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2021-01-26 CC Meeting MinutesMOUND CITY COUNCIL MINUTES January 26, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 26, 2021 at 7:00 p.m. in the Westonka Schools Performing Arts Center in Minnetrista. Members present: Mayor Ray Salazar; Council members Phil Velsor, Paula Larson, Sherrie Pugh, and Jason Holt Members absent: None Others present: City Manager Eric Hoversten, Fin Dir/Clerk/Treasurer Catherine Pausche, Community Development Director Sarah Smith, Building Official Scott Qualle, Claudia Lacy, Eric Lien, Emily Lien, Tyler Pieper, Robert Berrett, Paul Vogstrom, Michael Mahoney, James Lang, P. Palanisami 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 Alleaiance 3. Approve agenda Hoversten noted the agenda item #7 begins on page 270, not 259. MOTION by Velsor, seconded by Larson, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Pugh, seconded by Velsor, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $1,403,342.11 B. Approve minutes: 01-12-21 regular meeting C. Approve Labor Agreement between City of Mound and teamsters Public and Law Enforcement Employees' Union Local 320 Representing Maintenance Persons January 1, 2021 through December 31, 2023 (Public Works Employees) D. Approve Pay Request #4 and Final in the amount of $33,952.37 to G.F. Jedlicki, Inc. for the 2019 Commerce Blvd Watermain Replacement project PW 19-04 E. RESOLUTION NO. 21-15: RESOLUTION APPROVING PUBLIC GATHERING PERMIT FOR MOUND HARBOR WINE & SPIRITS, 2135 COMMERCE BOULEVARD, RARE WHISKEY SPECIAL EVENT ON FRIDAY, FEBRUARY 19, 2021 THAT Mound City Council Minutes — January 26, 2021 INCLUDES USE OF THE TRANSIT DISTRICT PARKING DECK AND WAIVER OF PERMIT FEE AND DAMAGE DEPOSIT 5. Comments and suggestions from citizens present on any item not on the agenda. Tyler Pieper, 5504 Church Road, requested a contact with whom he could discuss native plantings at our city parks with the goal to benefit plant and bird species and savings on lawncare. Hoversten said Pieper should contact him at City Hall, noting there have been numerous discussions with the Parks Commission on this very topic. 6. Planninq Commission Recommendation A. Consideration/Action on Resolution Authorizing Release/Sale of City Parcels Identified as PID No. 12-117-24-43-0020 and PID No. 12-117-24-43-0011 and Consistency Determination with 2040 Comprehensive Plan Smith gave an overview of what parcels are in question. Smith said the Planning Commission recommended approval of the sale. Smith said in 2018 a policy was put in place to provide a pathway for these type of parcels to be considered for release by evaluating if they would be more productive under the control of adjacent owners, auctioned off, or retained by the city. Smith said both are the minimum lot size and are encumbered by utility and drainage easements. The City Attorney confirmed the city has ownership through the deed and is able to release. Smith said Staff determined that they could be offered for sale to abutting parcels in order to retain the easements. Smith said the Assessor determined the overall value for each parcel to be $3,000 less 30% and legal costs. Smith said Staff determined the which of the qualified abutting properties were the best suited buyers based on a sales creating the most conforming lot, so each parcel is only being offered to one abutting property owner. Smith said it has not been confirmed that the abutting property owners are interested, but it is the assumption that they would be combined with existing parcels. Smith said the Planning Commission recommended the parcels be offered to the two abutting property owners in a sealed bid format conditional on the lots being combined for property tax purposes. Smith noted the sale of these lots is consistent with the Comprehensive Plan. Velsor asked to clarify the parcels in question based on the maps as it seems the Canary lot being offered to the owners on Dove is irregular. Smith said it is already an irregular lot. Velsor suggested better outlines of lots in question in the future. MOTION by Velsor, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-16: RESOLUTION AUTHORIZING RELEASE/SALE OF CITY PARCELS IDENTIFIED PID NO. 12-117-24-43-0020 AND PID NO. 12-117-24-43-0011 AND CONSISTENCY DETERMINATION WITH 2O40 COMPREHENSIVE PLAN 7. Building Official Recommendation A. Consideration/Action to Authorize proceeding with Hazardous Building Action for property at 2396 Commerce Boulevard Mound City Council Minutes — January 26, 2021 Qualle noted the property has been unoccupied for the past 15 years and in August the City was made aware of a falling fagade which raised questions on the structural integrity. Qualle said an administrative warrant was issued to give them access and the packet contains the assessment of the structural soundness and safety of use. Qualle said this requested action is consistent with the other approaches for nuisances where the City requests a restoration agreement but also allowing for a backstop if the owners are unable to come to agreeable terms. Hoversten noted the owners have reached out to foster constructive conversations but cautioned the Council not to impeded the other alternatives. Hoversten noted multiple representatives of ownership are present tonight. Michael Mahoney, attorney for the property owner, 125 West Lake Street, Wayzata, stated he is representing James Lang, the property owner. Mahoney introduced Claudia Lacy who is here to present a potential resolution. Lang noted as the lawyer he has to be on record to say any abatement order would be arbitrary and capricious as they have experts to verify the building is repairable. Mahoney said he prepared an agreement with punch list items identified by the Building Officials with a proposed timeline. Mahoney said he has had productive conversations with the City Attorney James Hill. Claudia Lacy, 5940 Loring Drive, stated she is a long time resident and business owner. Lacy said she has long advocated for an upgrade or tear down of this building and said she is here to share her vision. Lacy showed an artist's rendering of what the building could look like. Lacy said she thinks this partnership has real potential. Salazar asked what is the proposed use. Lacy said it has not been completely flushed out, but the initial intent is a public use; a gathering space for the community. Lacy said this could help create space to address loneliness and isolation in our community. Pugh said she too has grown up here but she believes the proposal would need many more specifics as the community already has an abundance of space. Lacy agreed and noted Mr. Lang is on board with making improvements