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2021-05-11 CC Meeting MinutesMOUND CITY COUNCIL MINUTES May 11, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 11, 2021 at 7:00 p.m. in the Council chambers of the Centennial Building. 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, Administrative Services Director Catherine Pausche, City Clerk Kevin Kelly, City Engineer Brian Simmons, Sergeant Tim Sonnek, Deputy Police Chief Chris Fischer, Rod & Kathy Thyr, Michael Kline, Merlin Woytke, Trevor Nelson, Jennifer Nelson, Jane Anderson, Michelle Cheney, Jason Baier, Ted Breckheimer, Chris Lockwood, David Handt, Thomas Kielb, Jennifer Anderson, Johnele Chapman, Melody Hovda, Britt Berner, Kathy and Alan Leach, David Mangen, Kevin Gillis, Mark Meyer, Chris Stewart, Heidi Peterson, Leslie Johnson, Linda Verkennes, Kurt Silton, Ross Bingham, Brian Nelson, Dan Swanson, Riley Swanson, Tracy Swanson, Jameson Smieja, Alex Hubler, Mandy Haider, Richard Pundsack, Ryan Coatney, Eric Lien, Luke Weierke, Kellie Gillispie-Coen, Mark Wegscheid, Mike McCue. 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 Pledae of Allegiance 3. Approve agenda Hoversten added Item 7.1 to the agenda, additional resident correspondence and Item 9.1 additional information. MOTION by Holt, seconded by Pugh, to approve the amended 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 $403,373.66. B. Approve minutes: 4-27-21 regular meeting. C. RESOLUTION NO. 21-44: RESOLUTION APPROVING MUSICAL CONCERT PERMIT FOR PRIVATE WEDDING AT 2672 WILSHIRE BLVD Mound City Council Minutes — May 11, 2021 5. Comments and suqqestions from citizens present on any item not on the agenda. None were offered. 6. Orono Police Sergeant Tim Sonnek presenting the Mound activity report for February - April Sonnek addressed the Council with the Mound Activity Report for April 2021. Sonnek stated there were 279 calls total, including 5 crashes, 11 alarms, 5 animal complaints, 2 fire department assists, 3 assaults, 43 medical calls, 5 burglaries, 14 thefts, 6 disturbances, 7 domestic calls, 8 harassment reports, 5 mental health calls, 10 parking complaints, 7 threats, 14 welfare checks and 53 traffic stops. Sonnek said there were 251 calls for service in April 2020. 7. City Manager Eric Hoversten requesting discussion and action on the following items: a. Admin Policy — Prohibited use of UTV/ATVs on City streets & ROW b. An ordinance amending Chapter 70 of the Mound City Code as it relates to traffic and vehicles Hoversten stated this agenda item relates to Minnesota statute requirements and processes to allow the use of UTV's on municipal roadways. Hoversten said there is an option for a community to affirmatively allow UTV's on municipal roadways under a community derived licensing program for these vehicles. Hoversten added the operation of ATV's is not formally allowed and has not been allowed by the City in the past as provided in state statute. Hoversten said the Orono Police Department (OPD) has recently been conducting educational enforcement of these prohibitions. Hoversten said requests for the City to formally allow UTV's to operate on municipal roadways have been received and prompted this discussion. Hoversten stated establishing a City permitting process was discussed at the City Council Workshop on April 201". Hoversten added the policy recommendation from the Council was to not affirmatively allow the use of UTV's on municipal roadways. Hoversten stated the ordinance change affects the opertation of class II UTV's as proposed and removes language determined to be confusing in Chapter 70 of the City Code regarding the use of these machines when not on the roadways. Hoversten said the intent of the language in Chapter 70 was to allow the abutting property owners to the public land they are adjacent to and was not intended to enact code to allow UTV's to be used on City streets. Hoversten said the proposed amendments do not affect the operation of snowmobiles which will not change with proposed language and have been provided for separately. Salazar asked OPD Deputy Chief Chris Fischer to elaborate on the ordinance amendment. Fischer said the use of ATV's is not allowed in any of the four cities the OPD serves. Fischer said he has heard that the City of Prior Lake has recently allowed this use via ordinance. Fischer said one item which needs to be part of this discussion is which vehicles can be used on county roads, noting the process for approval would need to be granted through Hennepin County through a companion ordinance. Salazar asked Fischer if the City is seeing an increase in use of UTV's. Fischer stated his information would be an anecdotal comparison to 30 years ago, but that he has noticed an increase in UTV's in the City, again emphasizing he has no hard data to confirm. Fischer said the OPD has responded to businesses operating UTV's which were creating a problem. Hoversten said Minnetrista doesn't allow the permitting or licensing of UTV's. Salazar asked if Orono PD is stopping UTV use in Orono and Fischer responded that until recently the OPD and residents didn't know what was legal or not and in some instances OPD officers didn't give out good information to residents. Fischer stated all entities need to be on the same page regarding UTV's on municipal roadways. Salazar asked if Fischer thought Mound City Council Minutes — May 11, 2021 they were a hindrance to traffic in Orono. Fischer said there have been a few problems with children on UTV's and those concerns were addressed. Pugh asked Fischer if he thought about the potential