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2021-09-28 CC Meeting MinutesMOUND CITY COUNCIL MINUTES September 28, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 28, 2021 at 7:00 p.m. in the Council Chambers in 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, City Clerk Kevin Kelly, Rita Trapp, City Planner, Brian Simmons, City Engineer, Kelly Morrison, Zina Vitez, Pam Myers, Sarah Beck, Troy Patrin, Terry Confer, Steve Shoop, Gene Hostetler, Dave Holds, Graham Neve and Wells J. Wright 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 Pledge of Allegiance 3. Approve agenda MOTION by Velsor, seconded by Larson, to approve the agenda. All voted in favor. Motion 4. Consent agenda MOTION by Larson, seconded by Pugh, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $210,385.48. B. Approve minutes: 9-14-21 regular meeting C. Approve Payment of invoice in the amount of $985,340.74 to Metropolitan Council Environmental Services (MCES) for the 2018 Wilshire Watermain Improvements project completed under cooperative agreement with MCES D. Approve 1 to 4 Day Temporary On -Sale Liquor License for the Knights of Columbus Spaghetti Dinner Fundraiser on Saturday, October 2, 2021 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. MN House District 33B Representative, Dr. Kelly Morrison providing an update on district legislative activities and responding to questions/comments from the public. Mound City Council Minutes — September 28, 2021 Kelly Morrison addressed the Council on legislative activities she has been working on and session updates. Morrison said it has been difficult working through the pandemic and appreciated the 9/11 memorial event held by the City. Morrison stated the legislature has passed two bipartisan compromise budgets over the past two sessions with a divided legislature, noting Minnesota is the only divided legislature in the Country. Morrison commented even with a divided chambers, 13 omnibus bills were passed. Morrison said her main focus has been working on Covid-19 measures and the economic recovery from the pandemic. Morrison said a $52 billion budget was passed which included increased funding for education with a focus on reducing racial disparities in the State. Morrison said she would have liked to see more done on climate change and the environment. Morrison said she serves on two health committees and worked to respond to disparities in maternal and child health which included expansion of Medicaid benefits from 60 days to 12 months post-partum to ensure new mothers had access to services all across Minnesota. Morrison said the bills she worked on included dental care reform, increase CCAP rates, making health insurance more affordable through MNSure, including eligibility expansion and children's asthma coverage. Morrison highlighted her work on expanding health service and outcomes to people experiencing homelessness. Morrison highlighted the following budget priorities: • Youth tobacco use prevention with critical funding to continue those efforts. Minnesota Telehealth Act was passed which allowed more people to safely receive care remotely and to expand service access to rural and other hard to serve areas • Approved Psychiatrist licensing over state lines to expand mental health services in MN General Education funding formula increases over the next two years to include funding for after school and summer learning programs, maintaining Pre-K services, and reducing funding gaps for special education and English language services State and Federal Aid increases for child care services, provider pay and access for families Grants to increase technology use for kids in school Public Safety Judiciary Bill and Hometown Hero's Act Fire Fighters to address health issues Compromise Bill passed on Environment and Natural Resources Conference Committee which included PFAS chemical ban, Emerald Ash Borer management and Aquatic Invasive Species research funding $1 Billion in tax cuts and business tax relief, unemployment insurance, expansion of the working family tax credit and historic restoration tax credit Morrison highlighted the following local issues which were included in the legislative session: • Authored bill with Senator Osmek on the Excelsior Commons restoration which included local sales tax to fund the restoration • Critical water infrastructure needs in Minnetonka Beach, Tonka Bay and Spring Park and funding transportation safety issues like the repair of a dangerous bridge in Deephaven Morrison said she has been working with the Mayor and staff to find ways to fund the Mound water infrastructure improvements needed to ensure safe and affordable water service. Morrison said she is working with the Capital investment Committee and making sure that the Mound water infrastructure project is on the list for funding improvements. Morrison said the Mound City Council Minutes — September 28, 2021 State House is impressed by the work of Mound in moving the