the park during the Artessa development. Larson said the Artessa development will kill the MFMM. Salazar said the work if it goes as scheduled will be outside the MFMM season. Salazar read the portion of the DA for the construction easement for the curb construction and Velsor explained this is standard language for construction. Velsor said these problems are not insurmountable. Hoversten said the MFMM started on May 21St this year. Velsor said the MFMM may be disrupted for only a couple of weeks. A. Requested Action: MOTION by Holt, seconded by Velsor, to approve the following resolution. Velsor, Holt, Pugh and Salazar voted in favor. Larson voted nay. Motion carried. RESOLUTION NO. 22-49: RESOLUTION APPROVING THIRD AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT FOR MOUND HARBOR 2ND ADDITION Mound City Council Minutes — June 14, 2022 B. Reauested Action: MOTION by Holt, seconded by Velsor, to approve the following resolution. Velsor, Holt, Pugh and Salazar voted in favor. Larson vote nay. Motion carried. RESOLUTION NO. 22-50: RESOLUTION APPROVING REVISIONS TO THE TIMELINES IN THE DEVELOPMENT AGREEMENT FOR MOUND HARBOR 2ND ADDITION 11. Review/consideration of action related to declaring public nuisance and authorizing an enforcement action to abate for property at 4900 Edgewater Drive Smith presented the abatement action summary related to the property at 4900 Edgewater Drive. Smith said the property has an unshielded light which casts excessive light that causes a nuisance with neighboring properties. Smith said there were two letters from the City attorney sent to the property owners in March and May and there was no response. Smith said the meeting notification of this proposed action was sent to the property's owners. Smith said the Council can discuss the matter with the property owners who are present. Daniel and Heather Link, 4900 Edgewater Drive, made reference to the letters from the City Attorney. Link said he thought the letter didn't get sent and/or might have been thrown away. Link said the letter seemed to him that it was not from the City and it should have been sent as a Certified Letter so mail doesn't get lost. Link said he has taken steps to reduce the light dispersal by removing one of the two lights on the post, change the bulbs to a lower wattage and said these lighting changes were made after Andy Drilling did a dispersion test. Link said he went over and above regarding the light restriction problem. Link said only one neighbor is continuing to complain and the neighbor who complained about the light is over 500 feet away. Link said he has been yelled at and harassed by the same neighbor and is open to the discussion with the Council. Link showed a photo of a bright light Link claims is next to the complainant's property. Link asked why this light is not being formally complained about. Link said he felt he complied with the light ordinance. Salazar asked why they have such a bright light. Link said this is because of thefts from their boat which happened twice and an attempted break in at the door at the side of their house. Salazar said he was out at the site with a former Mayor of Mound and the City Manager and was overwhelmed by the light. Salazar said it was extremely bright and had a hard time being able to see. Discussion ensued regarding the brightness of the light and its effect on other properties in the City. Salazar asked Link what if everyone had lights like the Link's? Link said he sees other lights out on the lake. Holt said the first letter from the City Attorney gave the code language which describes the problem with the light dispersal. Holt said he went to the area and agreed the light on Link's property was very bright and disturbing. Holt said he has a light which illuminates his back yard and then cuts off when there is not any activity in his yard. Link thinks he has hit the target of compliance by his reading of the first letter Iff Mound City Council Minutes — June 14, 2022 Velsor said the lake doesn't belong to the adjacent home owner and your property ends at the shoreline. Velsor added that if the light is cast at his dock this is not on the Link's property. Velsor said there can be dock lights or Ring lights which are motion activated. Link said he understands this and he would like to comply. Hoversten said the advice from City Attorney included language which allows for the Council to enforce reasonableness. Hoversten said the light Link has used is commercial grade and may be the brightest light in the entire City. Holt said the light should be hooded and reflected only on the Link's property. Salazar read the light requirements in the first letter from the City Attorney. Pugh said the Link's need a copy of the letter and to follow the requirements of the first letter. Link reiterated there is only one neighbor complaining about the light. Holt said the City is complaint based so someone needs to complain about what Link is doing and there are other people who are commenting about the light. Velsor said after receiving the first copy of the letter Link should have followed