impact on pedestrians or bicycles if they were allowed and Fischer said he couldn't say, but noted Class II UTV's must be driven on the far right side of the road and would be sharing the space with pedestrians and bicycles. Larson asked if Fischer knew how many tickets the OPD has given or how many stops for UTV's have been made. Fischer said he didn't have those numbers but thought it was low. Larson asked if there was a clear definition of the difference between an ATV and UTV, noting the Council is not taking about snowmobiles in the ordinance amendment. Larson said some of these vehicles have passenger seats with seat belts, roll bars and a license plate and are these the vehicles the Council is discussing as a UTV. Salazar asked if these vehicles have license plates. Fischer said a vehicle which Larson described would be a UTV and a Class II vehicle which have side by side seating, in addition to specific engine size, vehicle weight and safety features. Fischer said an ATV is a vehicle in which the driver straddles the vehicle without a license plate for street use. Hoversten said the UTV is a side by side vehicle with different tire pressure that causes it to react differently than regular vehicles to the road. Hoversten said an ATV can be allowed on streets if the vehicle has factory made safety features which meet state compliance for those safety features. Hoversten said UTV's are generally made in the factory with road worthy characteristics but if there is a City permitting or licensing program each machine would need to be looked at individually to determine whether they meet safety criteria. Velsor asked if a vehicle has a state issued license plate, would the City would have jurisdiction over that state licensed vehicle. Fischer replied that a municipality couldn't give a registration to a licensed vehicle as a City would have no administrative authority. Salazar said there is a Polaris vehicle called a Slingshot which has license plate, is a three wheeler and can go on and off road. Fischer said the Slingshot user can operate the vehicle with a standard Class D endorsement from the State. Holt asked about the addition of section 70-15 of the code which prohibits the use of golf carts and why the City wants to prohibit someone from using a golf cart to go across the street to fill up their boat. Holt asked Fischer if the OPD has pulled over someone on a golf cart which Fischer said the OPD has not. Fischer added that some cities have looked at allowing golf carts but the OPD follows Council direction. Fischer added that Minnetonka Beach was very clear that they did not want golf carts allowed and driven on City streets. Salazar said the issue isn't a golf cart driven across the street or going down the block but rather when they are driven across town and when anyone is overdoing the use of golf carts, UTV's and ATV's. Salazar said the point of the ordinance amendment is to come up with clarity so that the person who drives across town and down many City streets can be addressed. Salazar said the issue is not occasional use for a short distance. Holt said people who were using these vehicles didn't know this was an illegal activity and the City can deal with the people who are driving all over town. Salazar said if the City does allow use, the City would need to define what the boundaries of use would be. Velsor said he purchased an ATV and uses it at his cabin and knows when he brings it home it is not legal and if he drives it to his fish house, he is taking a risk of getting a ticket. Velsor said the amendment to the ordinance will let everyone in town know that they are doing something illegal when they drive these vehicles on the streets of Mound. Velsor said he is getting emails from people saying the Council is taking something away from them but noted as of today, it is not legal and Mound City Council Minutes — May 11, 2021 residents will now know it is illegal to use these vehicles on the street. Salazar said this is an attempt to try to stop the gross abuse and the extensive driving around town and not preventing access to your local street. Velsor said if the City is permits these vehicles in Mound, how will it reign them in so they are not everywhere. Velsor added that when he goes up north, you expect to see ATV's on the street. Velsor said he doesn't expect that level of use in Mound and doesn't know if Mound would have that amount of use if ATV's are allowed. Velsor added that he has thought about taking his ATV to the store but if he did he would have to take City streets to get there and would have no business using an ATV to go across town. Velsor wondered what it would be like if all this use was opened up and everyone could do whatever they want with an ATV or UTV or whatever vehicle without a state issued DOT license on it, adding he doesn't feel they should be able to go wherever they want to go. Fischer said he would like to address one thing regarding the Prior Lake ATV UTV ordinance which he felt would be a challenge for the OPD to enforce, which is the Prior Lake sunrise to sunset time limits. Fischer felt this is unenforceable particularly during winter when people are ice fishing and days are shorter. Fischer requested that any action taken doesn't make enforcement more difficult. Salazar asked how do you enforce the ordinance and draw the line where these vehicles are allowed. Fischer said he wanted to let the audience know that the City could only allow CLASS II vehicles and if Class I ATV's were allowed there would need to be a corresponding legal allowance