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2021-04-13 CC Meeting MinutesMOUND CITY COUNCIL MINUTES April 13, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 13, 2021 at 7:00 p.m. in the council chambers of the Centennial Building. Members present: Mayor Ray Salazar; Council Members Paula Larson, Sherrie Pugh, and Jason Holt. Members absent: Phil Velsor Others present: Ben Landhauser, Tim Nichols, Sam Erickson, City Manager Eric Hoversten, City Clerk Kevin Kelly, Community Development Director Sarah Smith, City Planner Rita Trapp and City Engineer Brian Simmons. 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 7:01 p.m. 2 Pledge of Allegiance 3. Approve agenda MOTION by Pugh, seconded by Holt, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Larson, seconded by Holt, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $223,654.28. B. Approve minutes: 3-23-21 regular meeting C. Approve Pay Request #2 And Final in the amount of $3962.85 to Advanced Wall Structures, Inc. for the 2019 Retaining Wall Improvement Project, Piper; PW-19-10 D. RESOLUTION NO. 21-35: RESOLUTION AUTHORIZING PURCHASE OF MULTIPLE SLIP COMPLEX AND FIVE-YEAR COST SHARING AGREEMENT E. RESOLUTION NO. 21-36: RESOLUTION APPROVING SEASONAL REQUEST FROM MOUND FARMERS' MARKET AND MORE FOR 2021 SEASON IN DOWNTOWN MOUND AND APPROVING A REDUCED FEE DUE TO PUBLIC PURPOSE OF GATHERING 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. Mound City Council Minutes — April 13, 2021 6. Consideration/actions -- Maior Subdivision -Preliminary Plat of Mound Harbor 2nd Addition and Artessa Mound (formerly Zvago Mound) Trapp presented the Mound Harbor sale and final plat approval of the construction of a 52-unit cooperative building for residents' age 62+. Trapp said the building will house four one - bedroom and 48 two -bedroom units and this request for final plat is the last step in the process of the final plat conforming to the preliminary plat, the approval of the development agreement with Artessa Mound and the 2nd amendment of the purchase and development agreement which will extend the timeline of the purchase of the property. Trapp said the final plat generally follows the original preliminary plat from last year and there were no additional comments or concerns. Trapp stated staff did follow up with Mound Farmers Market and More (MFMM) representatives and walked through the plan with them and addressed their concerns with construction timing and how the work would be phased. Trapp added that Old Shoreline Road will be included in with the land purchase and staff will work with MFMM, Minnesota State Bank and Lifestyles Communities to ensure that there will be access to the MFMM site during construction and in the long-term. Trap said one change from the original agreement was the name from change from Lifestyle Communities Zvago Mound to Artessa Mound. Trapp added staff is asking for Council to consider the approval of the three resolutions before them. Pugh stated it was not clear about the role the bank would play regarding access to the MFMM during construction. Pugh asked if the access would be similar to what took place previously. Trapp said the MFMM will be similar and there will not be the loop which was in place but will be drive in and drive out. Trapp added that most of vendors use the parking lot for sales or the transit ramp for parking and MFMM representatives thought the drive in and out is not a particularly disruptive barrier. Pugh stated the development agreement said there will be construction staging until 2023 and asked if the staging will impact the MFMM. Trapp said staff will continue the conversation with MFMM and will work and communicate with them regarding the staging of construction although Trapp added that most of the staging will occur along Auditors Road. Trapp said everyone thinks MFMM is an asset to downtown Mound and Salazar agreed that the MFMM is an important asset and staff will make sure the MFMM will be accommodated. Larson stated she is also concerned about the development agreement and is concerned the construction staging isn't strongly established. Trapp said the construction agreement staging area will occur mostly along Auditors Road. Larson said the MFMM is very popular and would hate to see it impacted. Trapp said the parking lot will continue to be part of the MFMM though Old Shoreline Road is part of the property for sale. Trapp said staff are currently working on MFMM access which will be next to the Bank. Larson said she is uncomfortable with the impact on the MFMM which is very popular with city residents. Salazar asked if there are assurances MFMM won't be impacted and the parking lot will continue to be used as it is now. Trapp said part of the uncertainty is the City is in the park planning process right now and further planning cannot be underway until after the preliminary plat is finalized. Trapp said the park planning process couldn't start