those requirements. Velsor gave Link the copy of the March 21 st letter from the City Attorney. Velsor said if Link didn't get the first letter from the City Attorney, he wouldn't vote to approve the resolution. Holt, Velsor and Salazar said the Link's should have ten days to make the corrections. Salazar would like to table the resolution to the next Council meeting. Larson asked if notice of the property was posted on the property and Drilling said he did so four years ago. Hoversten said the nuisance code was glare related previously but was amended recently to include the spot lighting language. Velsor said the Link's should end the spotlighting at the shoreline. Hoversten said spot lighting is a subjective standard and the language was designed to allow the Council to invoke reasonableness when making an action. Janice Hurd, 1809 Resthaven, said she lives across the bay from the light and moved to Mound four years ago. Hurd said she contacted the Link's about their light and got a very rude response from Link. Hurd said Ms. Link told her the Link's would address her concerns. Hurd said nothing was done. Hoversten said, in his opinion, this is commercial lot lighting and this high level of lighting of a residential property can be addressed by the Council. Hoversten added the light is on the land and illuminates not only the land but the dock and out into the lake so neither the Hennepin County Water Patrol nor the Lake Minnetonka Conservation District would be able to respond to the nuisance. Hoversten the code language was amended to allow the Council to respond to this type of nuisance. Ed Rockwell, 4888 Edgewater Drive, complained about the light being on all night and is present even during the winter. Rockwell said he wants the light to be shrouded and to illuminate only Link's own property. Rockwell said the neighbor of Link knocked down the light when doing tree trimming on his property rather than Link's version in which he voluntarily took down the second light. Hoversten said the Council can address the resolution again on June 28th if Link doesn't comply A. Requested Action: it Mound City Council Minutes — June 14, 2022 MOTION by Velsor, seconded by Holt, to table the following resolution to the June 28, 2022 City Council Meeting. All voted in favor. Motion carried. APPROVAL OF RESOLUTION NO. 22- DECLARING A PUBLIC NUISANCE AND AUTHORIZING AN ENFORCEMENT ACTION TO ABATE THE NUISANCE 12. Review/discussion of City Code Sec 42 (nuisances) related to noxious weed and grass height regulations and City process for notification and abatement to include any required Council action Drilling presented the nuisance code on noxious weeds and grass height and the process he follows to respond to these problems. Drilling said these issues come before staff through complaints and Drilling said the property owner is given 10 days to mow or trim the weeds on the property. Drilling said that after the 10 days have passed and the nuisance wasn't corrected, he will schedule the City abatement vendor to respond which generally takes another 10 days, dependent on the weather. Drilling added the property owner is then billed for the work. Drilling said there is a way he can tighten up the response to these nuisances. Drilling said he could notify the property owner and Beniek Property Services at the same time. Drilling said he will go out a day before the mow date to determine if Beniek needs to respond. Drilling said one warning a season is given to a property owner and then Beniek is summoned immediately if the property returns to being a nuisance. Salazar asked about the charges from Beniek. Drilling said last year a property is charged $150.00 and the City inspection fee is $68.62 x 2 assessments, so the total fee is typically $287.00. Velsor and Salazar said that Drilling should take photos of his notice postings in order to respond with documentation to the excuses from property owners that they didn't get the notice. Velsor asked Drilling how many complaints are currently active. Drilling said there are six or seven complaints from neighbors which are active. Velsor said the City should have a frequent offender list to respond to more effectively. Hoversten said there is a list and the process renews each season and the City will act on properties where the nuisance is most obvious and habitual. Velsor said Mound will never take the next step as a city if these types of properties don't get taken care of. Hoversten said accelerating the timeline on the enforcement process will show the seriousness of the City. Hoversten said the 10-day lead time was a previous Council decision. Drilling said some of the properties have a renter who may not be fulfilling their rental agreement. Drilling said in these instances he will post notice on the property and contact the landlord as well. Holt asked how many problem properties were mowed last year. Drilling said there were four properties and a number which were noticed but did the correction before the abatement. Drilling said there are six or seven this year and some owners are responding positively