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2022-04-26 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA MOUND CITY COUNCIL REGULAR MEETING 1. Opening meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments TUESDAY, APRIL 26, 2022 - 7:00 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff, recommended by staff for approval by the Council, and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. At this time, anyone present who wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item of concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence. Separate introduction or further support from petitioners or requestors is not required at this time and removal of an item from the Consent Agenda for this purpose is not required or appropriate. 4. *Consent Agenda Page *A. Approve payment of claims 855-870 *B. Approve minutes: April 12, 2022 Regular Meeting 871-892 *C. Approve Resolution Approving 2022 Seasonal Request from Mound Farmers' 893-900 Market and More in Downtown Mound and Reduced Fee Due to Public 895 Purpose of Gathering 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Sergeant Sonnek and the Mound Activity Report for March 2022. 901-912 7. Action on revised development applications from Northland Real Estate 913-939 Group for Northland Mound project involving property generally located southwest of the intersection of Commerce Boulevard and the Dakota Rail Regional Trail on the eastern shore of Lake Langdon and undeveloped street right of ways: A. Approval of Resolution No. 22- _Resolution Approving the Requested 916 Street Vacations in Related to Development of the Plat of Northland Mound B. Approval of Resolution No. 22- _Resolution Granting Preliminary Plat 920 Approval for Northland Mound PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. C. Approval of Resolution No. 22- _Resolution Granting Approval of a 926 Conditional Use Permit for a Planned Unit Development in a Shoreland Area for Northland Real Estate Group D. Approval of Resolution No. 22- _Resolution Approving Public Lands 935 Permit for Use of Public Property for Northland Mound Project E. Approval of Resolution No. 22Resolution Approving Sale of City 938 Parcels to be Consistent with the 2040 Mound Comprehensive Plan 8. Consider Right of Entry Agreement for Hennepin County AIS Ambassador vendor 940 9. Information/Miscellaneous A. Comments/Reports from Council members B. Reports: Fire Department - March 2022 941-942 C. Minutes: Parks and Open Spaces Commission - February 17, 2022 943-947 D. Correspondence: 10. Adjourn COUNCIL BRIEFING April 26, 2022 Council meetings are held in the City Council Chambers in the Centennial Building on the second and fourth Tuesday each month at 7:00 PM with agendas and meeting details/locations posted to the City website the Thursday prior under the "Mayor and Council' section of the "Government' tab of the Home Page. Government I Mound, MN (citvofmound.com) *** All Meetings At City Council Chambers, Centennial Building *** Upcoming Events Schedule: Don't Forget!! April 26 — 6:55 PM — HRA Regular Meeting (as may be required) April 26 — 7:00 PM — City Council Regular Meeting May 10 — 6:55 PM — HRA Regular Meeting (as may be required) May 10 — 7:00 PM — City Council Regular Meeting May 24 — 6:55 PM — HRA Regular Meeting (as may be required) May 24 — 7:00 PM — City Council Regular Meeting June 14— 6:55 PM — HRA Regular Meeting (as may be required) June 14 — 7:00 PM — City Council Regular Meeting June 28— 6:55 PM — HRA Regular Meeting (as may be required) June 28 — 7:00 PM — City Council Regular Meeting July 12— 6:55 PM — HRA Regular Meeting (as may be required) July 12 — 7:00 PM — City Council Regular Meeting July 26— 6:55 PM — HRA Regular Meeting (as may be required) July 26 — 7:00 PM — City Council Regular Meeting Events and Activities: Subscribe to RAVE messaging tool for emergency notifications and updates RAVE Emereencv Notifications I Mound, MN (citvofmound.com) May 7 — Mound and Minnetrista Clean Up Day May 21 — Farmers Market and More May 21 — Island Park Family Fun Fest City Offices: Resume Summer Hours May 2 Closed May 30 — Memorial Day City Official's Absences Please notify the City Manager in advance of an absence. Inquire in advance. please...... Council members are asked to call or email their questions in advance of a public meeting so that more research may be done or additional information may be provided that will assist in your quality decision - making. 