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2023-05-23 CC Meeting MinutesMOUND CITY COUNCIL MINUTES May 23, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 23, 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, Community Development Director Sarah Smith, City Planning Consultant Rita Trapp, Assistant City Engineer Matt Bauman, Phil Velsor, Jason Zattler, Therese Frenette, Tom Frenette, Marc Doepner-Hove, Phoebe Osborne, Amy Bacon, Nick Bacon, Layney Bacon, Lizzie Bacon, Stacy Roxberg, Gene Hostetler. 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 7:00 p.m. Holt announced the State legislature passed its spending bill which includes $10.3M for the City's new water treatment plant. Holt added the legislation is waiting for the Governor's signature. 2. Pledge of Allegiance 3. Approve agenda Hoversten added item 9.1, AIS Ambassador Program at Surfside Park Boat Launch, pages 1070.1 to 1070.7 to the agenda. MOTION by Larson, seconded by Pugh, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Larson, seconded by Pugh, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $310,633.98. B. Approve minutes: 05-04-23 Special Meeting Workshop 05-09-23 Regular Meeting C. RESOLUTION NO. 23-52: RESOLUTION APPROVING APPLICATION TO CONDUCT OFF -SITE GABLING PERMIT FOR AMERICAN LEGION POST 398 Mound City Council Minutes — May 23, 2023 D. RESOLUTION NO. 23-53: RESOLUTION APPROVING SPONSORSHIP AS RELATED TO THE SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION FOR THE 2023/2024 SEASON E. PULLED 4E. Approve Resolution Approving Lawful Gambling Permit Application by the Mound Westonka Hockey Association for Commerce Restaurant Group, LLC at 2230 Commerce Blvd. Jason Zattler suggested when gambling permit applications are processed/approved they should be for an open business. Zattler asked if the restaurant business has received their liquor license yet. Hoversten said staff contacted MN Alcohol and Gambling Enforcement (AGE) and they said they will hold the application for the gambling permit until the restaurant opens but AGE requires City Council approval via resolution as an element of the application. Zattler said this is putting the cart before the horse. Castellano said AGE will hold final approval until they have all that is needed. Zattler again said the business needs to be open first. Holt said they can't gamble if the business isn't open and nothing would go forward. Landsman said AGE can give a conditional approval and the AGE Board can issue the permit if the restaurant opens. Larson asked if the benefits go to the Mound Westonka Hockey Association to which Castellano said yes. MOTION by Castellano, seconded by McEnaney, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-54: RESOLUTION APPROVING LAWFUL GAMBLING PERMIT APPLICATION BY THE MOUND WESTONKA HOCKEY ASSOCIATION FOR COMMERCE RESTAURANT GROUP, LLC AT 2230 COMMERCE BLVD. 5. Comments and suggestions from citizens present on anV item not on the agenda. Phil Velsor, 3232 Gladstone Lane, wondered if the MN DNR could put in a fishing pier on Black Lake along the County Road in the area of the bridge to Spring Park. Hoversten said there is a program for fishing piers in partnership with the City. Hoversten said this is County Right of Way and they would need to agree. Discussion ensued about the County Road shoulder and parking by people fishing along Wilshire Blvd. Velsor said he was worried about how close the people fishing are to the road. Velsor asked if anything can be done about Walgreen's parking lot which needs to be cleaned up. Velsor said the ADA stripping has worn away and the truncated domes are falling apart. Velsor said he would like to see pressure put on Walgreen's to get that done. Mound City Council Minutes — May 23, 2023 6. Mayor for Day essay winners Holt said he reached out to the Grandview Middle school staff and after discussion decided to do a `Mayor for a Day' essay contest. Holt said two of the three students who wrote winning essays are here. Phoebe Osborne presented her essay to the City Council and to those in attendance. Mayor Holt read Lizzie Bacon's essay for Lizzie who was also in attendance. Mayor Holt presented participation awards to Phoebe and Lizzie. Larson read Nolan Biehl's essay to those in attendance. a. Phoebe Osborne: Parents: Benjamin and Melissa Osborne b. Lizzie Bacon: Nicholas and Amy Bacon c. Nolan Biehl: Parents: Matthew and Christine Biehl 7. City Council public hearing to consider Conditional Use Permit for Shoreland Planned Unit Development request for mixed use building remodel/addition project 2603 Commerce Boulevard (Planning Case No. 23-07) Applicant: Triple S Company Trapp, City Planning Consultant, said the subject property is zoned mixed use corridor district within the Shoreland Planned Unit Development. Trapp said the project needs a Conditional Use Permit for the expansion of the existing structure which has been used for commercial purposes for over 40 years. Trapp said the development would include construction of a second floor for two apartments above the current space which will become a two -unit garage for the residents of the apartments. Trapp said the applicant is in the process of completing a Wetlands Delineation. Trapp said a buffer will not be required by the Minnehaha Creek Watershed District due to the wetland behind the site and also Lake Langdon. Trapp said the historic use of the property as a gas station/auto repair business would require a Response Action Plan (RAP) through the MN Pollution Control Agency (MPCA). Trapp said if there is contaminated soil and water uncovered or disturbed it will need to be properly managed and is a process overseen by the MPCA. Trapp said the mixed use district does allow for apartment dwellings. Trapp said the building is outside of the flood plain and the proposed two units meet the minimum size requirements for an apartment. Trapp said the property has multiple driveways on Commerce Blvd. and Hennepin County (HC) would like to eliminate one driveway. Trapp said staff and the applicant hope to keep two driveways due to circulation on the site and having both a residential and commercial use. Trapp said the project will be required to have a minimum number of nine stalls on the site. Trapp added there is room for nine stalls and the final number of parking stalls will be addressed through the planning process. Trapp said there will need to be a Landscaping Plan submitted with at least two trees added to the site. Trapp said there are water, sewer and stormwater utilities present and the applicant is required to make the appropriate connections to these services. Trapp said there were no comments received before the Council Meeting from neighbors nor before or at the Planning Commission (PC) Meeting on May 2nd. Trapp said the CUP was unanimously approved by the PC. Mound City Council Minutes — May 23, 2023 McEnaney asked about the exterior design in the project plan. Trapp said this can be brought forward by the Council noting the developer has provided architectural plans. Trapp said the Council can ask questions of the developer. Pugh asked if the site needs two entries as there is an awful lot of entryways for autos and the site is less than pedestrian friendly. Trapp said it is a small site and Pugh's comments can be acknowledged regarding the walkway and what is the better approach. Pugh said the commercial business could still be a garage and whether six of nine parking stalls are reserved for the business. Pugh also wondered about overnight parking and how this would impact the walkway. Pugh said this development would be an opportunity for a consistent design with neighboring improvements although she is skeptical about the site configuration and use. Trapp said existing CUP's run with the property including the former U-Haul business being one of former uses. Mayor Holt opened the public hearing at 7:34 Mayor Holt closed the public hearing at 7:34 Stacy Roxberg, 1551 Canary Lane, addressed the Council. McEnaney asked if Roxberg has a vision for the site as there is a great opportunity to make the building look nice. Roxberg said the design plan will include vintage glass doors, redoing the front window, changing the existing cinder block to a stone veneer and using cedar shake on the upper level. Roxberg said it is in more of a vintage fashion to make it look like the former gas station that it was. Gene Hostetler, 6168 Sinclair Court, said he is the project architect and he worked at the site in 1965 when it was a Phillips 66 Station. Hostetler said the project design was fun especially working on the sloped windows. Hostetler said it was a full -service station at the time he worked there. Hostetler loves the design of the building and said it is going to be nice. Holt asked about the project start time. Roxberg said it should start at the end of August after approvals. Hostetler said there is ample parking on one side of the lot for seven spaces. Larson asked about the previous CUP's and understands there is a need for nine spaces. Larson said what if the U-Haul comes back or there are cars waiting for repair. Trapp said the nine spots would be operational spaces and there would need to be more