to the notices. Drilling and Holt discussed the prevalence of nuisance residential properties and Drilling said this year there are more commercial properties than typical. Velsor said giving 10 days for correction and to streamline the process is good 13. Information/Miscellaneous `vA Mound City Council Minutes — June 14, 2022 A. Comments/reports from Council members/City Manager: Velsor said he attended the Fire Commission meeting and there was discussion on the Fire building loan coming off of the books this year. Velsor said there was discussion at the meeting about the needs of the Fire Department (MFD) which can be addressed after the building is paid off. Velsor said there are a couple of request items to increase Fire Fighters hourly wage and an increase of the pension benefits. Velsor said the City of Eden Prairie did a metro -wide report of Fire Departments and found that Mound was at the bottom of both pay and pension benefits. Velsor said he thought the pension was higher and was embarrassed especially when the Mound Fire Department is such an asset to the community and one of the best around. Velsor said he wants to address this and it is beyond time to take care of the MFD members. Hoversten said procedural changes to the pension are brought forward as individual items before the Council. Hoversten said there will be a pension discussion coming forward and the pay discussion will be addressed in the Fire Department budget starting in August. Hoversten and Velsor said that MFD members were at the bottom for pay and near the bottom for pension benefits. Hoversten said the City can't have the lower pay structure because there needs to be more incentive to attract new members who will stay on and work toward receiving pension benefits. Hoversten said this will be how the City preserves the value of the volunteer MFD. Salazar and Drilling discussed the number of Fire Department staff which is currently at 38. Salazar said the Fire Department has an incredible esprit de corps and the Council needs to address this and not take these quality people for granted. Velsor said there was $110K in revenue derived from the Fire Relief Fish Fry. Drilling said it may have been the most successful event they've held. Larson said the fish fry started when Island Park and Mound were separate cities and the Island Park Fire Department would hold a bass fishing derby on the third weekend in June at Al & Alma's. Larson said there was all the extra bass left over from the fishing tournament and Al and Alma would hold a fish fry. Velsor said the service group emblems are not up on the new Mound entrance sign. Hoversten said staff are working on the design of a different structure and it will be located 50 feet to the west of the City of Mound sign. Hoversten said he and the Public Works Superintendent are working on the sign design which will be illuminated by an existing street light. Discussion ensued regarding the design of the monument and the placement of the service group signs. Hoversten said it will be similar to the previous monument. Velsor asked about adding a pedestrian crosswalk to the intersection of Brighton Blvd. and Tuxedo Blvd. Velsor said there are families with young kids on bikes that are trying to cross at that intersection. Velsor asked if there is escrow for Domino's. Hoversten and Smith discussed there isn't an escrow but the City can pull Domino's temporary Certificate of Occupancy if they don't finish their landscape work. 13 Mound City Council Minutes — June 14, 2022 Discussion resumed on a crosswalk being installed on Tuxedo Blvd. and Brighton. Hoversten said he will work with Bolton and Menk to determine if this will work. Motion by Velsor, seconded by Holt to request a crosswalk be installed at Tuxedo Blvd. at Brighton Blvd., all voted in favor. Motion carried. Salazar said there is a petition to name the bridge over the Seton Channel after Eli Hart who lost his life on the 20th of May. Salazar said this is a good idea but Shoreline Drive is a County Road. Salazar said he is waiting for the petition and will recommend to the County through a Council letter that a raised placard be placed on the bridge in memory and recognition of Eli Hart. Hoversten provided a schedule of upcoming events in the Community: • Rockin' the Block on June 18th • Skateboard Event at Zero Gravity on June 26th • Spirit of the Lakes, July 21-23 • Night to Unit - August 2nd • Primary Election — August 9th • City Council Meeting Rescheduled to August 10th • Last page of the packet includes Hans Hummel letter about the Wolner Field scoreboard now operational. Pugh asked people to visit the pollinator park which was planted last year. B. Reports: Finance Department —April 2022 Liquor Store —May 2022 C. Minutes: D. Correspondence: LMCD Updates Gillespie Center "Rockin' the Block" Flyer Met Council 2022 Population and Households Estimates Email from Hans Hummel RE Wolner Field Scoreboards 14. Adjourn ACTION by Velsor, seconded by Holt, to adjourn at 10:38 p.m. All voted in favor. Motion carried. Attes . vin Kelly, Jerk 14 Mayor Raymond J. Salazar