Loading...
2024-08-27 CC Meeting MinutesMOUND CITY COUNCIL MINUTES August 27, 2024 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 27, 2024 at 6:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Jason Holt, Council Members, Sherrie Pugh, Kathy McEnaney, and Kevin Castellano. Members absent: Paula Larson Others present: City Manager Jesse Dickson, Deputy City Manager Maggie Reisdorf, City Attorney Scott Landsman, Community Development Director Sarah Smith, City Planning Consultant Rita Trapp. Sam Strom (511 4th Ave NW, Buffalo, MN), Rhonda Nelson (2590 Commerce Blvd), John and Larissa Sundell (1717 Jones Lane), John Schletti, 6511 (Bayridge Road), Jacob Kelly (1703 Jones Lane), and Linda Blandistadt. 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 6:00 p.m. 2. Pledae of Alleqiance 3. Approve agenda Dickson asked the City Council to consider the addition of an item under the consent agenda as Item H. He informed that it a Private Event application. MOTION by Castellano to approve the agenda with the recommended amendment, seconded by Pugh. All voted in favor. Motion carried. 4. Consent agenda MOTION by Castellano, seconded Pugh, to approve the consent agenda with the addition of Item H.. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $468,790.30. B. Approve minutes: August 14, 2024 Regular Meeting C. Action on Resolution 24-67 approving Debt Service Levy Schedule Change. D. Action on Resolution 24-68 approving variance for new/replacement deck at 6511 Bayridge Road (Planning Case No. 24-11). E. Action on Resolution 24-69 approving expansion permit for remodel/house additions at 5032 Edgewater Drive (Planning Case No. 24-12). F. Action on Resolution 24-70 approving Lost Lake Commons Maintenance Agreement with MCWD. G. Miscellaneous payment request in the amount of $11,001.34 to Minger Construction. H. (Added) Action on Resolution 24-71 approving musical concert permit for private special event/family reunion at 4726 Carlow Road on Friday, September 27, 2024. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. Orono Police Officer, R. Spencer, asked the City Council if they had any questions on the recent police department report. He said that over the past month, the department has received 139 calls. He informed that there has been an increase in DWIs this month, with a total of 10 in Mound. He said he assumed it may be because of the time of year. He stated even so, the department has been diligent. He informed that other calls have been normal and typical as far as numbers. He did mention that car break-ins were high and stressed that people lock their vehicles. Spencer provided an update on Surfside Park and Centerview Park. He said the department continues to due spot checks to make sure people are following parking rules. He said that 5 citations were given during the 21 spot checks. Spencer mentioned recently that the department hosted a Youth Firearm Safety event that included three Mound youth members. Spencer mentioned that with the upcoming Labor Day Holiday weekend, that there would be more patrol throughout the communities with the goal of being highly visible. Pugh asked about Centerview Park and if the barriers would be up during the winter. She said a neighbor expressed concern about the barriers in the winter months and being able to navigate getting their ice house onto the lake. Spencer informed that this was the first summer that the barrier was in place. He said that he can connected with City staff on how to navigate the winter and if a barrier is necessary. Holt said he through the barrier could be removed. Pugh expressed concern about the current street construction and closure in downtown Mound and how people are taking Lynwood Blvd as a detour and speeding through the residential neighborhoods. She asked Spencer if a speed sign could be placed. Spencer agreed to request a speed sign. He said that the department has been trying to divert people away from the residential streets, but people continue to use them anyways. 6. Rhonda Nelson with Gillespie Center Presentation Rhonda Nelson introduced herself to the City Council as the Director of the Gillespie Center located in Mound. She informed that she was hired at the beginning of 2024 originally as a consultant and later offered a full-time position with the Non -Profit. She said she excited to be with the Non-profit. Nelson informed that the Gillespie Center Board of Directors has been working through a new strategy for the Non -Profit organization. She reviewed the newly approved Vision, Mission, and Values. Nelson went into detail about new goals that were put into place to align with the new vision, mission, and values. She explained how the new goals were going to be measured. Nelson reviewed the existing program and services offerings, and new programming ideas. She stated that the new programming would add more in the categories of educational seminars, special interests, fitness, and social. Nelson provided information on fundraising efforts in 2024 and how the organization will expand on current fundraising efforts in 2025, including a 25" Anniversary Gala event. Nelson explained that the organization recently updates their logo, repainted the building, updated their website, is in the process of expanding social media outreach, continues to expand partnerships with other local organizations, and will be doing a newsletter sponsorship program. Nelson went into detail about efforts related to multigenerational involvement and collaboration. She said that the organization added a Youth Director from the high school to the Board of Directors in 2024 and that they are considering adding a young adult position to the Board in 2025. Nelson stated that in the past, there was a 10 year contract with the Gillespie Center and the City of Mound and other neighbor cities that listed financial support during that period. She informed that the Gillespie Center is reaching back out to the cities for financial support as a way to fulfill their vision long-term. Nelson explained that in the past, the financial contribution was $60,000 and that they are currently asking for $75,000 per year moving forward. She stated that the Gillespie is a great and valuable community asset for the City of Mound and the Westonka region. Castellano asked if the organization markets through direct mailers and advertisements. He said that the organization hosts a lot of events. Nelson said that they do a monthly newsletter (Gillespie Gazette) and monthly inserts. Pugh asked why the City newsletter doesn't include more information. McEnaney said that the City does post events when notified on the City website, in the City newsletter and on social media. She thanked Nelson for her hard work and agreed that the Gillespie Center is an important asset. She said that she really liked to new painting of the building. McEnaney explained that the City is willing to help however it can to market events. She said she is thrilled that Nelson agreed to stay on as Director. Holt said he liked the collaboration with Scotty Bs. He asked if they host weddings. Nelson said they host weddings, celebration of life events, church services, etc. Pugh informed of the lunches that the Gillespie Center hosts every Wednesday for $10. She asked the City Council to join her in the future and said that it is a great social event. Pugh said she hopes that the Park Commission can collaborate with the organization soon for exercise and park programs, such as the walking club. She thanked Nelson for her new energy and said she is doing a great job. Pugh said a lot of people are visiting. Holt mentioned the contract that expired in 2021. He mentioned that the City recently did a Long Term Financial Plan and that the City is just entering budget planning for 2025. He said that the City can't commit to anything at the moment, but asked if there is anything the City can do right away to help. Castellano agreed that without being able to commit to any funding at the moment, he asked if the City could help provide other resources such as marketing support. Nelson mentioned that 25'" Anniversary Gala and that the City could help market that event. Holt stated that the 2025 budget process is starting and that it is likely that the financial contribution would not be as high as what they are asking for. He mentioned that the City's biggest financial obligation at the moment is getting a Water Treatment Facility. He asked if Nelson could put together a list of ways the City could help in the near term. 7. Consideration/Action on a Variance for Accessory Structure at 1703 Jones Lane: Planning Case No. 24-10. Applicant: Jacob Kohler. Trapp introduced this item to the City Council. She informed that the request was for a variance for an accessory structure at 1703 Jones Lane. She explained that the property is a corner lot of record located at the intersection of Jones Lake and Three Points Blvd and that there is currently a single family home with a two car attached garage (built in 1984) on site. Trapp explained that the property owners came to the City in 2020 for a fence variance and that a variance was granted regarding the fence height and the allowance of placing the fence in the public ROW along Three Points Blvd. Trapp explained that the applicant is propose the construction of a 440 sq. ft. accessory garage/shed on a floating slab in the rear yard. She said they are requesting a variance to allow for a 5.7 foot setback from the property line that abuts Three Points Boulevard. She informed that the request for the variance is because of the property's unique topography. Trapp explained that the Comprehensive Plan lists the property as Low Density Residential which allows for single-family detached and attached housing types. She said that the use would continue to be single-family. She said the zoning of the property is R-1 Single Family Residential and is considered a Lot of Record. Trapp reviewed the City Code regarding accessory structure setbacks within the R-1 zoning, which included a front yard with a 20 foot setback, a street side yard setback of 20 feet, an interior side yard of 6 feet, and a rear yard if 4 feet. Trapp reviewed the proposed accessory structure information. She said that the lot is 10,557 square feet in size. She informed that accessory structures in residential districts is limited to the lesser of 3,000 square feet of 15% of the lot area. She explained that for this lot specifically, that maximum would be 1,583 square feet. Trapp informed that the proposed structure is 440 square feet (20 ft. by 22 ft.). Trapp said that because the property is a corner lot, the front setback requirements are required on both Three Points and Jones Lane. She stated that the proposed location for the structure would be 5.7 feet from the northern lot line. Trapp explained that the rear setback would be along the west property line and would be 5 feet off the property line, which meets the 4 foot setback requirement. Trapp provided a survey of the property that showed the topography of the property. She informed that the topography across relevant portions of the lot range from 952.4 in the southeast corner and 942.8 at the southwest corner of the house. She explained that because of the unique topography of the property, that locating the shed within the required setbacks would require the removal of three mature trees, excavating of the existing berm, the installation of a retaining wall, and drainage improvements. Trapp reviewed the building height requirements for accessory structures. She said that residential accessory structures must be shorter than the principal building on the lot. She explained that the applicant has indicated that the structure will be 11 feet, 10 5/8 inches and that the current house is 18 feet, 11 inches. Trapp said that the final height will be verified at the time of the building permit application. Trapp said that the request for a variance information was distributed to adjacent property owners, staff, consultants, agencies and private utilities and that no comments were received. She explained that the Planning Commission reviewed the request at their August 20th, 2024 meeting and areas of discussion included concerns from the neighbor and