water infrastructure project forward. Salazar thanked Morrison for her work on behalf of Mound and the district. Holt mentioned the Mound water treatment needs and the Dakota Trail Crossing as issues facing Mound. Morrison said she was not aware of the Dakota Trail issue. Salazar briefed Morrison on the Dakota Trail crossing over Shoreline Drive and the work the City is doing collaborating with the Three Rivers Park District and Hennepin County. Salazar said the City has completed a traffic study of this area and provided it to both parties. Hoversten said a meeting is scheduled for this Thursday with Hennepin County staff and another meeting with Commissioner LaTondresse on October 6th. Hoversten said it is a complex project due to the need for other agency cooperation. Pugh noted Morrison met with Dr. Pam Myers of the Mound Westonka Historical Society (MWHS) and discussed the proposed partnership between the MWHS and Hennepin County Library which Pugh said would strengthen the presence of the MWHS museum in Mound. Salazar said City staff led Morrison on a tour of the water system in the City which would be a great opportunity for Brian Simmons to give an update on the water treatment project. Simmons said the City received a score of 10 from the Public Facilities Authority, noting other city's projects were rated in the 8 to 12 point range. Simmons said the rating is based on the particular needs of each entity with the 10 rating putting Mound in the fundable range. Simmons noted the City is also still seeking out other areas for funding. Salazar said the City is looking for funding for treat the manganese levels in the drinking water which exceeded the health based value for manganese. Salazar said the City has held three community discussions about the water treatment situation in Mound and have communicated directly to residents. Morrison said she understands that the City has been in touch with Congressman Phillip's office as the project will take both Federal and State funds. Morrison suggested the City recreate the tour she was given when the Capital Investment Committee tours the facilities in Mound which may happen in late October. Salazar said the City has met with Congressman Phillips and hopes to offer a tour to Philips as well. Hoversten said the funding from the Federal Government is important in conjunction with a community based project and the State's infrastructure bill as only so many districts can get their projects funded. Hoversten said the City has reached out to Dean Phillips and it did not appear the funding will be specific line items as the funds, if they get approved, will go through the state of Minnesota. Hoversten asked those present to reach out to their legislators about supporting the project. 7A. Planning Case No. 21-07 Public Hearings - Consideration/action on proposed amendments to City Code Chapter 129 129 (Zoning Ordinance) and Official Zoning Map for consistency with 2040 Comprehensive Plan. Applicant: City of Mound Mound City Council Minutes — September 28, 2021 Trapp presented the work completed on the zoning code to make it consistent with the City's 2040 Comprehensive Plan. Trapp said staff are attempting to reduce the inconsistences in the zoning map and zoning code, reduce redundancy, provide flexibility to property owners and complete a general updating of the code to reflect modern development standards. Trapp said the definitions of uses in the zoning code were also updated. Trapp added the updates include new mixed -use districts, the new C-1 district, modifications to the Zoning Code Use Table, PUD/PDA regulations and Zoning Map change. Trapp said the existing Zoning Districts structure will change as commercial and mixed use districts are consolidated into one general mixed -use commercial district. Trapp said the 2040 Comprehensive Plan amends the zoning map to create two mixed -use areas, the Mixed -Use Downtown Lakes and the Mixed -Use Corridor which is the attempt to encourage a mixture of uses and give flexibility to developers in those areas. Trapp said PUD's serve as guidance to create a vibrant environment that is high quality and pedestrian friendly and which won't prevent current uses if an expansion is no larger than 50%. Trapp said the new mixed -use districts will serve as a proactive communication to developers and property owners of the standards expected and the potential flexibility with traditional setbacks in order to encourage development toward the roadway with buildings fronting the roadway and parking in back. Trapp added there is a step -back provision included in these districts which will require buildings above the second story to have an eight feet step back after the second floor to provide a more pedestrian friendly environment. Trapp said private, useable, open space at mixed -use structures will have a requirement of 200 feet of open space per unit. Trapp said this open space could be green space, rooftop, plazas or other