by the County due to use of County roads throughout town. Fischer added that a Class II vehicle is defined by statute and not by whether it has a license plate and a Class I ATV, 4-wheeler, could not currently go down a County road regardless of the decision of the Council tonight. Michael Kline, 1630 Dove Lane, stated he feels like it should be okay to go down the road and if your neighbor doesn't like it they are free to call the OPD and you could get a ticket. Salazar asked Fischer if the OPD needed to see someone using the vehicle in an illegal manner and Fischer responded affirmatively. Kline said the City of Waconia is researching allowing golf carts and asked the Council to look into this. Kline said he is a golf cart and snowmobile guy and he said there were many comments from the petition he started. Kline said there are nuances with this proposed ordinance amendment such as the need to avoid channels and thin ice signs by maneuvering around the lake in some locations for safety reasons. Kline said he agreed that the Council should form a commission to look into safe ways to access the lake and to publish safe route maps so people don't get a ticket by driving on the road. Kevin Gillis, 4743 Island View Drive, handed out information to the Council regarding the Prior Lake and Waconia rules regarding their new vehicle ordinance. Gillis said both Waconia and Prior Lake have larger populations than Mound. Gillis said there are safe passage routes around less safe areas of the lake and if you can't ride anywhere but on the lake there could be safety ramifications. Gillis said the two cities call for licensed drivers to be at least 16 years old, carry vehicle insurance and use licensed vehicles. Gillis said he didn't like the language of UTV's and ATV's mixing with pedestrians as most of City streets in Mound are 30 or 35 mph roads. Gillis added that these vehicles are quieter than motorcycles which are allowed on the road. Gillis said the Council is looking for a solution to a problem which doesn't exist and if the City requires them to be insured and licensed, there won't be a problem like there is in northern Wisconsin. Mound City Council Minutes — May 11, 2021 Larson said Itasca County MN does not allow ATV's on any county road and it is prohibited to ride them in the Right of Way. Larson said it is isolated up there, noting trails are designated either to allow or not allow ATV use. Heidi Peterson, 1613 Finch Lane, said she is a resident of 20 years and owns a business in Mound. Peterson said when she first got a spot in the dock program it was many blocks from her home and she started to use a golf cart to get to the site because of mobility issues. Peterson added she has a surgically reconstructed knee and uses the golf cart to get up and down the large hill to her current dock. Peterson said while the City would prefer that dock license holders walk to their docks, it is impossible for her to do so. Peterson added that Mound is a recreational town and she enjoys seeing residents use their alternative vehicles and has never once had a negative encounter in almost 30 years she has enjoyed the lake. Peterson noted that many residents use their ATV or UTV or the elderly -use scooters to get around town and to use the lake during all seasons of the year. Peterson said she has never had a negative encounter with an ATV or UTV in Mound. Peterson added there have been many residents who contacted her who said it was essential to have the use of an UTV/ATV for recreational use. Peterson said if there is a ban on these vehicles, residents would need to use licensed vehicles to get to their docks and wondered if parking would be provided for these vehicles. Peterson said over time access to the lake has become more exclusive rather than inclusive. Peterson added the commons were dedicated from 1906 to 1921 for all Mound users to enjoy the lake. Peterson urged the Council to allow reasonable access to the lake by allowing these alternative vehicles which is what the forefathers of Mound wanted. Peterson added there are 1000 signatures from Mound residents who have signed the petition against this proposal. Trevor Nelson, 2620 Tyrone Lane, said he is mainly concerned about allowing UTV's which he said haven't been a problem and noting he did consider ATV's somewhat unsafe if used on the street. Nelson added he is in favor of UTV use on public land as there are many safety features on UTV's and are similar to a car. Salazar asked Nelson how his UTV is licensed. Nelson responded that there is a three-year DNR license for UTV's in which you must have insurance. Alan Leach, 2654 Shannon Lane, said he has lived across from the path to his commons dock for many years and he doesn't know where everyone is seeing the ATV use but noted he never had a problem with any person using motorized vehicles on the commons or parking on the street. Richard Pundsack, 5865 Sunnybook Lane, Minnetrista, asked Larson if UTV's are allowed up north and Larson responded affirmatively. Pundsack said he has a lake place in Detroit Lakes, MN in which UTV's are allowed. Pundsack said he lives in Mound because of the lifestyle it provides and the opportunities it allows. Pundsack said he likes to use the lake in all seasons and using an UTV in the winter on the lake is safer than a street vehicle. Pundsack said UTV's are regulated and very safe, noting he likes to take his UTV to Jubilee and has a right to enjoy these things. Britt Berner, 5050 Glendale Road, stated she is a transportation engineer and moved to Mound in order for her