minimization of the view of the 4 structure from the road. Trapp stated that the Planning Commission and staff recommended approval of the variance request to the City Council. Holt asked about the location of existing shed. Trapp said that the current shed will be removed and replaced with the new bigger shed. She said the process would include excavation of the land in that area to bring the structure lower. She added that the two smaller trees currently on site would be relocated. Pugh asked if the project would include a curb cut at the street. Trapp said one of the conditions is that the property owner would not ever be able to have a driveway off of this structure and therefore no curb cut would be allowed. Holt asked if the current shed meets setbacks. Trapp said that the current shed was on the property when the current owners bought the house. She noted that it was a legal nonconforming shed that if and when it is expanded on, it triggers the need to meet current City Code requirements. Jake Kohler, resident at 1703 Jones Lane, introduced himself to the City Council. He explained that the current shed is a 10 x 10 foot structure located 15.7 feet from the property line. He said that the new shed would be larger. He explained the adjacent fence and berm located along Three Points Blvd. and how the 6 foot fence on top of the berm will hide the new accessory structure due to the unique property topography. Kohler stated that the Planning Commission reviewed the request and mentioned some confusion that took place with regards to corner lot requirements. He said that his corner lot property is unique in the sense that the side front yard sits along a collector street, instead of a side residential street. Kohler said because of this, no other neighbors would see the shed as it would be fairly hidden and no other properties would face his property to see it. He said the variance request would not impact other properties. Kohler reviewed why they were facing a practical difficulty due to the topography of their property. He said they knew that the property had unique topography when they bought it. He explained that to meet current City Code setbacks, they would have to remove three mature trees, excavate well into the current berm and install a retaining wall. Kohler explained that he won't remove the mature trees. He said he met with the neighbors to the west and they expressed no concern for their request. He said the project would be Code on the west property line. Kohler mentioned that his neighbor to the south has expressed concern about the variance request. He said that his neighbor requested a variance in 2023 that he was against and that ultimately didn't get approved. Kohler said his variance request is very different than that of his neighbors as the projects are completely different. He said that his project will not impact any neighbors and the new shed would actually be moved east from currently four feet to five feet. Castellano said that he can see the practical difficulties the property owner faces. He said that the two front yards makes things difficult. He said he agrees that there would be little visibility issues. John Sundell, resident at 1717 Jones Lane, introduced himself to the City Council. He informed that he is the neighbor directly south of 1703 Jones Lane. He informed that he is present at the meeting because of a letter he received that stated his neighbor was requesting the mentioned variance. He discussed the variance that he applied for in 2023 for his property for a home remodel that was eventually denied. He said that the City Council's reasoning for denial was based on there being other options available as far 5 as designs. Sundell explained that his neighbors were against and challenged his variance request as well. Sundell explained that the Kohlers have already been granted a variance for a fence in 2020. Sundell stated that his neighbors knew the property information when they bought it years ago and that there are more options for them to consider that wouldn't require a variance. Sundell explained that Planning Commissioners were confused about the concept of the property having two front yards and therefore haven't different setback requirements. Sundell explained his previous variance request denial that resulted in having to think of other options that ultimately lead to him cutting down two mature trees and grading. Sundell recommended that the Kohlers move their proposed shed south to meet the setback requirements, expand on the existing shed, and/or add to their current garage. Sundell expressed concern about the City Council not being consistent with variance requests. He added that they are extending special privileges when other options are available. He didn't feel that what the Kohlers were asking for was the minimum request which is asked for in City Code. He said the City Council needs to be consistent for the community and neighborhoods. He said his neighbors have more options. McEnaney stated that she understands Sundell's frustrations. She felt that the Planning Commission was being consistent and that a variance for a shed relocation is different than a full home remodel is different. McEnaney said she felt that Sundell was punishing his neighbor because Sundell didn't get the variance he requested. She said asking the Kohlers to move the shed elsewhere on the property doesn't make sense. Sundell said that there are other options. McEnaney said that other options don't make sense. She said in the proposed location, it would be viewable to others and there will be little impact to others. Sundell responded that that wasn't necessarily true. He explained the variance for the fence again. He said that his neighbors knew the lot that they bought. He said there are other options. Castellano asked if the proposed shed would impact his property. Sundell said that his concern lies with future improvement needs within the area, including street and utility improvements. He explained that there are setbacks from roads for a reason and that when structures are allowed where they shouldn't be, it's an extra