natural areas. Trapp said architectural design standards are also included. Trapp said the proposed C-1 District will consolidate the B2 and B3 districts, noting only a handful of parcels remain after the mixed use districts are formed. Trapp said a set of properties on Three Points Blvd. included in the re -zoning asked to be tabled by the Council in order for continued discussion and action before the Planning Commission (PC). Trapp said the non-residential use tables in the zoning code definition will be separated into Principal and Accessory use and reference to Shoreland districts will be removed. Trapp said the remainder of the proposed amendments are to create consolidation and simplicity. Trapp said the PUD and PDA's will be consolidated into a PUD which will be the tool for evaluating CUP's. Trapp said the new proposed zoning map shows the districts which are being rezoned to be consistent with the 2040 Comprehensive Plan. Trapp said the PC reviewed the text amendments on July 6 and September 7th and the PC recommended adoption. Trapp said the PC will come back with recommendations regarding the proposed tabled items in the agenda. Mound City Council Minutes — September 28, 2021 Trapp requested the public hearing and informed the Council that the action to approve rezoning requires 4 out of 5 Council votes, per the City Attorney, in addition to the resolutions approving publication by title and summary. Velsor asked about the concerns of the Three Points Blvd. property owners as the properties look like residential properties. Hoversten said the C-1 zone amendment would change from a Business Zoning District and since the properties Velsor mentioned are surrounded by residential use, it seems to makes sense to rezone these properties C-1. Salazar opened the Public Hearing at 7:53 Terry Confer, 5553 Three Points Blvd., said he had a technical question and spoke to Eric Hoversten and Sarah Smith about City Well House's 4 and 7 and was concerned about the zoning change to R-2 from D-2. Confer said a lot needed to be a minimum of 14000 square feet and this parcel doesn't fit into the R-2 requirements. Confer also said the City has an easement over private property in order to access the City -owned property. Confer asked if the easement changes when the zoning changes and is there a need for a new easement? Hoversten said the easement may be part of a subdivision which was broken up over the years and the R-2 district is the best fit for the property. Hoversten added the lot size criteria would not be a concern as it is highly unlikely the City would sell the property due to the extensive infrastructure in place. Hoversten said the City would not want to burden a future property owner with assuming ownership of a lot with capped wells and with the underground infrastructure in place. Hoversten said staff felt the R-2 was the best fit as all the adjacent property is residential. Hoversten added that easements run with the land not with zoning. Gene Hostetler, 6168 Sinclair Court, said he owns the property at 2426 Commerce Blvd. and said his son wants to buy the property. Hostetler said his son is an artist and would like to show his artwork on the first floor with living quarters above as the building was a commercial space in the past. Hoversten said the proposed mixed -use district would allow for the flexibility to accommodate the use that Hostetler mentioned. Salazar closed the public hearing at 8:08 Requested Actions MOTION by Holt, seconded by Velsor, to approve the following ordinance. Velsor, Holt, Pugh and Salazar voted in favor. Larson abstained. Motion carried. 1. ORDINANCE NO. 05-2021: ORDINANCE AMENDING DIVISION 2 OF CHAPTER 129 (ZONING ORDINANCE) PERTAINING TO MIXED -USE DISTRICT REGULATIONS MOTION by Holt, seconded by Velsor, to approve the following resolution. Velsor, Holt, Pugh and Salazar voted in favor. Larson abstained. Motion carried. Mound City Council Minutes — September 28, 2021 1a. APPROVE RESOLUTION NO. 21-95: RESOLUTION AUTHORIZING PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY, AS IT RELATES TO MIXED -USE DISTRICT REGULATIONS MOTION by Holt, seconded by Larson, to approve the following ordinance. All voted in favor. Motion carried 2. ORDINANCE NO. 06-2021: ORDINANCE AMENDING CHAPTER 129 (ZONING ORDINANCE) CONCERNING PLANNED UNIT DEVELOPMENTS AND PLANNED DEVELOPMENT AREAS MOTION by Holt, seconded by Pugh, to approve the following resolution. Velsor, Holt, Pugh and Salazar voted in favor. Larson abstained. Motion carried. 2a. APPROVE RESOLUTION NO. 21-96: RESOLUTION AUTHORIZING PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY, AS IT RELATES TO PLANNED UNIT DEVELOPMENTS AND PLANNED DEVELOPMENT AREAS MOTION by Larson, seconded by Pugh, to approve the following ordinance. All voted in favor. Motion carried. 3. ORDINANCE NO. 07-2021: ORDINANCE AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP TO CHANGE THE ZONING DISTRICT FOR A NUMBER OF PROPERTIES TO COME INTO COMPLIANCE WITH THE 2040 COMPREHENSIVE PLAN MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. 