spaces if there was an auto related use. Trapp said the builder would need to bring back a new parking plan to adjust the parking count. Trapp said she would count the two inside parking spaces if the building is a car repair shop. Sarah Smith said there would be eleven total if the two inside are included. Requested Action: Approve Resolution No. 23-55 Approving Conditional Use Permit for Shoreland Planned Unit Development at 2603 Commerce Boulevard for Mixed Use Building Remodel/Addition Project at 2603 Commerce Boulevard MOTION by Castellano, seconded by McEnaney, to table the following resolution. All voted in favor. Motion carried. Mound City Council Minutes — May 23, 2023 RESOLUTION NO. 23-55: RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR SHORELAND PLANNED UNIT DEVELOPMENT AT 2603 COMMERCE BOULEVARD FOR MIXED USE BUILDING REMODEL/ADDITION AT 2603 COMMERCE BOULEVARD PLANNING CASE NO. 23-06 8. City Council hearing in its capacity as Board of Adjustment and Appeals, to consider request from Ryan Bortolon, owner of property at 1665 Bluebird Lane, to appeal Community Development Director's determination that the property does not have lawful, nonconforming status for short term home rental Smith presented the appeal request for the lawful, non -conforming status for the property. Smith said notice was posted prior to the meeting. Smith added that Bortolon is not present at the meeting. Smith said the Council discretion would be to either rule on the matter or to table the item. Smith said she extended the meeting notice to Bortolon. Holt said he would like to give the applicant one more chance to address the Council. Castellano asked what would happen if the City doesn't make a decision regarding the non -conforming use. Smith said staff were informed they couldn't stop the short-term renting unless there is a decision by the Council although neighbors can report nuisances on the property. Larson said if the Council voted to approve the resolution tonight, would the applicant be able to rent the property noting Memorial Day weekend is approaching. Smith said once a decision is made by the Council the property owner would not be allowed to operate a short-term rental based on the resolution and this would be a code violation and would be followed up on by City staff. Landsman said the property becomes subject to code enforcement and the process never seems quick but the City needs to start somewhere. Landsman said this will start when the Council makes a determination on this item and it would be treated as any other code violation process. Requested Action: Approve Resolution No. 23- Affirming Community Development Director determination that property at 1665 Bluebird Lane does not have lawful, nonconforming status for short term home rental MOTION by Castellano, seconded by McEnaney, to table the following resolution until June 13th. McEnaney, Pugh and Castello and Holt voted in favor. Larson voted no. Motion carried. RESOLUTION NO. 23- : RESOLUTION TO AFFIRM COMMUNITY DEVELOPMENT DIRECTOR DETERMINATION THAT THE PROPERTY AT 1665 BLUEBIRD LANE DOES NOT HAVE LAWFUL, NONCONFORMING STATUS AS A SHORT-TERM HOME RENTAL 9. Jason Zattler requesting discussion on 2345 Commerce Blvd sidewalk condition Zattler said he is speaking before the Council to resolve the issue of the sidewalk at his commercial property that was affected by a water main break which caused water to run into the building. Zattler said his two tenants, a salon and a chiropractic office, use the area of the building where the leak occurred. Zattler said there is a lip on the sidewalk which is unsafe and customers at these businesses could trip. Zattler said he would like the condition of the sidewalk to be evaluated as he feels it should be replaced, noting some of the concrete cracks were not due to the water main break. Mound City Council Minutes — May 23, 2023 McEnaney said it looks like there have been concrete repairs at the site. Zattler said there was some work done but the sidewalk is continuing to sink. McEnaney asked what the action was from the City. Zattler said City staff came out to his business at short notice when he was meeting with a client. Zattler said he talked to Hoversten personally and didn't think Hoversten could do his job. Castellano said there is an evaluation of the sidewalk in the agenda packet. Zattler said he hadn't seen that and the City wasn't very good at communicating. Zattler said his concern is about the sidewalk sinking and he doesn't want customers to trip. Castellano said the solution presented in the staff memo is adequate and he would