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2021-11-23 CC Meeting MinutesMOUND CITY COUNCIL MINUTES November 23, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 23, 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, Community Development Director Sarah Smith, City Planner Rita Trapp, City Engineer Brian Simmons, City Attorney Jason Hill, City Building Official Scott Qualle, Michael Mahoney, Dara Lifson, Carey Lifson, Steve Shoop, Nancy Rigelhof and Mohamed Hassan. 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 Alleaiance 3. Approve agenda MOTION by Velsor, seconded by Holt, 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 $310,469.38. B. Approve minutes: 11-09-21 regular meeting C. RESOLUTION NO. 21-114: RESOLUTION APPROVING PUBLIC LANDS PERMIT TO MODIFY STRUCTURE ON DEVON COMMONS ADJACENT TO 4717 ISLAND VIEW DRIVE AND TO AUTHORIIZE IMPROVEMENTS AS PROVIDED BY CITY CODESEC. 19-35 (b) (5) RELATED TO NONCONFORMING USES D. RESOLUTION NO. 21-115: RESOLUTON APPROVING CONTRACT AMENDMENT FOR INSPECTION SERVICES E. RESOLUTION NO. 21-116: RESOLUTION APPROVING REQUEST FROM EGYPTIAN PARROT PET STORE FOR SUBSTANTIAL USE DETERMINATION FOR PROPOSED PET STORE/RESCUE IN TENANT SPACE IN THE COMMERCE PLACE SHOPPING CENTER LOCATED AT 2200-2238 COMMERCE BOULEVARD Mound City Council Minutes — November 23, 2021 F. Approve final, closeout pay request in the amount of $6,212.95 to Kusske Const. For the 2019 Street and Utility Improvement Project (Sherwood), PW 19-01 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Planning Case 21-16 Public Hearing- proposed amendments to City Code Chapter 129 (Zoning Ordinance) related to rezoning of properties at 5084 and 5098 Three Points Boulevard from B-2 neighborhood business to mixed use• also consideration and action on proposed comprehensive plan amendment to reguide properties at 5084 and 5098 Three Points Boulevard from residential to mixed use Smith said the proposed amendments to City Code Chapter 129 (Zoning Ordinance) relate to rezoning of properties at 5084 and 5098 Three Points Boulevard from B-2 neighborhood business to mixed use and a related comprehensive plan amendment to reguide properties at 5084 and 5098 Three Points Boulevard from residential to mixed use. Trapp presented and overview of the request and said the properties are zoned medium density residential neighborhood commercial. Trapp said this is currently the B-3 district and the amendment would be to change the affected properties to mixed use, MU-D and MU-C districts. Trapp said the property owner of 5084 Three Points asked for a reconsideration of the original proposal of residential. Trapp said the Planning Commission (PC) held a public hearing on the request and the PC recommended staff to reconsider the properties as mixed use versus residential. Trapp said the properties have both residential and commercial uses on the property and the mixed use classification supports a variety of uses with the idea of providing flexibility to the owner as well as what the market deems appropriate. Trapp said the current use can continue and future use could be either commercial or residential with the MU-C district, which is intended for areas adjacent to residential and to be somewhat lower in intensity. Trapp said any redevelopment would need to follow MU-C standards Trapp said the PC met on September 7, October 5, and November 16 to address the rezoning request and the 2040 Comprehensive Plan amendment. Trapp said the PC voted 6-2 to recommend adoption. Trapp said the Council is asked to consider adoption of the rezoning and Comprehensive Plan amendment, noting it would then be submitted to the Met Council for administrative review and approval. Velsor asked if the property is currently zoned neighborhood business district and the original proposal was for medium density residential. Trapp said yes, noting one of the property owners didn't want the medium density residential district. Salazar opened the Public Hearing at 7:12 pm and upon receiving no comment, closed the Public Hearing. Requested Actions A. Approve Ordinance Amending the City of Mound Official Zoning Map to Change Mound City Council Minutes — November 23, 2021 the Zoning District for 5084 Three Points Boulevard and 5098 Three Points Boulevard from B-3 Neighborhood Business District to MU-C Mixed Use -Corridor District MOTION by Holt, seconded by Velsor, to approve the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 13-2021 AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP TO CHANGE THE ZONING DISTRICT FOR 5098 THREE POINTS BOULEVARD AND 5084 THREE PINTS BOULDEVARD FROM B-3 NEIGHBORHOOD BUSINESS DISTRICT TO MU-C MIXED USE —CORRIDOR DISTRICT B. Approve Resolution Approving Amendment to 2040 Comprehensive Plan to reguide properties at 5084 and 5098 Three Points Boulevard from medium density residential to mixed use and authorizing submittal of the Comprehensive Plan Amendment to the Metropolitan Council MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21:117 RESOLUTION APPROVING AMENDMENT TO 2040 COMPREHENSIVE PLAN TO REGUIDE PROPERTIES AT 5084 THREE POINTS BOULEVARD AND 5098 THREE POINTS BOULEVARD FROM MEDIUM DENSITY RESIDENTIAL TO MIXED USE AND AUTHORIZING SUBMITTAL OF THE COMPREHENSIVE PLAN AMENDMENT TO THE METROPOLITAN COUNCIL PLANNING CASE NO. 21-16 7. Planning Case 21-11 Public Hearing- proposed amendment to Code Chapter 42 (Nuisances) related to lighting and Ig are Smith addressed the Council with an overview of the proposed Chapter 42 code amendment. Smith said the Council discussed this type of nuisance at a July meeting and directed staff to prepare an amendment addressing issues of neighborhood nuisances related to lighting and glare. Smith said that although the Nuisance Ordinance is Chapter 42 of the City Code and not a zoning matter, the City Attorney recommended this amendment be considered at a public hearing as a zoning amendment would require. Smith said the public hearing requirements regarding public noticing have been completed. Smith said lighting and glare is currently in the Zoning Code section 129-318 which evaluates glare and sets the standards for lighting and this code amendment adds language to the Nuisance Code to cover and identify conditions which create a nuisance. Smith said the City Field Officer will be able to address glare conditions through the Nuisance code and if matters aren't resolved through those efforts, they can be handled by the City's prosecuting attorney for compliance review. Smith said that the suggested changes to Chapter 42 were reviewed by the PC in October and the PC recommended approval at that meeting. Velsor asked if a violation is a misdemeanor and enforceable and if the neighbors in this type of situation could get resolution to their concerns. Smith said the City would follow the legal proceedings Mound City Council Minutes — November 23, 2021 as with other ordinance violations. Hoversten said yes but this would be a slow step by step process and a misdemeanor would need to go through court processes. Salazar said the hope is if a resident is asked to shroud or dim glare and bright lighting they will comply or the City can go through the nuisance enforcement process. Salazar opened the public hearing at 7:22 pm and upon receiving no comment, closed the public hearing. MOTION by Holt, seconded by Velsor, to approve the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 14-2021 AN ORDINANCE AMENDING CHAPTER 42 OF THE MOUND CITY CODE REGARDING PUBLIC NUISANCES AFFECTING PEACE AND SAFETY 8. Discussion/consideration on request from property owners at 5395 Baywood Shores to name channel/public water in subdivision of "Replat of Harrisons Shore" Smith presented the request for review, discussion and action regarding the inquiry from Dara and Carey Lifson, the property owners of 5395 Baywood Shores, to name the channel in their sub -division adjacent to Harrisons Bay. Smith said the request of the Lifson's is made in cooperation with the MN DNR and Hennepin County Commissioners as naming waterways isn't in the purview of the City. Smith said the MN DNR has made a request for the City Council to formally consider the application for the name change of the channel. Smith said notice of the naming of the channel must have at least 15 qualified petitioners who live in Hennepin County in order for the County to hold a public hearing on the matter. Smith said there was a mailed notice to all property owners in the Replat of Harrison Shores subdivision 10 days in advance of this meeting. Smith said there were three inquiries from residents who were wondering what the process would be of the naming and to learn a little more. Smith said the Lifson's would like to name the channel "Gold's Cove." Smith said the purpose of the resolution is to show the County the Council has considered the request. Carey and Dara Lifson, 5395 Baywood Shores, addressed the Council with their request which is intended to honor Carey's grandparents who have passed away. Dara Lifson