2022 City of Mound Claims 04-26-22 YEAR BATCH NAME DOLLAR AMOUNT 2022 CQTV0322 $ 908.09 2022 040722CTYMAN $ 65,600.36 2022 042622CITY $ 10,951.77 2022 042622HWS $ 39,722.76 2022 042622CITY2 $ 39,843.68 TOTAL CLAIMS 11 $ 157,026.66 855 Payments Batch CQTV0322 CITY OF MOUND Payments Current Period: March 2022 $908.09 Refer 1007 CARQUEST AUTO PARTS (FIRE) _ Cash Payment E 222-42260-409 Other Equipment Repair MINI BULB-SILVERSTAR- FIRE DEPT Invoice 6974-438622 3/92022 Cash Payment E 222-42260-212 Motor Fuels DIESEL EXHAUST FLUID- LADDER TRUCK #11- FIRE DEPT Invoice 6974-439053 3/152022 Transaction Date 3282022 U.S. Bank 10100 10100 Refer 1005 CARQUEST OF NAVARRE (PW Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-438157 3/12022 Cash Payment E 101-43100-220 Repair/Maint Supply Invoice 6974-438197 3/12022 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-438537 3/82022 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-438544 3/82022 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-438569 3/82022 Cash Payment E 601-49400-220 Repair/Maint Supply Invoice 6974-438709 3/102022 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-439164 3/172022 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-439166 3/172022 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-439198 3/172022 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-436662 2/12022 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-439579 3242021 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-439486 3232022 Cash Payment E 101-45200-210 Operating Supplies Invoice 6974-439934 3/312022 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-439965 4/12022 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-439967 4/12022 Transaction Date 3282022 Total 04/08/22 12:21 PM Page 1 $9.02 $17.30 $26.32 FUELANATER SEPARATOR- TRUCK#214- $20.99 SEWER DEPT LT SLICED- STREETS DEPT $7.02 BRAKE PADS- TRUCK #416- PARKS DEPT $40.94 LUBE SPIN -ON- TRUCK#416- PARKS DEPT $3.84 MIN- BULB- SILVERSTAR- PARKS GATOR $17.48 LOWER RAID HOSE, LINED HOSE CLAMPS- $40.02 10 OF EACH- WELL #3 RETURN CREDIT- GENERATORPARTS--$35.97 ELBOWS & CLAMPS- SEWER DEPT HEATER HOSEW-3 , HOSE CLAMPS- 10 $14.40 FUNNEL MEASURE- BAYWOOD SHORES GENERATOR- SEWER DEPT 1.5 AMP 6/12 VOLT MAINTAINER- C5 $30.81 GENERATOR- SEWER DEPT DIESEL KLEEN- PUBLIC WORKS $18.39 Project 22-5 WEATHERSTRIP- PUB WKS SHOP $12.87 Project 22-5 SILICONE WIPER BLADES- PARKS TRUCK $49.96 #416 ODOR FOGGER- NEW CAR- PARKS $12.30 SILICONE WIPER BLADES- PARKS TRUCK $24.98 #415 SILICONE WIPER BLADES- PARKS TRUCK $24.98 #415 U.S. Bank 10100 10100 Total $283.01 Refer 1008 TRUE VALUE MOUND (FIRE) _ Cash Payment E 222-42260-210 Operating Supplies SCREWS, NUTS, BOLTS- FIRE DEPT Invoice 179718 3/52022 $44.08 CITY OF MOUND 04/08/2212: 21 PM Page 2 Payments Current Period: March 2022 Cash Payment E 222-42260-409 Other Equipment Repair 2 ALUMINUM DOOR BOTTOMS- DOOR $21.58 SWEEPS- FIRE DEPT Invoice 179821 3/152022 Transaction Date 3282022 U.S. Bank 10100 10100 Total $65.66 Refer 1006 TRUE VALUE, MOUND (PW PKS) _ Cash Payment E 601-49400-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $6.61 Invoice 179666 322022 Cash Payment E 101-45200-220 Repair/Maint Supply SCREWS, NUTS, BOLTS- 19 OZ GLASS $9.15 CLEANER Invoice 179682 3/32022 Cash Payment E 101-45200-220 Repair/Maint Supply SCREWS, NUTS, BOLTS, 12" MINI BAR $40.99 CLAMP -PARKS Invoice 179749 3/82022 Cash Payment E 101-43100-210 Operating Supplies 5 GALLON WHITE PLASTIC PAIL- STREET $29.94 DEPT Invoice 179766 3/92022 Cash Payment E 101-45200-220 Repair/Maint Supply EXPANDING FOAM, FOAM SEALANT $42.56 Invoice 179776 3/102022 Cash Payment E 101-45200-220 Repair/Maint Supply DAWN DISH SPRAY, BOWL BRUSH CADDY, $55.72 ODOR ABSORBER, VANISH DROP IN - DEPOT BLDG Invoice 179783 3/112022 Cash Payment E 602-49450-210 Operating Supplies 16 PK MOUSE KILLER- PUBLIC WORKS $25.18 Invoice 179826 3/152022 Project 22-5 Cash Payment E 601-49400-210 Operating Supplies SCREWS, NUTS, BOLTS $10.89 Invoice 179837 3/162022 Cash Payment E 601-49400-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $5.38 Invoice 179851 3/172022 Cash Payment E 601-49400-220 Repair/Maint Supply 34 PIECE SOCKET SET- T. SORENSEN $46.79 Invoice 179860 3/172022 Cash Payment E 101-45200-210 Operating Supplies 3 KEYS- NEW PARKS EMPLOYEE $5.37 Invoice 179888 3212022 Cash Payment E 601-49400-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $50.38 Invoice 179645 3/12022 Cash Payment E 602-49450-220 Repair/Maint Supply SOCKET, COUPLER, AIR FILTER $53.07 Invoice 179905 3222021 Cash Payment E 601-49400-220 Repair/Maint Supply PAINT