husband, who has little life expectancy, to access the lake as he did in his youth. Berner said her husband does own a UTV which is insured and licensed and has safety equipment, noting there are UTV safety courses available. Berner asked the Council to use the code to enforce those who aren't abiding by the rules and to ticket them. Berner cited a study Mound City Council Minutes — May 11, 2021 which said UTV's have a low fatality rate and, according to the study, motorcycles are much less safe. Berner said her husband takes the UTV to the hardware store and helps their neighbors with it. Berner asked the Council not to disallow UTV's on the street and for the Council to be proactive rather than reactive. Ryan Coatney, 5037 Woodland Road, said he rented a house on Three Points and fell in love with the community. Coatney said people don't need a million -dollar home to have the freedom to access the lake and the ATV's and UTV's give people access to the lake. Coatney said he feels it is harder for inland residents to get that access to the lake. Coatney said he doesn't have an ATV or UTV but one day would like to get one, in addition to a dock on the lake. Kathy Thyr, 1705 Baywood Shores Drive, said she has a Class 14-wheeler which is DNR licensed and insured. Thyr said there is no reason not to allow her to take the ATV to the lake all the year. Thyr said she has friends who drive their ATV's in rural cities and in other rural areas and are allowed to drive in ditches. Thyr said she sees ATV's going down the road at a slow rate of speed and the children passengers are wearing helmets. Thyr said she wants a map for zones of ATV use before sunset as a solution. Mark Meyer, 4540 Island View Drive, said the code had language in the past which allowed all motor vehicles to access the lake from public access. Meyer said the intent of the commons was to provide lake access to all residents of Mound. Jameson Smeija, 1700 Baywood Shores Drive, also addressed the Council and asked for a reading of section 70-14 of the City Code. Hoversten read: 70-14 Driving in parks, commons, and unopened streets and alley rights of way. Unless otherwise posted, no person shall drive or operate motorized vehicles in public parks, commons unopened streets and alley rights of way except on improved roads, trails, designated lake accesses or parking areas as they may exist. Meyer said the intent of forefathers was to get access to the lake and he knew when he moved to Mound he was going to be able to get on the lake without having a high income. Meyer said the Council is looking to prohibit the use of public land because it doesn't like certain types of transportation. Hoversten said the challenge of the code is that it allows for access to unimproved places but street or roadway transit is not permitted by state statute. Hoversten added that statute doesn't allow street traffic of unlicensed vehicles even though they are currently allowed to drive on the commons or on unopened streets and right of way locations. Hoversten said this confusion has caused the Council to ask staff to figure out how to clarify as the Council was not in favor of opening up the streets of Mound to UTV's. Meyer asked what the City is going to do about the trucks and trailers parked on the side of the street. Meyer said he and others would have to park a trailer in order to get their UTV to a lake access. Meyer said he lives about 35 yards from the lake and will have to cause more parking congestion due to trailering his vehicle to the lake. Meyer said the Council needs to decide what kind of town Mound will be. Meyer thinks a decision to continue the prohibition of unlicensed vehicles will create a socially stratified community. Meyer urged the Council to come up with a solution where citizens aren't breaking the law by using prohibited vehicles on the street. Mound City Council Minutes — May 11, 2021 Peterson addressed the Council to ask about abutters being able to access the commons all year round with their UTV/ATV's while disregarding the non -abutters who won't be able to access the Commons. Hoversten said the practice in the City has been for the abutters to use the commons as they are maintaining the public land and the abutters get a different amount of usability of their dock areas as non -abutters are not taking care of the commons to the extent of abutters. Peterson mentioned that non -abutters do take care of their Commons Dock Use Areas and Dock Program staff got on a group of non -abutters for not taking care of extensive weed growth at their dock areas in the past. Peterson stated that the commons weren't created to give abutters a bigger yard but to give access to the commons to all residents. Salazar said the reason why the commons were established was to promote the development of Mound. Salazar said the commons were created by the benevolence of the property owners. Salazar said the early days of Mound was serviced by boats and the passengers would disembark the boats to walk along the commons shoreline to their residences. Merlin Woytcke, 1701 Bluebird Lane, said he has lived in Mound 52 years. Woytcke said he paid for a law suit to protect his right to keep access to the shoreline. Woytcke said he has a golf cart with no break lights but with many safety features including a slow moving vehicle sign. Woytcke said he is in his middle 70's and needs to go on the city street a few blocks to get to the lake and while he won't drive his golf cart to Jubilee he will drive it to get gas. Woytcke said he pulls his motor and gas down to the lake. Woytcke