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2023-04-25 CC Meeting MinutesMOUND CITY COUNCIL MINUTES April 25, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 25, 2023 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Jason Holt, Council Members, Sherrie Pugh, Paula Larson, Kathy McEnaney and Kevin Castellano. Members absent: None Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, City Engineer Matt Bauman, City Attorney Scott Landsman, Metropolitan Council Member District 3 Dr. Tyronne Carter, James Dolan, Tim Nichols, Lowell Jaeger, Lorre Colburn, Peter Fuhr and Becca Boser. 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 Holt called the meeting to order at 7:02 p.m. 2. Pledae of Alleaiance 3. Approve agenda MOTION by Larson, seconded by Pugh, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Larson, seconded by Castellano, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $444,482.15. B. Approve minutes: 04-11-23 Regular Meeting C. RESOLUTION NO. 23-41: RESOLUTION APPROVING PERMITS FOR 2023 MOUND FIRE DEPARMENT RELIEF ASSOCIATION FISH FRY AND DANCE ON JUNE 3, 2023 AND WAIVING FEES DUE TO PUBLIC PURPOSE OF GATHERING D. RESOLUTION NO. 23-42: RESOLUTION APPROVING DRIVEWAY AGREEMENT 5. Comments and suggestions from citizens present on any item not on the agenda. Lowell Jaeger, 2670 Commerce Blvd., said he is addressing the Council regarding the upgrading of the boat launch at Surfside. Jaeger said he was a MN DNR trail supervisor in the Brainerd area. Jaeger said he puts in his boat at the launch four or five times a week and said Surfside Park is wonderfully maintained. Jaeger said the ramp is deficient and needs to be repaired on the upper end as well as in the water. Jaeger said the launch ramp should be at a 15% slope. Jaeger said everybody who uses the ramp needs to get out of their vehicle and get in the water to crank up their boat. Jaeger said there is a simple fix to the problem and the City Mound City Council Minutes —April 25, 2023 can get a DNR permit for a public access dock. Jaeger said the slope of the lake bottom should be redone and the launch dock should be placed closer to the access. Jaeger said he is asking the Council to make this a regular agenda item for discussion at a future meeting in order to direct staff to fix the ramp. Holt asked Hoversten about the time frame to fix the launch. Hoversten said the vendor has not been responsive so Staff is looking at alternatives. Hoversten said the City would have to go through the full permit process with the DNR to make the changes Jaeger suggests. Hoversten said the City would have to close the ramp until the fall to make the change to the ramp which Jaeger had proposed. Hoversten said the ramp is unusable in its current condition. Holt said he understands the question about the slope. Hoversten said the lake bottom contours/slope at the ramp would need to be modified and require continual maintenance to maintain the slope as opposed to the natural contour of the lake bottom. Hoversten said the ramp was designed by the DNR and the DNR is willing to help out with 5' planks but the City ramp is designed for 18' planks which the DNR doesn't have available. Hoversten said the City would like to use existing materials and reset the planks to get the ramp opened up to the public. Jaeger said people using the ramp expect correctness and for the public access to be fixed. Hoversten said the DNR has been out to the ramp and they would only provide the five-foot planks which do not work for the Surfside launch. Peter Fuhr, 2133 Village Trail, said he lived in Mound from 1974-2000 and moved back to town four years ago. Fuhr said he would like to see the Dakota Trail crossing addressed as it is a dangerous crossing. Fuhr said he hasn't seen any progress on the trail crossing and would like to see a flashing light to stop the traffic. Fuhr said he is the only driver who does 30mph on Shoreline Drive. Fuhr said he is an avid bicycle rider and doesn't want to see people getting hurt at the crossing. Holt and Fuhr discussed how difficult the Shoreline Drive/Dakota Trail crossing is. Holt said the project to put in the crossing is delayed until 2024 due to Metropolitan Council work on Shoreline Drive. Fuhr asked if the Andrew Sisters Trail will still be used after the Artessa Development begings and if bus service will return to Mound. Holt said the bus service was canceled in the fall. Hoversten said the City has requested the bus service return and this route be prioritized as the City which has no other service. James Dolan, 2280 Cottonwood Lane, said there is iron contamination in the City water. Dolan showed a water sample which he said was from his faucet last night. Dolan said there is a lot of particulate matter in the water and it happens every time there is a water main repair problem or the hydrants are flushed. Dolan said a water treatment plant won't do anything about iron contamination. Dolan said the problem