said Carey's grandparents assisted in the original dredging out the channel in the 1970's. The Lifson's explained that originally there wasn't a road to the site and when their grandparents first built the house, they had to get there by boat. Lifson said the Channel was narrow at the time and the subdivision developer approached his grandfather who donated land to make way for the channel to be fully accessible. Lifson said he spent quite a bit of his youth with his grandfather at the house, on the lake and in Mound. Pugh suggested the Lifson's give their story to the Mound Westonka Historical Society. Hoversten read a letter of support of the naming proposal by Mound resident Kellie Gillispie Coen. MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21:118 RESOLUTION AUTHORIZING SUBMITTAL OF PROPERTY OWNER REQUEST TO NAME THE CHANNEL/PUBLIC WATER ADJACENT TO THEIR PROPERTY AT 5395 BAYWOOD SHORES DRIVE TO THE MNDNR AND HENNEPIN Mound City Council Minutes — November 23, 2021 COUNTY BOARD OF COMMISSIONERS TO COMMENCE THE FORMAL PROCESS IN MINNESOTA STATUES 83A.02 — 83A.07 9. Property owner at 2396 Commerce Blvd requesting discussion and approval of the First Amendment to the Restoration Agreement for 2396 Commerce Blvd Michael Mahoney, 125 Lake Street W., Wayzata, stated he is the lawyer for James Lang who owns the property at 2396 Commerce. Mahoney handed out a document regarding the renovation of 2396 Commerce and stated he is here to discuss the resolution to demolish the building and the progress which has been made on the restoration agreement. Mahoney said that Phase 1, the cleanup and debris removal has been completed, Phase 2, the removal of the back of the building has been completed; and Phase 3 which is to address the 38 items listed by City Building Official, is taking longer than expected as they required architectural plans and specs. Mahoney said the building is weather tight and the interior and exterior work will be completed. Mahoney said he spoke to City Attorney Jason Hill about supply chain and worker issues which slowed down progress and discussed the amount of extra time needed to complete the restoration agreement. Mahoney said the doors and remaining parts of the windows should arrive next week. Mahoney said there are also labor supply issues. Mahoney said many of the items are scheduled to arrive the second week of December and some of the items need to be replaced due to cost increases caused by supply chain issues. Mahoney said he is requesting to extend the timeline for Phase 3 with regard to the interior restoration of the building. Mahoney said some interior work has been done such as removing the concrete basins which weighed on the floor. Mahoney said the structural engineer and architect have informed Mahoney that they will need 45 more days to complete the interior work and Mahoney requests an extension for 90 days which would require only modifying the last paragraph of the restoration agreement which is the time line for project completion. Salazar said the Council is familiar with the project and have the recommendation from the City Attorney to work with staff and the property owner on the extension of the restoration agreement. MOTION by Salazar, seconded by Velsor, to direct staff to work with the City Attorney to develop an extension that is acceptable to both parties, at the guidance of the City Attorney and City staff. Larson, Velsor, Pugh and Salazar voted in favor. Holt voted against. Motion carried. 10. City Engineer Brian Simmons providing presentation of 2022 Public Works Project Feasibility Reports and action to approve Resolutions accepting studies and ordering plans and specifications for: A. 2022 Lynwood Watermain Replacement (Ph2) PW 22-01 Simmons presented the two capital improvement projects (CIP) which have been started early to take advantage of the bidding window in 2022. Simmons said the work is progressing to Phase 2 which extends to the east underneath the County Road/Lynwood Blvd. Simmons noted Hennepin County is planning a pavement improvement project and this project will incorporate trenchless construction so watermains do not have to be dug up. Simmons said Phase 2 will be paid for through the water fund and not through assessment at an estimated cost of $520K. Mound City Council Minutes — November 23, 2021 Simmons presented the schedule for the work including: engineering study in November of 2021, bid opening in February 2022, contract award in March, and construction from May to