added he transports his abutter neighbors' elderly relatives to the shoreline with his golf cart and stated non -licensed vehicles shouldn't be out after dusk. Chris Stewart, 4725 Island View Drive, summarized what he heard from residents. Stewart said the Mound petition had 1,000 signatures out of 9,000 people and we heard from the OPD there isn't a problem with these vehicles. Stewart said this doesn't make sense as the police don't seem to think this is an issue. Cathy Leach, 2654 Shannon Lane, said she has lived in Mound for 37 years. Leach told the Council that this is their community and not one person has spoken against UTV/ATV/golf cart use so they should listen to their community. Kellie Gillispie Coen, 5361 Baywood Shores, asked if the intent is to take recreational enjoyment away from anybody. Gillispie said her home in AZ has a population of 23,000 and is the same distance to the airport as Mound is to downtown Minneapolis. Gillispie said UTV's are legal to be on the street and are far safer than a motorcycle. Gillispie said she sees people use these vehicles for errands and doesn't see an issue with UTV use as they don't take over the roads. Gillispie said the Council needs to put out something that is enforceable and step back and put a commission together which can solve the issue. Brian Nelson, 2620 Tyrone Lane, said he has ridden his UTV Class II around town since 2017 to go to Jubilee, get gas and other things and has been getting the police called on him many, many times. Nelson said he got an OPD report saying Class II vehicles were legal last year. Nelson said he has a DNR license and has never had a ticket issued. Nelson wants the Council to open up Class II vehicles to streets like Waconia and Prior Lake. Johnele Chapman, 1637 Eagle Lane, said while she doesn't have an ATV/UTV and doesn't plan on getting one, reducing ATV/UTV's would be limiting non -abutters. Chapman said she lives Mound City Council Minutes — May 11, 2021 across from a City park on Dove Lane which is used by non -abutters to get onto the lake in winter and noted even abutters need this park to access the lake. Jane Anderson, 5060 Edgewater Drive, said she thinks a lot of people have ATV and UTV's and are using them around town, noting if there is a change to the code, there will be golf cart used as well. Anderson said people are going to continue to use their ATV's but the City will have a problem if golf carts and Class II vehicles are allowed when they are not street legal and urged the Council not to allow ATV and UTVs in Mound. David Handt, 4622 Kildare Road, said he lives on the lake and rides his ATV on the road all the time, including to his ice house, and would like the Council to change the code so he doesn't have to break the law. Salazar said he would like to propose bringing this discussion back to the Council and for the Council to form a commission of two council members and staff to research this issue further and possibly come up with a solution. Salazar said that he understands the passion and we have listended to you. Larson said she agreed with forming a commission and Pugh agreed that the Council should take more extensive look at this and make sure we are representing pedestrians and others in the community who are using our road system. Velsor said he is good with the commission idea. Holt said he moved to town four years ago and he doesn't own a UTV or ATV but does own a snowmobile and is worried about a slippery slope, noting the people came out to make their voices heard. Salazar asked for two volunteers for the committee and Velsor and Holt agreed to work with staff to study the issue. MOTION by Salazar, seconded by Larson, to establish a special committee with Velsor and Holt, City staff and the OPD to further investigate the use of streets and public land and to come up with recommendations for the Council to consider. All voted in favor. Motion carried. 8. Mark Wegscheid 2465 Lost Lake Road requesting the City Council to consider amending Resolution No. 88-15 with regard to dock sites on Lost Lake Channel Pausche addressed the Council with the request from Mark Wegscheid to reconsider City Council Resolution 88-15 to allow another abutting dock to be assigned to his property. Pausche said she researched the request and found at the time the dock sites were created, the City Attorney gave his opinion that the City should not over restrict access to the public waters when they don't have to. Pausche said the discussion on the establishment of the docks sites in 1988 was purposeful and deliberate and that it appears the abutting status of two lots was attributed to the drainage, utility, and walkway easements recorded on the properties. Pausche provided documentation in the packet to assist the Council in making an informed decision. Pausche said the Docks and Commons Commission (DCC) voted 4-1 to recommend approval of the request. Pausche said the one no vote felt that the abutting docks were due to the easements but noted only one has the walkway easement which leads him to question whether both should have been assigned abutting status in the first place, while the other DCC members focused on the proximity to the traversable, improved portion of Lost Lake Park. Mound City Council Minutes — May 11, 2021 Mark Wegscheid, 2465 Lost Lake Road, addressed the Council by saying he reviewed the original decision on allocating abutting docks at Lost Lake Commons and felt his property abutted the park in the same way the other two abutting properties did and that is why he made the request to the Docks and Commons Commission and the Council. MOTION by Salazar, seconded by Larson, to authorize staff to prepare a resolution establishing 2465 Lost Lake Road as an abutting address. All voted in favor. Motion carried. 