3a. APPROVE RESOLUTION NO. 21-97: RESOLUTION AUTHORIZING PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY, AS IT RELATES TO CHANGING THE ZONING DISTRICT FOR A NUMBER OF PROPERTIES TO COME INTO COMPLIANCE WITH THE 2040 COMPREHENSIVE PLAN MOTION by Salazar, seconded by Holt, to table the following ordinance and resolution. All voted in favor. Motion carried. 4. Approval of Ordinance No.= 2021 Amending the City of Mound Official Zoning Map to Change the Zoning District for a Number of Properties to MU-C Mixed -Use Corridor District 4a. Approve Resolution No. 21-_Authorizing Publication of an Ordinance by Title and Summary, to Change the Zoning District to C-1 General Commercial District for a Number of Properties MOTION by Holt, seconded by Velsor, to approve the following ordinance. All voted in favor. Motion carried 5. ORDINANCE NO. 08-2021: ORDINANCE AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP TO CHANGE THE ZONING DISTRICT FOR A NUMBER OF PROPERTIES TO MU-C MIXED -USE CORRIDOR DISTRICT Mound City Council Minutes — September 28, 2021 MOTION by Velsor, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. 5a. APPROVE RESOLUTION NO. 21-98: RESOLUTION AUTHORIZING PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY, TO CHANGE THE ZONING DISTRICT FOR A NUMBER OF PROPERTIES TO MU-C MIXED -USE CORRIDOR DISTRICT MOTION by Holt, seconded by Velsor, to approve the following ordinance. Velsor, Holt, Pugh and Salazar voted in favor. Larson abstained. Motion carried 6. ORDINANCE NO. 09-2021: ORDINANCE AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP TO CHANGE THE ZONING DISTRICT FOR A NUMBER OF PROPERTIES TO MU-D MIXED -USE DOWNTOWN DISTRICT MOTION by Velsor, seconded by Pugh, to approve the following resolution. Velsor, Holt, Pugh and Salazar voted in favor. Larson abstained. Motion carried. 6a. APPROVE RESOLUTION NO. 21-99: RESOLUTION AUTHORIZING PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY, TO CHANGE THE ZONING DISTRICT FOR A NUMBER OF PROPERTIES MU-D MIXED -USE DOWNTOWN DISTRICT MOTION by Salazar, seconded by Larson, to table the following ordinance and resolution. All voted in favor. Motion carried. 7. Approval of Ordinance No.= 2021 Amending Division 2 of Chapter 129 (Zoning Ordinance) Pertaining to Allowable Uses and Establishment of C-1 General Commercial District 7a Approve Resolution No. 21- Authorizing Publication of an Ordinance by Title and Summary, as it Relates to Allowable Uses and Establishment of C-1 General Commercial District 7B. Planning Case No. 21-09 Public Hearings - Consideration/action of Major Subdivision -Preliminary Plat of Sunset View Villa and Conditional Use Permit for a Planned Unit Development for property at 2631 Commerce Boulevard Trapp said this property is located on Commerce Blvd. just west of the Commerce Blvd. and Bartlett Blvd. intersection. Trapp said this property was zoned B-1 but is now part of the mixed use corridor based on the zoning changes approved tonight. Trapp said there is an existing four-plex and a single family home on the property and the proposal is to renovate single family home, convert the four-plex into a duplex, and create two lots for each of the buildings. Trapp said the proposal has been reviewed based on the new mixed -use corridor district requirements, including a Major -Subdivision preliminary plat application and a Conditional Use Permit (CUP) application. Trapp said the proposed single family structure is more than 80 feet from the roadway, each lot will have 10 feet setbacks on side lots with private easements, and all existing structures are under 35 feet in height. Trapp added the properties have an easement for a shared curb cut and a combined shared access. Trapp said the parking will be altered as each of the duplex Mound City Council Minutes — September 28, 2021 units have a requirement of two parking spaces per unit. Trapp said the parking will be along the side of the building which is a change as the parking area at the rear will be removed. Trapp said the CUP is a tool of the Residential Shoreland Unit Development and the site meets the minimum requirement of at least one acre of area. Trapp said there is an existing porch which is within 50 feet of the Ordinary High Water mark which will be improved and repainted. Trapp said there are utilities on site and both properties are under 30% allowable hardcover, noting the Met Council Environmental Services, MN DNR and Center Point Energy had no concerns about the project. Trapp said the Planning Commission did review and hold a public hearing on September 7th, the property owner addressed staff and PC concerns and both staff and the PC recommend approval. Trapp added this proposal retains a historic building in the community. Salazar said the development is a great idea as the property was an apartment building and this brings the building back to a