like to hear from Bolton and Menk. Matt Bauman, Assistant City Engineer, Bolton and Menk, said this work is on the repairs list. Bauman said he has reached out to contractors and is trying to address the sidewalk as quick as they can. Bauman said concrete contractors can be unpredictable. Bauman said the contractor, on short notice, gave a "heads up" to Public Works Superintendent Ryan Prich and a staff from Bolton and Menk who met the contractor out at the site with Zattler. Bauman said due to the work not being done at that time the City will have to wait for the next phase of scheduled concrete work for Zattler's slab to be replaced. Bauman said the contractor, Safestep, will take measurements of the sidewalk and will grind out anything above'/ inch if the sidewalk isn't too damaged. Hoversten said the patch of the sidewalk would have happened last week. Hoversten said the City is waiting for the next available contractor after the Council determines how much of the sidewalk will be replaced. Hoversten said Safestep will be in town during the next two weeks to do a site assessment of slab replacement. Zattler said he didn't want the asphalt replaced with just one slab of concrete because it would create pockets which would retain water and ice and everything should be at the same grade. Zattler said trimming the edges of the concrete would still leave the areas where water would pool. Bauman said staff can look into the issue Zattler mentioned and thought they could patch the area and get the sidewalk to blend. Bauman said the patch should accomplish the repair. Hoversten said the watermain has been repaired and this sidewalk isn't the highest priority sidewalk problem in the City. Hoversten said the issue at hand is the level of service for repair work, asset management and return on investment to the damaged portion of the sidewalk. Bauman and Hoversten said the concrete work to the sidewalk will be done in tandem with the other sidewalk projects in the City. Hoversten said a concrete crew was ready to do the work on short notice but Zattler didn't want the crew there at the time they were ready last week. Hoversten said this area of sidewalk didn't need to be replaced before the watermain break. Hoversten said the City will replace one slab due to the watermain damage. Castellano and Pugh said the City has an engineering firm and if they come up with a solution the Council should follow their recommendation. Holt and McEnaney said the City responded to the watermain problem and would like to see the work done as suggested by the City engineering team. Bauman said they will get out to the site again and do an assessment. 9.1 AIS Ambassador Program at Surfside Launch Mound City Council Minutes — May 23, 2023 Hoversten said Ben Brandt, from Waterfront Restorations is not able to attend. Hoversten said Hennepin County has authorized the AID Ambassador program for another year. Hoversten added the data gathered will be used to study best practices and do continued analysis. Hoversten said the Surfside Launch has the lowest voluntary compliance rate due to the heavy use of Personal Water Craft (PWC). Hoversten noted the PWC typically don't go into another body of water and are there other factors for the non-compliance. Hoversten said Waterfront Restoration has asked the City's permission to be vendor again and Landsman has reviewed the agreement. Hoversten said the AIS Ambassador Program is for observation and education and is not inspection based. Hoversten said the program will not attempt to turn away boaters. Holt said he has interacted with the Ambassadors at Surfside Park and found them to be very nice and they are educational. MOTION by McEnaney, seconded by Larson, to approve the Consent to Enter and Waiver of Trespass Agreement and to authorize the Mayor and City Manager to execute an agreement with Waterfront Restoration for their AIS Ambassador Activity on behalf of the City. 10. City Manager Eric Hoversten requesting discussion and action on a Resolution Authorizing Purchase of a new Street Sweeper Hoversten said the City has a Pelican mechanical sweeper used in the fall and spring for heavy leaf material and a Tymco sweeper that simulates a vacuum cleaner unit which is used during the summer for the lighter material which lands on streets. Hoversten said the City has been adding to the capital equipment reserve fund since 2018 to have funds ready to replace major equipment like the Pelican Sweeper and avoid spikes in the levy. Hoversten said staff thought the Pelican was a 2006 model but when it was being repaired the vendor said it is