until there was a preliminary Mound City Council Minutes — April 13, 2021 plat and the park planning process isn't wrapped up and finalized as of yet though staff have every intent to make sure the MFMM isn't significantly impacted. Larson, Pugh and Salazar all agreed on the importance, value and popularity of the MFMM and Salazar said the intent is to keep the market open and to make sure it has the space to operate. Pugh said she would like language in the agreement stating there will not be interruption of the business of the MFMM. Trap said the City owns the property site where the MFMM is held and the issue at hand is access to the market site in which the details are going to be worked out. Trapp said the issue of a MFMM access point is on the City to work out the final details which are being worked out as part of the park planning process. Trapp said staff do a technical review of the agreement which gives authority to the staff to finish off the access issues and other details. Pugh asked for a motion to ensure MFMM access and Salazar said a motion can be taken up after the resolutions are voted on by the City Council. Pugh asked for clarification regarding lighting and whether the lighting in the planning was street lighting or pedestrian lighting. Trapp said the height of the lighting was something being discussed with the developer. A. Requested Actions i. Approve Resolution Approving Major Subdivision -Final Plat for Mound Harbor ii. Approve Resolution Approving Development Agreement iii. Approve Resolution Approving Second Amendment to Purchase and Development Agreement with Lifestyle Communities, LLC MOTION by Holt, seconded by Pugh, to approve the following resolution. Salazar, Holt and Pugh voted in favor. Larson was opposed. Motion carried. RESOLUTION NO. 21-37: RESOLUTION APPROVING MAJOR SUBDIVISION — FINAL PLAT FOR MOUND HARBOR 2ND ADDITION Salazar asked Pugh if she would like to make a motion regarding the MFMM. MOTION by Pugh, seconded by Larson, to approve a motion to direct staff to provide appropriate access and space for the Mound Farmers Market and More (MFMM). All voted in favor. Motion carried MOTION by Holt, seconded by Pugh, to approve the following resolution. Salazar, Holt and Pugh voted in favor. Larson was opposed. Motion carried. Pugh asked for clarification regarding the soil contamination at the site. Ben Landhauser, 1301 American Blvd. East, Bloomington, stated soil boring was completed on the site after the phase one evaluation by Braun Intertech noted ground contamination with petroleum. Landhauser said Braun will do more evaluation and create a construction mitigation plan to remove the pollutants. Landhauser said there will be a full removal of soil noting there is no ground water contamination. Pugh asked if there was to be ongoing testing at the site and Landhauser said there will be monitoring and a post construction evaluation will be conducted to eliminate any environmental concerns. Mound City Council Minutes — April 13, 2021 Holt asked if the site preparation will stir up soil and after removal will new soil be added. Landhauser said there shouldn't be much impact as the soil will be picked up and deposited in back of a truck for removal. Landhauser said they knew of the fuel storage on the site in the past before entering into this agreement. Landhauser said the pollutants are fairly isolated and the contaminated soil will be removed. Holt asked if Landhauser was confident there wasn't anything they saw which would stop the development of the site and Landhauser said there wasn't. Holt asked about the explanation for the name change of the business. Landhauser said the name change was brought on by a change in the partnership and in the next evolution of their brand. Landhauser said there is another Artessa site in Shakopee and they are actively seeking out inner -ring suburban sites for new cooperative opportunities. RESOLUTION NO. 21-38: RESOLUTION APPROVING DEVELOPMENT AGREEMENT Hoversten stated the 2nd agreement is an extension of the April 30th timeline of the first agreement and was requested by the developer due to delays caused by the Covid-19 pandemic and the delays of Hennepin County in finalizing the final plat. Hoversten said the delays could take the timeline past April 30th as the sale will now most likely be completed in May and the County needs the time to do their work. Holt asked when Artessa Mound will have physical work at the site and Landhauser said pre -sales will start in the next couple of months. Landhauser said pre -sales typically last for 6-9 months and Artessa will need to have 60% of the units presold before construction begins in 2022 though site prep will happen prior to construction. Landhauser said active framing will most likely occur in the summer of 2022, with ground breaking expected to start in January 2022. Landhauser doesn't expect to impact the MFMM. Landhauser said they have a Sales and