9. Catherine Pausche, Director of Finance and Administrative Services, requesting discussion and action on the following: a. An Ordinance amending Chapter 78 of the Mound City Code as it relates to Waterways b. A Resolution authorizing publication of an ordinance by title and summary, as it relates to Waterways Pausche said the proposed ordinance amendment addresses the share program and dedicated commons. Pausche said current code language allows some people on the wait list and dedicated commons to get into the dock program earlier than the majority of wait list applicants and the proposed changes are intended to make the waits more equitable. Pausche stated the wait list grown to over 225 applicants and there is also a concern about managing boat numbers in the dock program. Pausche said that the current share program allows someone who has been on the wait list one year to get into the dock program and can take over a dock site after two years if the primary license holder leaves while it takes seven or more years for someone who is on the wait list to get into the dock program the regular way. Pausche said people in dedicated neighborhoods also typically get a site in less time, particularly in Woodland Point. Pausche noted Woodland point has straight docks with 2 boat slips on each side, making some sites less appealing. Pausche said some Woodland Point residents take a dedicated slip site and then request to move into the general dock program the following year, which takes a spot that would otherwise be available to the regular wait list. Pausche said the ordinance amendment would allow Woodland Point residents into the dedicated sites as soon as possible, but require them to wait an equivalent amount of time as a typical wait list applicant to get into the general dock program. Pausche added that the secondary share status will end and existing secondary shares will be grandfathered. Pausche said new potential shares will need to reach the top 40 in the wait list and will be treated as a primary dock holder in order to increase the stakes and prevent any undermining of the program rules. Pausche said these amendments are proposed to allow entry into the dock program to be more equitable and more standardized and to limit possible abuses by and of people in the dock program. Holt asked how many shared docks are in the program which Pausche said there are 17 shared sites. Salazar repeated a situation where an elderly couple responded to an ad and were led to believe they could be a share on an abutting dock. Salazar said the elderly couple lost $3,000.00 when this arrangement was discovered by Dock Administration through the inspection process. MOTION by Larson, seconded by Velsor, to approve the following ordinance. All voted in favor. Motion carried. Mound City Council Minutes — May 11, 2021 ORDINANCE NO. 03-2021: AN ORDINANCE AMENDING CHAPTER 78 OF THE MOUND CITY CODE AS IT RELATES TO WATERWAYS MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-45: RESOLUTION AUTHORIZING PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY, AS IT RELATES TO WATERWAYS 10. City Engineer Brian Simmons presenting the Shoreline Drive Dakota Trail pedestrian crossing safety improvement study and requesting approval of the study, determination of preferred improvement option and release of final report to Three Rivers Park District and Hennepin County Simmons presented the results of safety and traffic study of the pedestrian corridor in the Shoreline Drive, Belmont Lane and Auditors Road area which the Council previously authorized. Simmons said the study focused on the two pedestrian crossings on Shoreline Drive, noting the crossings are marked differently and use different rules and have been a safety concern of both residents and partner agencies. Simmons said there were different scenarios used for the engineering study and three alternatives have been proposed as a result. Velsor asked if the City is making the decision or recommending the study to the other agencies. Simmons said the Council is taking the lead in how to move these safety improvements forward while working on how the improvement would be paid for by the City and other agencies. Simmons said two areas which were explored and rejected were a pedestrian crossing above the roadway which would have taken up too much of the green space in the Harbor District and a below grad tunnel which the water table made unfeasible. Simmons then offered Alternative 1 — This scenario consolidates the pedestrian crossings at Auditors Road and removes turn lanes so there are no left turns out of Auditors to Shoreline Drive, there is a larger central median for safer crossing, and the roadway will be reconstructed with two overhead Rectangular Rapid Flashing Beacon's (RRFB) to alert drivers of pedestrians crossing. Velsor asked if there is advanced warning and Simmons said there will be two advanced signage warnings. Simmons said the roadway would be narrowed to one lane from two as traffic count was looked at while trying to balance cost and the narrowing of the roadway. Simmons said this alternative is a compromise between driver compliance and pedestrian safety. Velsor asked about Auditors Road which Simmons said is functionally redundant and Hoversten said lessening the need for Auditors Road would leave more room for the green space/park