actually 1996. Hoversten said the vendor needed $50,000 to repair the Pelican which is not cost effective. Hoversten said a life cycle cost analysis was done and found it is more cost effective to buy new with good warranty coverage than to buy a used vehicle. Hoversten added that buying new makes financial sense and is asking the Council to approve the purchase a new sweeper for $295K which will come from the capital equipment reserve fund. Castellano asked how long was the warranty good for to which Hoversten said would be for a year or two. Holt and Hoversten discussed the three options presented comparing the costs of used versus new. Hoversten said the resale value at the end -of -life cycle of a new unit allows the City to get on the top of the value curve with less maintenance costs. Holt asked about the lower cost options presented in the memo. Hoversten said the vehicle has added option items which has bumped the cost to $295K. Castellano asked about other vehicles and their cost to which Hoversten said the base model cost is about $250K. Hoversten said the City needs the options which boost the cost to $295K. Holt said he noticed the equipment replacement plan for 2023 had budgeted for $32K and did staff think the Pelican was going to last until 2026. Hoversten said the Pelican has been at its life cycle end. Holt said the money is available in the fund. Hoversten said the City needs a new machine to meet MS4 requirements and level of service expectations of citizens. Holt said Hoversten has made a compelling argument for a new sweeper. Mound City Council Minutes — May 23, 2023 MOTION by McEnaney, seconded by Castellano, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-56: RESOLUTION AUTHORIZING PURCHASE OF A NEW STREET SWEEPER 11. Presentation by City Engineer proposing rejecting bids for 2023 Manhole Rehab and request to approve Resolution Rejecting Bids for the 2023 Manhole Rehabilitation Project City Project PW 23-04 Bauman said the City received three bids and the lowest of them was 40% above the engineer's estimate. Bauman said staff would like to repackage the bid in the attempt to get new bids at a more acceptable level. Castellano asked about the time line and Bauman said the bid can be ready over the next two weeks and be back in front of the Council in June. Hoversten said staff need to restructure the scope of the project to pay as we go through the street fund. MOTION by Castellano, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-57: RESOLUTION REJECTING BIDS FOR THE 2023 MANHOLE REHABILITATION PROJECT CITY PROJECT NO. PW-23-04 12. Presentation by City Engineer of restructured Downtown Paver Sidewalk Replacement phasing, approval of release for bid for new "Group 3" pavements and request to approve Resolution Receiving Report and Authorizing Preparation of Plans and Specifications and Ordering Advertisement for Bids for Downtown Paver Sidewalks Replacement Project — Group 3 Bauman said in February the Council approved the Phase II plans, specifications and anticipated final approval in order to get the work done during the summer. Bauman said the planned replacement of pedestrian ramps in collaboration with the County was scheduled for this year. Bauman said the area has been surveyed and the Council approved concrete finishing for the Phase II area. Bauman said the Phase II plan was reviewed by Hennepin County and the review led to changes in the plan due to other scheduled projects along Shoreline Drive. Bauman said due to the change in scope staff would like to pivot to the Phase III area and get it out to bid this week. Bauman called this area of sidewalk Group 3. Hoversten said Hennepin County is working on sequencing ADA work at intersections. Hoversten said he is asking HC staff to offer their vision for the City which will enhance and improve pedestrian safety in Mound which will then come at the expense of vehicle traffic. Hoversten listed some of the items which have been altered; the Church Road pedestrian crossing at Commerce Blvd., the Dakota Trail crossing, Auditors Road and County Roads 110 and 15 and the pork chops at Church Street and County Road 110. Hoversten said the pivot to Group 3 will get that work out of the way in order to wait for the collaboration with HC. Bauman explained a pork chop is a bump out at the street and Hoversten said the pork chop narrows traffic lanes and shortens pedestrian crossing distance. Pugh asked about the library and Hoversten said that project is in line for 2025 or 2026 for the start of construction. Mound City Council Minutes — May 23, 2023 Bauman said the estimate