Design studio in Edina and sales people will be in Mound to meet at the site but there will be no sales center in Mound as many of their meetings will continue to happen virtually with prospective buyers. Pugh said there are quite a lot of 60+ people in Mound and asked if Artessa was going to be actively marketing to Mound residents. Landhauser said there will be on -site advertising, direct mailing and newspaper ads in the area and noted they have already been hearing from Mound residents. Salazar said Artessa is not a new company to this type of project. Landhauser said their project in Long Lake started marketing in November and has 40% reservations already and expects to hit 60% in June. Tim Nichols, 1301 American Blvd. East, Bloomington, said the response has been overwhelming and he considers Mound to be a jewel with this development serving as a flagship property so close to the lake and next to a park and believes Mound sales will be received equally well or better than their other projects. MOTION by Pugh, seconded by Holt, to approve the following resolution. Salazar, Holt and Pugh voted in favor. Larson was opposed. Motion carried. RESOLUTION NO. 21-39: RESOLUTION APPROVING SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT WITH LIFESTYLES COMMUNITIES, LLC 7. City Engineer Brian Simmons presenting bid results and requesting action on a Resolution Accepting Bid for 2021 Lynwood Blvd Watermain Improvements (Ph1) City Proiect No. PW-21-01 Mound City Council Minutes — April 13, 2021 Simmons addressed the City Council with a report on the bids received on April 6th for the phase one project. Simmons said there were five bidders with Widmer Construction as the lowest and below cost estimates. Simmons said Widmer has done quite a bit of work around the city and he recommends approval of their bid. Larson said she is hoping this project will help the water she is receiving in her house. Simmons said the aim of the Lynwood project is to increase the reliability of water service but noted it will not remove iron and manganese. Simmons said the causes of unsettled sediments is usually due to a change in equilibrium in the system such as fire events and water main breaks. Simmons added the water system flush will take sediments out of the system but will change the normal flow of water in the pipe which might cause sediment to make it to residents' homes. Hoversten said the removal of iron and manganese will be part of the discussion going forward. Holt said he has photos of discolored water and complemented staff on the bid outcome. Simmons said the favorable bids might reflect contractors who secured the PVC for the pipes and locked in the prices prior to the volatility we are seeing right now. Salazar said the manganese issue was discussed during the presentation at the March 9th Council meeting. Salazar said the City did send out a direct mailer to residents explaining the problem which was recently brought to City's attention by the Minnesota Department of Health. Salazar said the goal of the City is to get in front of the problem, inform the community and to be as transparent as possible. Salazar directed residents to the City website as the best source of information. Hoversten he has had and will continue to discuss the manganese issue with residents. Salazar said the City has spoken to Mound's State Representative and State Senator and U.S. Congressman about the issue and the staff are currently working on a feasibility study of the problem. MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-40: RESOLUTION ACCEPTING BID FOR 2021 LYNWOOD BLVD WATERMAIN IMPROVEMENTS (PH1) CITY PROJECT NO. PW-21-01 8. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten mentioned upcoming meetings, including the April 20th Annual Department Head reports and May 11th regular Council Meeting to be held in the Council Chambers, and the April 27th and May 25th regular council meetings to be held at the Westonka Performing Activities Center (PAC). Hoversten added hydrant flushing will begin on April 19th and will continue for a month as City crews work through the system. Hoversten said updates on the progress of the flushing will be broadcast through RAVE notices to residents who have signed up. Hoversten said the community cleanup day is scheduled for May 8th and additional info on the City water manganese issue and the water consumer confidence report have been provided through direct communication and in the next city newsletter. Hoversten said City Hall seasonal hours will commence on May 3rd Mound City Council Minutes — April 13, 2021 B. Reports: Finance —February 2021 Liquor Store — March 2021 C. Minutes: Docks and Commons Commission: 01-21-21 Regular Meeting D. Correspondence: May 8, 2021 Special Clean -Up Day Flyer 10. Adjourn MOTION by Larson, seconded by Holt, to adjourn at 8:06 p.m. All voted in favor. Motion carried. oe Mayor Raymond J. Salazar Attest: kevin Kelly, Ci y Cle