in order to increase the benefit to the community. Hoversten said in pursuing a dual track, all options are left on the table that creates the back- stop/pressure to ensure progress. Hoversten said the kind of issues Pugh is raising are the kind of details that need to be part of a restorative agreement. Hoversten said architectural plans and specs are required for any commercial use that will bring to light potential uses. Hoversten said demolishing the building is an economic decision more than whether it could be repaired. Mahoney asked to clarify what is the Council action tonight because he assumed it was abatement and demolition for which he is asking to be tabled. Mahoney said he has a Civil Engineer here to attest to the building's soundness. Mahoney said he has a proposal with the action plan that will address the structural concerns. Hoversten said the action is to instruct the Staff to prepare the required documents for a hazardous building abatement. Palanisami, Structural Engineer, 5661 International Pkwy, New Hope, said he walked though the building in September/October noting the footings, walls and roof were sound. Palanisami said approximately 400 SF in the rear has to be removed due to inadequate footings and soil conditions. Palanisami also noted a wall repair needed but other than those two items, the joists and footings are sound according to commercial building standards. Mound City Council Minutes — January 26, 2021 Holt asked if Palanisami saw the Building Official's report of 39 items and Palanisami said yes. Palanisami said he is a structural engineer and is only weighing in on that aspect and not the waterproofing, lighting, etc. Mahoney said he is asking the Council to consider that in light of the report provided, that the Council agree that the building can be repaired and not demolished. Mahoney noted that his proposed agreement addresses the 38 items to be corrected over a six-month period that provides for staff oversight. Velsor noted parking will be an issue with any proposed use. Hoversten said this stresses the importance of a planning application phase of a restorative agreement to determine the proposed use which may include the need for a shared parking agreement, etc. Hoversten also said this would include evaluation of Americans with Disabilities Act (ADA) and Fire Code compliance. Mahoney said abatement and demolition is not appropriate. Velsor said as a public official this property is the number one concern of constituents and the public looks for the Council to take action. Velsor noted this process has been used for several residential properties. Velsor asked how many years has Mr. Lang owned this building and was told 30. Velsor said the public officials are going to encourage the owner to take action because no one is adamant that it needs to be torn down but the City has to protect the public interests. Mahoney said he is requesting any action not be as accusatorial and pejorative as this sounds, noting that this is the first time anyone has heard anything forward looking about this building. Salazar referred to the City Manager's report included with the packet that outlines the options and alternatives. Salazar said with enough money anything can be brought back to life, but this building has many issues with no progress over 25 years and is creating much public ire. Paul Vogstrom, licensed architect, 1151 North Arm Drive, said he is in construction and he was involved in developing the scope of work. Vogstrom said he is interested in working with Lang in determining what the building could be and that he is even interested in possibly operating a business in it. Vogstrom said Lang is on board. Holt asked if Lang was going to address the Council and Vogstrom said no. Holt asked why it took so long and Vogstrom suggested just moving on. Velsor noted any action by Council is not absolute, it is just to create piece of mind and maintain all options. Salazar thanked Vogstrom and encouraged them not to waste any time in contacting the city to develop a plan. Hoversten said this action is to direct the staff to prepare the documents regarding an order to abate for future consideration by the Council. Hoversten said it could be that a restorative agreement could be what takes it place if sufficient progress with the owner is made before then. Qualle read the portion of the code that has led him to determine that this is an unsafe building structure making it a public nuisance per MSS Chapter 463 Sec. 15-26. Qualle noted that in addition to the two areas noted by the owner's Structural Engineer, he did not address multiple other structural issues that if left unaddressed can lead to structural failure. Qualle noted all options of repair/rehabilitation or demolition and structural removal are on the table. Mound City Council Minutes — January 26, 2021 Holt asked Smith who owns the property and Smith said that still needs to be verified/determined as there appears to be a contract for deed that was not recorded, noting the City Attorney would work through the title issues. MOTION by Velsor, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-17: RESOLUTION TO AUTHORIZE PROCEEDING WITH HAZARDOUS BUILDING ACTION FOR PROPERTY AT 2396 COMMERCE BOULEVARD 8. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Holt asked about the crosswalk study. Hoversten said the engineers are pulling information from other agencies and it will be a few months before the report is finalized. Hoversten noted that this is specific to the Three Rivers trail crossing on Shoreline Drive. Holt said water was another concern expressed by the public during campaigning. Salazar said a presentation is being prepared for a February meeting and the public will be invited. Hoversten noted that it will most likely be the second meeting in February. Qualle noted MNSpect responded to a concern about water safety in the apartments south of Our Lady of Lake, noting all four samples sent for evaluation were determined to be safe/acceptable. Pugh said she was reappointed to the Legislative Salary Commission for a 4-year term. Pugh asked for a Council demo of the new city website and Pausche said February 1st is the anticipated go -live date. Pausche suggested she ZOOM with Pugh to show her the new site. Hoversten noted Planning Commission and Council meetings will take place in the PAC in February. B. Reports: Fire Department — November & December 2020 Engineering — 4Q2020 C. Minutes: Parks & Open Spaces: 12-10-20 regular meeting D. Correspondence: 12. Adjourn MOTION by Velsor, seconded by Holt, to adjourn at 8:51 p.m. All voted in favor. Motion carried. Mayor Raymond J. Salazar Attest: Catherine Pausche, Clerk