July. Holt asked how supply chain issues and inflation may affect the pricing. Simmons said it has affected costs but the trenchless technology is focused on smaller diameter pipes which have shown to get better pricing. Simmons added that starting early in the bidding season and giving the bidders a longer window for supply will hopefully be a cost advantage to them. MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-119: RESOLUTION RECEIVING REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LYNWOOD WATERMAIN IMPROVEMENT PHASE 2: BIRCH TO SOUTHVIEW B. 2022 Lift Station Replacement Project PW 22-03 Simmons said the lift station replacement project is located at the west end of Island View Drive. Simmons said this is one of 30 sanitary sewer lift stations within the City, 23 of which have been reconstructed to date. Simmons said the CIP calls for one lift station improvement per year over the next seven years. Simmons said there is a need for the replacement of the entire structure itself which includes the forcemain, new pumps, a new control panel, SCADA and a natural gas backup generator. Simmons said the schedule is intended to allow the City to be ahead of the curve regarding bidding this spring. Simmons said the estimated cost of the project is $516K. Salazar asked if the street will need to be disturbed by the project which Simmons said the intention is to stay away from the street. Velsor asked where the forcemain line is located and Simmons said the line goes through the ROW to meet the Roxbury line. Velsor asked how the project costs compare to previous projects. Simmons said there was no forcemain line in the previous project which is why costs were around $400K. Hoversten said project is within the long-range financial models of the City. Salazar said the City takes care of its infrastructure needs and is committed to doing the right thing. Salazar said the water rates in the City are a little higher than other cities due to meeting utility reconstruction costs. Salazar said the City has been proactive in meeting ongoing needs instead of waiting for a break in a line and then being forced to repair the break. MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21:120 RESOLUTION RECEIVING REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2022 LIFT STATION IMPROVEMENTS PROJECT Mound City Council Minutes — November 23, 2021 11. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Salazar mentioned the tree lighting festival and said it was an honor to light the Christmas tree and the event was a lot of fun. Salazar thanked the Fire Department for the use of the Mound Fire Truck, the Orono Police Department and the many volunteers who helped out. Salazar wished everyone a happy Thanksgiving. Hoversten said the Westonka Food Shelf Thanksgiving Dinner will be held at the American Legion with volunteers able to sign up with Westonka Food Shelf to share in a community meal on Thanksgiving from Noon to 4:00 p.m. Hoversten said the next and last Council meeting of the year is on December 141h which will focus on the 2022 budget and levy and other items. Hoversten mentioned the Council photograph is scheduled for 6:30 on the 14th. Hoversten said the Dec 28th City Council meeting is canceled and noted City Hall will be closed November 24 & 25 and December 24 & 25. Hoversten winter parking is in effect and noted the Orono Police Department will write tickets if it snows. Salazar said the reporter from the Laker, Elizabeth Hustad, took another job in South Carolina. Velsor asked about the Fire Department October report and the accident near Al & Alma's, and asked what can be done about the leaning and damaged power poles on Tuxedo Blvd. Hoversten said Xcel is prompt to repair but other agencies are a little less responsive. Salazar mentioned the City monument isn't quite finished yet but hopefully will be in place for a long time. Salazar thanked the Council sub -committee's work on the project. Holt mentioned the agenda item regarding the article on Municipal Liquor Stores and congratulated Ron Gust and his staff for the great job being the #3 Muni in the state. B. Reports: Fire Department —October 2021 C. Minutes: Parks and Open Spaces Commission 06-10-21 Parks and Open Spaces Commission 08-10-21 Planning Commission 10-05-21 D. Correspondence: MSP Business Journal Nov 2021 Article on Munis 10. Adjourn ACTION by Velsor, seconded by Larson, to adjourn at 8:18 p.m. All voted in favor. Motion carried. Mayor Raymond J. Salazar Attest 'Kevin Kelly, Cler