2024-02-28 CC Meeting Minutes SpecialMOUND CITY COUNCIL
SPECIAL WORKSHOP MINUTES
February 28, 2024
The City Council of the City of Mound, Hennepin County, Minnesota, met in a special workshop
meeting session on Tuesday, February 13, 2024 at 6:00 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 Jesse Dickson, Deputy City Manager Maggie Reisdorf, City
Attorney Scott Landsman, City Planner Sarah Smith and City Engineer Brian Simmons.
Surfside Park Concerns
Mayor Holt stated that this topic was discussed at a February 13, 2024 Special City Council
workshop meeting. He said that at this meeting, the City Council provided the City Attorney and
staff with guidance on what tools should be reviewed and researched as it relates to monitoring
and enforcing illegal business activity at Surfside Park as it relates specifically to the parking of
business trailers and the renting of watercrafts from the park.
Mayor Holt referenced a memorandum from the City Attorney that highlighted different
scenarios and advice on various solutions. He reviewed a section of the memorandum that
provided information on requiring watercraft rental businesses to obtain a license to operate
within the city. Mayor Holt asked the City Attorney to go into more detail about that option.
City Attorney Landsman explained how a license requirement could be implemented. He
mentioned that there is a current DNR agreement that contains language that prohibits limiting
watercraft launching or retrieval activity and that any efforts that could result must be reviewed
by the DNR to ensure compliance. Landsman stated that there is a low risk, but a risk that the
City would be taking on with business licensing in that it could be seen as restricted access. He
noted however that this risk could be minimized as the City vets through the process more.
Landsman summarized that the business licensing would seek compliance in the use of city
infrastructure, ensure there is appropriate business liability insurance, and that local rules are
being adhered to. Landman referenced the City's current tree licensing requirements as a
template example.
Councilmember Castellano asked how many businesses would be impacted by a licensing
requirement.
Councilmember McEnaney stated that it would be between four and five businesses.
City Engineer, Brian Simmons, entered the meeting at 6:05 pm.
City Attorney Landsman mentioned that another concept raised by the City Council was to
relocate of expand the swimming rope towards the current dock on site. He mentioned that the
intent on moving the rope location would be to prevent or limit beach watercraft usage or
staging. He went into detail about how the Lake Minnetonka Conservation District (LMCD)
governs water surface usage and therefore if the city desires to move the rope, it may have to
ask the LMCD for permission. Landsman said that if there is no permit required by the LMCD
that the relocation could be allowed without the LMCD approval as long as the rope is within the
authorized dock use area.
City Attorney Landsman went into detail about using the Orono Police Department's CCTV
camera or the installation of a City owned CCTV camera at the park as a way to discourage City
Code violations. He explained that there is no expectation of privacy outside and therefore
cameras are allowed. He mentioned that the camera would likely serve as a deterrent for
inappropriate behavior. Landsman stated that as far as using the video footage for code
enforcement and violation actions. He stated that this has generally "untested" in the State of
Minnesota and could result in an adverse ruling if it was brought to court. Landsman said that
the camera could definitely serve as a deterrent, but again was uncertain of the legalities for
using it for enforcement action.
City Attorney Landsman reviewed the current City Code and stated that the ability to enforce the
current code is important. He said that City Code does prohibit, with exceptions, the display,
offer, or attempt to sell or rent goods, products, or services on property owned or operated by
the City when the goods, services, or products are delivered upon sale or rental. He said under
this, the current activity happening at Surfside Park is against City Code as it is a commercial
activity that isn't allowed. Landsman said that he is continuing to work with staff to determine if
any changes would be needed within the City Code as it pertains to the City's goal of
enforcement. He noted however that regardless, any violation of City Code would be processed
in a manner that would seek self -compliance. He said without self -compliance, enforcement
would include court action. Landsman talked about working on an administrative citation policy
as the city does not currently have the ability to collect a fine if it goes unpaid.
City Manager Dickson informed that the City's Field Officer and he met with the Orono Police
Department as well as the LMCD about the City's current concerns. He mentioned that the
LMCD is receiving similar concerns from other communities and are therefore in the process of
working on a licensing requirement. Dickson stated that staff if still waiting on an answer
regarding the movement of the swimming rope location. Dickson said that the Orono Police
Department stated that they are open to having an officer work a couple of weekends in the
summer for short-term enforcement activity. Dickson said that the Department has a couple
seasoned staff that may be interested in doing the enforcement. He explained that the
Department is recommending someone who carries a badge who also has experience with this
type of enforcement.
Mayor Holt asked if this would be covered under the current contract.
City Manager Dickson stated that it would fall under the current contract and how it would work
is through shift changes. He explained that officers that typically work during the week will shift
their hours to the weekend a few times throughout the summer.
City Attorney Landsman stated that police presence is a deterrent and a better one than staff
enforcement.
Councilmember McEnaney said that it is important that the City communicate with the Police
Department what they need to be enforcing so that they understand what they are enforcing.
City Attorney Landsman stated that better signage at the park, explaining what can and cannot
occur, will help. He reiterated that the goal is self -compliance and deterrence. He stated that the
police presence will allow for increased education, communication and enforcement. He said
that while there is not a timeline yet, if the LMCD starts licensing requirements that this would
also help with regulating activity and enforcement.
City Manager Dickson stated that the goal for signage would be to add City Code Provision
references.
City Attorney Landsman did a summary of the presented options and asked the City Council for
direction as far as what staff should pursue. He recommended pursuing less invasive options
first before those that are more invasive.
Councilmember McEnaney said that she appreciated the efforts to try and hold people breaking
the law accountable for their actions.
Mayor Holt asked the City Council if they were in favor of directing the City Attorney to research
more into City issued business licensing solution. The City Council agreed to move forward with
this solution.
City Attorney Landsman said that staff will continue to look into the moving of the swimming
rope and the language updates for signage. He stated that he would work on drafting the
documentation for the licensing documents. He said that it was his hope to get this to the City
Council at their second meeting in March for review and potential approval.
There was agreement between the City Council not to do background checks as part of the
business licensing.
Councilmember McEnaney asked if instead of moving the swim area rope that there could be
an additional rope added as a "no go zone" that would provide an additional space between the
swimmers and the dock that nothing would be allowed in.
City Engineer Simmons said that there are special buoys that are "no boat zone" buoys that
staff could look into placing.
Mayor Holt expressed support into looking at these.
Mayor Holt stated that he was not in favor of installing a CCTV camera for surveillance stating
that it seemed too intrusive.
The City Council agreed not to install a CCTV camera.
Mayor Holt explained that having a police officer on site would be enough of a deterrent.
Councilmember McEnaney stated that the City of Mound is showing that it is going to be serious
about enforcement.
City Attorney Landsman, staff and the City Council agreed on the directions to move forward
with drafting business licensing documentation, looking into the adding an additional roped off
area, partnering with the Orono Police Department, and creating better signage at the park.
Ad_ 'ourn
Motion to adjourn the meeting at 6:49 pm by Councilmember Castellano. Seconded by
Councilmember McEnaney. Motion passed 5-0
Mayor Jason R. Holt
Attest - 'Kevin Kelly, Clerk