cost to taxpayers to navigate those projects during construction. Pugh agreed that the City needs to be consistent with variances. She agreed that the City has been inconsistent and is always giving variances. She expressed concern about always letting properties push structures into the property lines. Holt stated that he has a problem with granting a 14.3 foot variance. He said he agrees that there are other location options available. He said the variance request is a lot to ask for whether people can see it or not. He said he agreed that the City has been inconsistent with how it treats variance requests. Pugh asked if the shed could be shifted south. Trapp said that in order to not disturb trees and dig into the berm, and to meet current setback requirements, the shed would end up in the middle of their yard right behind their house. C Holt said that the Sundell referenced the City Council variance standards, stating that economic considerations could not be a reason for granting a variance. Trapp clarified that it economic conditions alone could not be a reason. Holt said that the Kohlers have other options. Castellano said the proposed structure would not impact anyone's view. He said he is comfortable granting the variance for that reason and because the Planning Commission and staff recommend approval. He said the two variance requests are two different to compare. Pugh said she hates to go against the Planning Commission, but said she is tired of granting variances on everything. She provided an example of lake property reconstruction projects granting variances to squeeze the property lines. Castellano said that variances are options for properties that are unique. Pugh agreed that no one across the street would see it. Holt stated again that it is a big variance and it is necessary. Castellano said that Planning Commission unanimously approved it McEnaney said she agreed with the proposal and said that the proposed location is the least impactful of all other options. Castellano moved to approve Resolution 24-72 approving a variance for accessory structure at 1703 Jones Lake: (Planning Case No. 24-10). McEnaney seconded. Motion passed 2-1 (Holt- Against) -1 (Pugh- Abstained). 10. Comments/Reports from Council Members: Council Member Pugh — Informed that she was walking around her neighborhood recently and asking her neighbors about City interests. She said residents expressed concern about the speeding on the non -detour residential streets that people are taking to get around the Shoreline Drive closure. She also mentioned a nearby home that has a rental sign in the yard. Pugh explained that neighbors were wondering if it was a scam company and that the sign was drawing a lot of activity to the property. She said staff was looking into it. Pugh mentioned the storm that went through the community the night before. She said there were many power lines down and that the Fire Department had to respond to many sites due to the lines sparking. She asked staff to reach out to Xcel Energy to perform more preventative maintenance. Dickson confirmed that Xcel is responsible for trimming along all power lines. He said that Public Works has been doing clean up all day throughout the City. He mentioned that in the region, there were 150,000 without power. Holt agreed to reach out to Xcel to be more proactive. McEnaney agree as well. Council Member Larson — Absent. Council Member McEnaney — Mentioned that with the change of the Minnesota State flag, that there are three poles that are sitting vacant around the City. She recommended that a City of Mound flag be flown to elevate community spirit. She provided a design for the City Council to consider that included a blue background with the City's logo in white with added waves underneath. She said that the talked with the Public Works Department who said that three flags are needed each year for each location because of wear and tear. She said that 18 flags for two years would cost $3,240 for two sided flags. She said one-sided flags would be $1,620. She asked if the City Council wanted to move forward with the idea. Castellano said he was fine with the idea. Holt said that the City's pays for flags anyways, so he was fine paying for a different flag design in those location. McEnaney moved to approve the flag design and the purchasing of the 18 flags in the amount of $3,240. Castellano seconded. Motion passed 4-0. Council Member Castellano — None. Mayor Holt — Mentioned that before the September 10, 2024 City Council meeting, the City Council should hold a special workshop meeting to discuss the future of the Centennial Building. Mentioned that he and Dickson met with the City Administrator and Mayor of Minnetrista that day to talk about police coverage and next steps. Informed that WECAN will be hosting an open house on Thursday, October 10, 2024 between 4-6 pm. Mentioned that the road construction in downtown Mound is close to completion and that it should be open within the next week or so. Dickson estimated by the holiday weekend, hopefully sooner. Holt mentioned that he took a tour recently of the new Artessa building and that there will be a ribbon cutting soon that the City Council is invited to. He informed that he has been meeting with candidates for State Representative seats to explain the needs of Mound. Provided some pictures from the weekend when he worked with the City's audiovisual contractor on city promotional video. He informed that they took footage form a boat, took drone footage, and that the contractor spent about six hours in the community that day getting other footage. 10. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Dickson thanks the Public Works Director and Department for their hard work cleaning up from the storm and managing generators and more. McEnaney thanked Public Works. B. Reports: Finance — July 2024 Fire — July 2024 Engineering — 2nd Quarter 2024 C. Minutes: July 2, 2024 — Planning Commission D. Correspondence: 11. Adjourn ACTION by Castellano, seconded by Pugh, to adjourn at 7:53 p.m. All voted in favor. Motion carried. Mayor Jason R. Holt Attest: vin Kelly, ler