is the aging infrastructure/piping in the City. Dolan said he worked for 18 years in plumbing wholesale and water testing for water filters and softeners. Dolan said the iron oxide congeals inside water softeners and becomes a hardened mass which causes water softeners to not be effective. Mound City Council Minutes —April 25, 2023 Dolan suggested the City should do hydrant flushing from Midnight to 4:00 a.m. like it was done in the past. Dolan said the City should notify residents of hydrant flushing activity when in specific areas. Holt said the City has a notification system called RAVE and that he did get a notification of the City hydrant flushing activity. Hoversten said it is difficult to specifically notify residents of a particular time as hydrant flushing is variable and dependent on localized conditions. Hoversten said the contractor doing the watermain work on Lynwood Blvd. may not have been following directions properly and explained how the City water hydrant flushing is conducted to reduce sediment flows. Hoversten said the City only flushes once a year in the spring. Hoversten said more sediment builds up during the winter because there is lower demand for water. Hoversten said the summer time frame has greater water usage which causes less sediment to build in the infrastructure. 6. Dr. Tyronne Carter Metropolitan Council Member, District 3 Dr. Carter addressed the Council by saying he has met with the Mayor and Council Member Pugh. Carter said he was appointed by Governor Walz and noting his seat on the Met Council has been vacant for over a year. Carter added he is a 19-year resident of Minnetonka and a Rotary member. Carter said he is a small business owner which provides STEM enrichment programs to schools and other organizations. Carter said Met Council members only work part-time which turns into a full-time commitment. Carter said his goal as a Met Council member is to listen and learn and to work hard on your behalf. Carter said he is meeting one-on-one with as many of the 17 Mayors of the cities he represents to gain insight into major issues and common city concerns in District 3. Carter said he has a Masters Degree in Public Administration and has been appointed to serve on the environment committee and will apply his background as a K-8 Science Teacher and STEM instructor. Carter said he was a Diversity Program Director in St. Paul and Minneapolis, has worked on contract law and is a certified paralegal. Carter said he is on the Green Line extension committee which is key for people to get to jobs and reduce greenhouse gases and to attract people to live in our area. Carter said the Met Council will be restoring bus route 645 service to Mound. Holt said he, Pugh and Carter talked about five items: Bus services/transportation, Hennepin County Library, Dakota Trail Crossing/sewer lining project, elected Metropolitan Council representation rather by appointment and the City Comprehensive Plan Health Check. Holt said the City has issued a one- year moratorium on multifamily development and hopes the Met Council can fast track its response to the Comprehensive Plan Health Check. 7. Consideration/action on request from Lifestyles Communities, LLC to approve Second Amendment for Development Agreement for Mound Harbor 2nd Addition Hoversten said Lifestyles Communities is requesting an extended timeline to the Development Agreement as they are waiting to square away their HUD financing insurance. Hoversten said the extension specifies June 30, 2023 deadline for start of construction and the document has been reviewed by the City Attorney. Hoversten said Tim Nichols is on hand to address questions or concerns of the Council Mound City Council Minutes — April 25, 2023 Tim Nichols, Lifestyles Communities, addressed the Council and McEnaney asked if Artessa has reached 60% of units sold. Nichols said the 60% pre -sales have been achieved and they are waiting on the closing with HUD. Nichols said the prices of units go up after construction starts so his team is urging clients to make the best buy for themselves. Nichols said the Artessa sales team is working their way to 65% of sales. Nichols said Lifestyles Communities is waiting on HUD approval with a tentative date of May 30th to have HUD complete their work and to have financing lined up with their lender in order to begin construction. MOTION by McEnaney, seconded by Castellano, to approve the following resolution. McEnaney, Castellano, Pugh and Holt voted in favor. Larson voted no. Motion carried. RESOLUTION NO. 23-43: RESOLUTION APPROVING SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR MOUND HARBOR 2ND ADDITION 8. Discussion and approval of the THC retail establishment licensing ordinance and repeal of moratorium on sales with the City of Mound Hoversten said there was discussion during the July 2022 City Council meeting regarding the legislative passage of the THC Delta-9 bill and a moratorium was put in place by the