in the Harbor District. Salazar agreed with the concept of less road would lead to more park with the removal of Auditors Road as a through road. Hoversten said ideas for the green space will come out of the Thursday's Parks Commission meeting which will take in the feedback received from the community survey on the area. m Mound City Council Minutes — May 11, 2021 Holt asked if the RRFB goes over the road and Simmons said yes with one overhead and one at street level. Simmons presented Alternative 2 which consolidates the crossings of Shoreline at Belmont Lane and has an Option A for a traffic signal and an Option B for an Overhead Rectangular Rapid Flashing Beacon. Simmons said this alternative will also narrow the roadway and realign the Dakota Trail. Simmons said based on the traffic count a signal is unwarranted and Hennepin County (HC) would not allow the stacking of cars in the Belmont and Commerce intersection areas. Simmons said this scenario would reduce lanes to allow for better traffic flow. A discussion ensued about Auditors Road and the remaining parking area along Auditors Road which may no longer be a through street when redevelopment occurs. Pugh said the discussion about Auditors Road being closed off from through traffic was discussed by the Planning Commission. Salazar said citizens want a city -center park and green space. Simmons said this scenario would include a driveway into the parking deck. Simmons said there is pedestrian channeling engineered into each of the scenarios presented. Simmons said in Alternative 2, the channeling would compel pedestrians to use Belmont and not the former trail crossing. Simmons and Hoversten said with options 2A and 2B there will be a reduction in car lanes down to one lane with stacking and turn lanes and some form of pedestrian crossing which in 2A is a traffic signal at Belmont and in 2b is the overhead RFFB at Belmont. Hoversten said the reconstruction at Belmont in the Alternative 2 option would make Shoreline Drive a one -lane through Mound and increase construction costs to remake the interchange. Simmons offered Alternative 3 which would consolidate crossing at Commerce Blvd. Simmons said Alternative 3 would have the Dakota Trail run west along the north side of Shoreline Drive from Commerce Blvd. to Westedge Blvd. Hoversten said there is a known preference of the users of the Dakota Trail to be separated from the road making this the less desirable option and lessen the likelihood of compliance. Simmons presented a table scoring the three alternatives based on project goals of cost, safety, compliance and community. Simmons said Alternative 1 was the only option to meet all measures including financially responsible, user safety, efficient and reliable mobility and infrastructure compatibility with other resources. Simmons noted Alternatives 2 and 3 minimally met safety measures and Alternative 3 was rated minimal for infrastructure compatibility as it would not go through downtown Mound and the trail services in the Harbor District area. Hoversten said all of the options have concerns and issues and the consolidation of the crossing at Auditors Road was the best of not perfect options which prioritizes bikers over the road traffic. Simmons said the engineering study can be taken to other agencies with the option which has been identified to be the smartest, safest thing to do and added Hennepin County will fund is Mound City Council Minutes — May 11, 2021 projects which make safety improvements and Three Rivers has indicated this is the crossing they are most concerned about. Hoversten said the Council action is to instruct staff on their preferred option and grant final approval of the study. Hoversten said Mound staff could then share this information with Three Rivers Park District staff who can share this information with the Three Rivers Board of Directors at their May meeting. Hoversten said Mayor Salazar and staff have met with Mound's Three Rivers Park Board Representative Marge Beard and their Executive Director and those two stated their preferred option would be Alternative 1. Hoversten said the Three Rivers team will need to get buy in from the Three Rivers Park Board which then can send this option to Hennepin County staff and Commissioners. Hoversten said Council Members can reach out to Mound's two Commissioners with Alternative 1. Hoversten said Three Rivers has emphasized this option due to the crossing being changed for safety improvements. Simmons said the costs of the project haven't been completely figured out due to not knowing when the crossing would be rebuilt and to emphasize the focus was pedestrian safety and not cost of the project. Hoversten noted the addition of the RRFB at Auditors Road was the most cost-effective of the preliminary cost estimates for the different scenarios. Hoversten said a traffic signal at Belmont with more road striping for crosswalks would be the most expensive. Holt asked about using an overhead RRFB at the Commerce Blvd. Dakota Trail crossing. Holt thought this would be a missed opportunity to not have flashers at Commerce added to the proposal. Simmons said Three Rivers staff were reticent about asking Hennepin County for a second crossing but the City can ask for an estimation of the cost for secondary crossing lights on Commerce. Simmons said they can cost out the crossing at Commerce separately and call it option 1 B The Council discussed the safety concerns of the trail crossing at Commerce. Larson said the crossing of Shoreline at Auditors Road is a gauntlet, noting it is a trail