single family home. Velsor asked about the water and power for each property and if they are separated and Hoversten said it is a requirement to separate. Velsor asked about the orientation of the garage and Trapp said the garage was reoriented due to the location of sewer lines which were difficult to find. Velsor asked if the driveway was going to be paved and Hoversten said the City Code requires driveway condition upgrades with the addition of a new garage. Salazar said he was impressed that this will be a single family property as the property was originally a hotel and thanked the developer for not cutting up the home. Salazar opened the public hearing at 8:35 pm. Troy Patrin, 2625 Commerce Blvd., said he is the neighbor to the north of the property and is concerned about the easement and the parking lot being removed from the back of the duplex. Patrin said he is concerned about having access to his garage in the back of his lot, keeping the easement in place and not losing his driveway. Patrin also questioned whether the new water line running to the duplex would impact his access to his garage, but noted he thinks the redevelopment is cool. Hoversten said the easement on the properties is a private easement and that is a private matter between the parties. Hoversten said the separate water lines will be identified in the final plat and show how the water and sewer services reach the street. Trapp said the driving area in the back of the structure will be removed. Hoversten and Patrin talked about the private easement not being an object of City overview. Salazar closed the Public Hearing at 8:44 pm Requested Actions Mound City Council Minutes — September 28, 2021 MOTION by Velsor, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. 1. APPROVE RESOLUTION NO. 21-100: RESOLUTION APPROVING MAJOR SUBDIVISON-PRELIMINARY PLAT OF SUNSET VIEW VILLA MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. 2. APPROVE RESOLUTION NO. 21-101: RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR SUNSET VIEW VILLA 8. City Manager Eric Hoversten requesting action on an Ordinance Amending Chapter 78 of the Mound City Code as it relates to Waterways Hoversten said the staff memo describes the ordinance amendment which puts in place the priority user status for the Artessa coop residents to have access to the 10 floating boardwalk slip sites in the Lost Lake Harbor District. Hoversten said the slips remain the City's asset and will license use of the slips at the same rate charged to Mound residents. Hoversten said the City is anticipating a September 30th closing on the property. Pugh asked when the slip rentals will be started. Hoversten this will depend on the pace of the units being built out and occupied. Hoversten said the Artessa residents will have to meet the same application requirements as Mound residents to get a slip license. Hoversten said the slip priority will be part of the development agreement and can be used by Artessa to market the units. Salazar said the city will continue to own the docks and will rent them to qualified Artessa residents at the full Mound resident fee. Larson asked if the closing is scheduled for the 30th and what if the closing doesn't happen and what does the contract say about that scenario. Hoversten and Larson clarified that the closing is required by the 30th and if it doesn't happen Artessa will need to come before the Council again for any future approvals. MOTION by Velsor, seconded by Holt, to approve the following ordinance. Velsor, Holt, Pugh and Salazar voted in favor. Larson voted no. Motion carried. ORDINANCE 04-2021: AN ORDINANCE AMENDING CHAPTER 78 OF THE MOUND CITY CODE AS IT RELATES TO WATERWAYS 9. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten said the first week of October is fire prevention week and the Fire Department is holding an open house on October 6th. Hoversten said the Mound Fire Relief Association is holding a fundraiser dance on October 91h which will include food trucks, music and beverages. Hoversten added that City Hall will be closed on November 11th for Veteran's Day. Hoversten added the Mound Farmers Market and More is ongoing. Mound City Council Minutes — September 28, 2021 Pugh said the Westonka Historical Society is holding a fundraiser on October 11th at Scotty B's. Salazar read an announcement about the fundraiser for a 10-week old child who is in need of a heart transplant. Salazar said the fundraiser will be a Spaghetti Dinner put on by the Knights of Columbus at Our Lady of the Lake on October 2nd from 6:00-8:30 p.m. to help with medical expenses. B. Reports: Fire Department— August 2021 C. Minutes: D. Correspondence: MN Water Assistance Flyer Westonka Historical Society Fundraiser — October 11, 2021 Mound Fire Department Dance — October 9, 2021 10. Adjourn MOTION by Velsor, seconded by Pugh, to adjourn at 9:04 p.m. All voted in favor. Motion carried. Z.s s '/�� � /,A/, Attest: evin Kelly, Cler Mayor Raymond J. Salazar m