Council to study the issue further. Hoversten said additional Council discussion took place at the February 28th regular meeting on options to respond to the THC legislation, including: put in place a THC licensure protocol, allow the moratorium to expire and rely on State regulation to govern local activities, or put together code language to allow for licensure by the City which is limited to retail outlets in downtown districts. Hoversten said the prior discussion also addressed regulating placement of products to only being sold and displayed behind a counter and to regulate these locations by their proximity to schools. Hoversten said Landsman put together the code language to address the concerns of Council and also to repeal the moratorium. Hoversten said the ordinance will allow businesses to be licensed with a one-time $500 application fee/background check and an annual license fee of $500, which is comparable to lowest cost liquor license fee in the City. Hoversten said the recently passed and ultimately final State legislation may affect the code language which will be adjusted accordingly. Holt said the vote in the MN house was 71-59 in favor of marijuana legalization which will be voted on in the MN Senate on Friday. Holt noted local control was not in the bill. Hoversten said there is personal use in the legislation but manufacturing of product would be most likely available and will be sold as retail type sales. Landsman said the current law of the land is what the proposed ordinance is responding to. Landsman said he has looked at the house legislation which passed today and could take effect on July 1, 2023. Landsman said the legislation would have State licensure and the City could have registration but it isn't clear what form this will take. Landsman said a business will hold a State license and the City will have to allow registration. Mound City Council Minutes — April 25, 2023 Discussion ensued on understanding what the proposed THC registration means for the City and local control, which centered on a business holding a license and where and what could be sold. Discussion continued in regards to what entity would regulate use such as the County, City or State. Landsman said the legislation from 2022 on THC didn't allow for much regulation of sales and that was why cities like Mound passed moratoriums and now cities are determining how to move forward with or without moratoriums. Landsman said if the City passes the code language before the Council there can be penalties for compliance check violations as the current state of the law allows cities to regulate. Discussion ensued about the current regulation of THC product manufacturing. Hoversten said the current laws require that the Delta-9 product must be Minnesota (MN) grown, licensed, manufactured and retailed in MN under the regulation of the Department of Pharmacy (DOP). Hoversten said City licensure would allow for the City to regulate sales in the City and the current challenge is that the DOP will have difficulty overseeing labeling, marketing and enforcement. Hoversten said the City needs to understand the pending legislation and what State registration means regarding personal use of marijuana. Hoversten added the legislation will need to be reviewed on both THC and Delta-9 THC and whether the legislation will allow these two different types of products to both continue together. Landsman said City can operate under the current rules and the Council doesn't have to wait for future State legislation to pass the code amendment. Landsman said surrounding cities are allowing retail sales and the City wants to provide businesses the license to open a retail store. Landsman said the code amendment is needed so no person can sell a THC product that doesn't meet the code requirements around packaging. Landsman said the local enforcement mechanism is present in the proposed code amendment. Castellano and Holt said the Orono Police Department would like the local control language to be in place. Hoversten said the City can stop sales of THC as it is being done currently through the moratorium but ultimately, prohibition doesn't work. McEnaney said she read the code amendment document and it is pretty thorough and meets the discussion points. Landsman said the code amendment mirrors tobacco 21 rules and will not allow sales from a mobile business, through vending machines, or allow any on -site consumption. Larson said there are sales kiosks set up at Surfside Park where jet skis are rented out and she is concerned about THC sales from vans or from a picnic table in Surfside Park. Landsman said regulation is in place in the code language to address this type of activity. Pugh asked if the Orono Police Department have the staff in place to regulate these new businesses. Discussion ensued regarding law enforcement and the testing of impairment of drivers which isn't in place at this time. A. Approve an Ordinance Amending the