crossing and not a crosswalk and trail users are not following the stop sign at the trail. Larson added many bikers enter into traffic and she would prefer a trail crossing with a stop sign for trail users. Larson said she would prefer that Belmont Lane would become a cross walk with lights. Hoversten said the Belmont crossing would not be emphasized in current options because of the channeling of pedestrian traffic must be addressed by combining trail and pedestrian crossings and Alternative 1 is the best of imperfect solutions based on cost and potential buy in from partner agencies. Hoversten said a partnership with Three Rivers in bringing funds to the table to Hennepin County is going to get the best response from Hennepin County. Larson said she is in favor of only one crossing of Shoreline at Belmont and not Auditor's but wouldn't like a second crossing at Belmont if the Auditor's Road crossing is the choice. Hoversten said the construction design of the corridor would have to have physical barriers to deter pedestrians from crossing at Belmont. Salazar said he likes Alternative 1 while Larson and Pugh said they like #2 because it is only one crossing and is safer. Simmons said it's great to get Council input but noted the conclusions of the engineering study are not up for debate. 12 Mound City Council Minutes — May 11, 2021 Council and staff discussed the design phase of the project will be the time to come up with ideas on addressing the crossing at Belmont, noting the road would need to be pinched because of where Belmont is in the curve. Hoversten said the idea to reduce lanes on Shoreline would not be favored by the community and would be more expensive because the costs without Hennepin County funds would put the burden on the City alone. MOTION by Salazar, seconded by Holt. Velsor, Salazar and Holt vote in favor and Pugh and Larson voted no to finalize the Dakota Trail crossing report with preferred option and Commerce Blvd crossing improvements with corresponding Resolution approving the engineering study. Motion carried 3 to 2. MOTION by Salazar, seconded by Holt, to direct staff to prepare a resolution recommending Alternative A, finalizing the report, and adding an option for the Commerce Blvd. trail crossing to be shared with partner agencies. The following voted in favor: Salazar, Velsor, Holt. The following voted against: Larson, Pugh. The following abstained: None. Motion carried. 11. City Engineer Brian Simmons requesting action on a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2021 Entrance Monumentation - Proiect PW 21-13 Simmons brought forward the updated design plans for the entrance monument and noted the updated cost estimate includes an additional $8,000 due to materials cost increase. Simmons said the sign is abutting the property line to maintain the Hennepin County Rail Road Authority corridor. Simmons said there is a resolution in the packet to order bids. Salazar thanked Larson and Velsor for their work on this project and said the monument is a tremendous improvement and an investment in the future of the City. MOTION by Velsor, seconded by Larson, to approve the following Resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-46: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2021 ENTRANCE MONUMENTATION - PROJECT PW 21-13 Simmons said the Water Treatment Plant Feasibility Study will be presented to the Council next month and he will keep the Council informed of progress in this area. Hoversten announced that State Senator Osmek and State Representative Morrison have been notified of the acceptance of the funding application in order to better position the City in securing state bonding dollars. Hoversten said US Congressman Phillips has also been made aware of the application and US Senator Tina Smith's staff have inquired about the project. 12. Catherine Pausche, Director of Finance and Administrative Services, with an update on Cemetery improvements and requesting the City Council appoint a subcommittee of two Council Members to work with Staff on developing options. Pausche said the Council discussed the concept of an ash burial columbarium versus a survey and platting of the remaining area of the Cemetery in September. Pausche requested a sub- committee be appointed to work with Staff to come up with options for the Cemetery. Larson and Pugh volunteered to be committee members on this project. 13 Mound City Council Minutes — May 11, 2021 MOTION by Larson, seconded by Pugh, to appoint Larson and Pugh to a subcommittee of two Council Members to work with Staff on developing options for Cemetery improvements. All voted in favor. Motion carried. 13. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten highlighted the following: • May 15t" Gillespie Center plant sale fundraiser at Mound True Value • May 22nd Mound Farmers Market and More opens • July 16 and 17 Spirit of the Lakes Festival planning to hold 2021 event • May 31 City Hall closed for the Memorial Day holiday. Discussion ensued on whether to return all meetings to the Council Chambers and it was agreed to no longer hold meetings at the Westonka Performing Arts Center based on new guidance. B. Reports: Fire Department — March & April 2021 Liquor Store — April 2021 Engineering — 3/31/2021 YTD C. Minutes: Planning Commission: 3-16-21 Special Meeting Workshop D. Correspondence: Gillispie Center hosting vaccine clinic for 18+ May 13t" 10. Adjourn MOTION by Velsor, seconded by Holt, to adjourn at 11:03 p.m. All voted in favor. Motion carried. Attest: Kevin Kelly,'Clerk 14 Mayor Raymond J. Salazar