of $358K is due to the project area adjustment this year noting the cost for Phase II would have been $415K and next year it will be $437K which is still within budget. Hoversten said this is intended to get the sidewalk improvement work done this year. MOTION by Castellano, seconded by McEnaney, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-58: RESOLUTION RECEIVING REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR DOWNTOWN PAVER SIDEWALKS REPLACEMENT PROJECT — GROUP 3 13. City Manager Eric Hoversten requesting discussion and action on the following Special meetings: Hoversten said he is asking the Council for a date and time preferences for the below meetings. Hoversten said the June 21St meeting will be a 90-minute review and June 22nd meeting would take about two hours for interviews. Hoversten said the Council has not had the Emergency Operations Center Tour in some time. MOTION by Castellano, seconded by McEnaney, to approve the following dates/time. All voted in favor. Motion carried. A. Wednesday, June 21, 2023, Time: 8:00-10:00 a.m. Purpose: Review vendor responses to Request for Qualifications: Strategic Planning Facilitation & Citywide Long -Range Financial Plan B. Thursday, June 22, 2023, Time: 8:00-10:00 a.m. Purpose: Optional preferred vendor interviews regarding responses to Request for Qualifications: Strategic Planning Facilitation & Citywide Long -Range Financial Plan C. Tuesday, July 25th, 2023, Time: 6:00 p.m. Emergency Operation Center Tour and Familiarization. Hoversten asked the Council to save the date and Holt and Hoversten will determine if the date will work. 14. Comments/Reports from Council Members: Council Member Pugh — Had a Parks Commission Meeting and toured City Parks which look good Council Member Larson — Attended the Fire Commission Meeting on May 11th which addressed the Fish Fry on June 3rd. Larson said this is the 70th Fish Fry and 100th Anniversary of the Fire Department Council Member McEnaney — Attended the WCC Meeting with three good speakers and touched on the August Incredible Festival, Dog Days and Food Shelf benefit Council Member Castellano — Nothing Mayor Holt — Holt and Larson spoke to the Fire Department technology improvements and McEnaney said the Mound Fire Department is one of the top 10 in the State Holt said $10.3Million in cash to the City for the new water treatment plant was passed by the legislature and is awaiting the Governor's signature. McEnaney said will this start one of the three phases of the water treatment plant plan. Hoversten said it will start the full project design and the interconnection of transmission main upgrades and the $4million from Congress, if received, will be for 2024 site prep and site utilities. Hoversten these funds will show the local and State commitment to the project to the applicable Federal Agencies. Mound City Council Minutes — May 23, 2023 Holt said the legislature also passed public safety funding which will provide Mound $41 1,000 for Public Safety to fund programs like community violence prevention and intervention programs, community engagement, Mental Health crisis response, victim services, training programs, first responder wellness and/or personnel or equipment costs. Holt added the following updates: • The Surfside Park Boat Launch is open • Hydrant flushing complete • Eli Hart Fundraiser on May 20th - big crowd in attendance and good proceeds gathered • Jaycees Shelter Update — footings are in place • Holt gave a presentation to the Rotary • Mound Fish Fry on June 3rd • Spirit of the Lakes Festival in July • Encouraged residents to sign up for RAVE notices • Pugh noted the Mound Farmers Market and More will be an opportunity for a community engagement stall to be staffed by the Council. Hoversten said the Parks Commission will be staffing the stall on June 311 10. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten announced the following: June 3rd — Harrisons Bay Association Rain Barrel Distribution Event June 3rd — Mound Fire Relief Association Fish Fry June 8th — Music in the Park Event June 25th — Skate Event at Zero Gravity Skate Park July 20th — Music in the Park Event August 1 st — Night to Unite August 10th — Last Music in the Park event for the year May 29th — City Hall Closed June 1911 — City Hall Closed July 3rd — City Hall Closed B. Reports: Fire Department — April 2023 MCES 2024 Municipal Rate Estimates Memo C. Minutes: POSC —April 14, 2023 D. Correspondence: 15. Adjourn ACTION by Larson, seconded by Pugh, to adjourn at 9:32 p.m. All voted in favor. Motion carried. Attest: in kelly,_Cterk im Mayor Jason R. Holt