Mound City Code, Chapter 38 — Licenses, Permits, and Miscellaneous Business Regulations, by Adding Article VII, Tetrahydrocannabinol Products, Establishing Licensing for the Sale of the Tetrahydrocannabinol Products Regulated by Minnesota Statutes Section 151.72 and Repealing City Ordinance 06-2022 MOTION by Castellano, seconded by McEnaney, to approve the following ordinance. All voted in favor. Motion carried. Mound City Council Minutes —April 25, 2023 ORDINANCE NO. 06-2023: AN ORDINANCE AMENDING THE CITY OF MOUND CODE. CHAPTER 38 - LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, BY ADDING ARTICLE VII TETRAHYDROCANNABINOL PRODUCTS, ESTABLISHING LICENSING FOR THE SALE OF THE TETRAHYDROCANNABINOL PRODUCTS REGULATED BY MINNESOTA STATUTES SECTION 151.72 AND REPEALING CITY ORDINANCE NO. 06-2022 B. Approve Resolution Approving Publication by Title and Summary Pursuant to Min Stat 412.191, Subd 4 of an Ordinance Amending the Mound City Code, Chapter 38 — Licenses, Permits, and Miscellaneous Business Regulations, by Adding Article VII Tetrahydrocannabinol Products, Establishing Licensing for the Sale of the Tetrahydrocannabinol Products Regulated by Minnesota Statutes Section 151.72 and Repealing City Ordinance 06-2022 MOTION by McEnaney, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-44: RESOLUTION AUTHORIZING PUBLICATION BY TITLE AND SUMMARY PURSUANT TO MINN. STAT. §412.191, SUBD. 4 OF AN ORDINANCE AMENDING THE MOUND CITY CODE, CHAPTER 38 - LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, BY ADDING ARTICLE VII TETRAHYDROCANNABINOL PRODUCTS, ESTABLISHING LICENSING FOR THE SALE OF TETRAHYDROCANNABINOL PRODUCTS REGULATED BY MINNESOTA STATUTES SECTION 151.72 AND REPEALING CITY ORDINANCE NO. 06-2022 C. Approve Resolution Amending City of Mound Resolution No. 22-108 Establishing Tetrahydrocannabinol Products Retail Establishment License Fees MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-45: RESOLUTION AMENDING THE CITY OF MOUND RESOLUTION NO. 22- 108 ESTABLISHING TETRAHYDROCANNABINOL PRODUCTS RETAIL ESTABLISHMENT LICENSE FEES 9. Discussion and action on a Resolution awarding 2023 sewer televising work A. Approve Resolution awarding Contract for 2023 Sewer Televising Project (PW-23-04) Matt Bauman, Assistant City Engineer, said the City received four bids and Pipe Services out of Shakopee was the low bid. Bauman added that Pipe Services did work for the City last year and noted the televising will take place in the Highlands area. Bauman said he recommends Council approval of the contract to Pipe Services. MOTION by Larson, seconded by McEnaney, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-46: RESOLUTION AWARDING CONTRACT FOR 2023 SEWER TELEVISING PROJECT (PW-23-04) Mound City Council Minutes — April 25, 2023 10. Comments/Reports from Council Members: Council Member Pugh said she and the Mayor met with new Met Council rep. Dr. Carter. Council Member Larson said Tim Lovaasen, former Council Member and Mayor passed away recently. Council Member McEnaney gave the following updates from a WCC meeting she attended: • 2023 Music in the Park returns with shows on June 8th, July 20th and August 10t" • There is a Hennepin County survey for resident feedback on the new library. • The Eli Hart Foundation Fundraiser is scheduled for May 20t" • A new fishing supply store is opening up next to Snap Fitness in Spring Park. • WCC is seeking sponsorships of $250 for Music in the Park Hoversten noted library planning discussions with Hennepin County are scheduled for tomorrow. Council Member Castellano — Nothing Mayor Holt gave the following updates: • He attended the Gillespie Center `Meet the Mayor' event today with 15-20 people attending. • He toured WeCan today. • The City's request for $4Million has been endorsed by both Senators of MN and Congressman Phillips and will be reviewed by the U.S. House Appropriation Committee with a potential award by late June or early July. • Encouraged residents to sign up for RAVE notifications from the City. • Hennepin County open book meeting is scheduled for April 26t" from 3-7:00 p.m. 11. Information/Miscellaneous A. Comments/reports from Council members/City Manager Hoversten highlighted the following dates: • May 1 It — City Hall summer hours return • May 4t" — Long range planning and department reports • May 161" — Comprehensive Plan amendment meeting with Planning Commission • May 6t" — Community Cleanup Day in Minnetrista • May 20t" — Mound Farmers Market and More and Eli Hart Fundraiser • June 31— Mound Fire Association Fish Fry and Harrisons Bay Assoc. rain barrel event B. Reports: Engineering — 1st Quarter, 2023 Fire Department Activity Report — March 2023 Metro Mosquito Control Pre -Season Press Release C. Minutes: January 12, 2023 — Parks and Open Spaces Commission Minutes D. Correspondence: 12. Adjourn ACTION by Pugh, seconded by McEnaney, to adjourn at 8:59 p.m. All voted in favor. Motion carried. Mayor Jason R. Holt Attest: in Kelly, Jerk