ROLLER COVERS, 3-PK, 9" BUCKET $13.98 GRID ROLL Invoice 179890 3212022 Cash Payment E 101-43100-220 Repair/Maint Supply CREDIT- RETURN AIR FILTER, -$30.59 Invoice 179906 3222022 Cash Payment E 101-45200-220 Repair/Maint Supply 3 PK CLEAR WIRE HOOKS, SCREWS, NUTS, $8.79 BOLTS Invoice 179908 3222022 Cash Payment E 101-43100-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $10.63 Invoice 179944 3242022 Cash Payment E 602-49450-220 Repair/Maint Supply SCREWS, NUTS, BOLTS, CD SAFETY HASPS- $34.34 3 Invoice 179945 3242022 Project 22-5 Cash Payment E 601-49400-218 Clothing and Uniforms LARGE HEAVY UTILITY GLOVES- 1 PAIR T. $29.69 SORENSEN Invoice 180009 3292022 Cash Payment E 101-43100-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $7.07 Invoice 180012 3292022 857 CITY OF MOUND Payments Current Period: March 2022 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 180046 3/312022 Cash Payment E 222-42260-322 Postage Invoice 179922 3222022 Transaction Date 3282022 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND DUAL CUT HAND PRUNER, POLY GRAIN SCOOP FED EX GROUND FEE- SEND PAGER FOR REPAIR- ANCOM TECHNICAL- FIRE DEPT U.S. Bank 10100 10100 Total 10100 U.S. Bank 10100 $419.41 $110.86 $203.74 $174.08 $908.09 Pre -Written Checks $0.00 Checks to be Generated by the Computer $908.09 Total $908.09 04/08/22 12:21 PM Page 3 $58.28 $18.88 $533.10 CITY OF MOUND 04/06/22 1:57 PM Page 1 Payments Current Period: April 2021 Payments Batch 040722CTYMAN $65,600.36 Refer 865 CUMMINS INC. _ Cash Payment E 602-49450-440 Other Contractual Servic SERVICE CALL FOR BACKUP GENERATOR- $2,496.03 TROUBLE STARTING IN COLD, CLEAN OUT EXHAUST SYSTEM, Invoice E4-99310 4/62022 Cash Payment E 601-49400-220 Repair/Maint Supply HOSE CLAMP FOR GENERATOR - WELL #3 $35.17 Invoice E4-3515 3/152022 Transaction Date 4/62022 U.S. Bank 10100 10100 Total $2,531.20 Refer 866 LEAGUE MN CITIES INSURANCE T _ Cash Payment E 101-41110-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $4,877.07 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-41310-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $303.63 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-41500-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $1,274.72 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-41600-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $124.95 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-41910-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $2,563.78 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-42110-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $2,000.93 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-42115-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $353.62 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-42400-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $1,625.49 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-43100-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $4,564.70 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-45200-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $3,035.28 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 222-42260-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $7,072.49 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 281-45210-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $1,189.95 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 285-46388-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $4,270.61 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 601-49400-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $4,891.81 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 602-49450-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- $11,198.10 22 THRU 2-1-23 Invoice 040722 4/62022 859 CITY OF MOUND Payments Current Period: April 2021 Cash Payment E 609-49750-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- 22 THRU 2-1-23 Invoice 040722 4/62022 Cash Payment E 101-41930-361 General Liability Ins GEN LIAB 1ST HALF 2022 GEN LIAB INS 2-1- 22 THRU 2-1-23 Invoice 040722 4/62022 Transaction Date 4/62022 U.S. Bank 10100 10100 Total Refer 867 NEWMAN SIGNS, INC. _ Cash Payment E 101-43100-226 Sign Repair Materials SIGN MATERIALS- TRAFFIC SIGNS Invoice 038460 4/62022 Transaction Date 4/62022 U.S. Bank 10100 10100 Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $23,248.10 222 AREA FIRE SERVICES $7,072.49 281 COMMONS DOCKS FUND $1,189.95 285 HRA/HARBOR DISTRICT $4,270.61 601 WATER FUND $4,926.98 602 SEWER FUND $13,694.13 609 MUNICIPAL LIQUOR FUND $11,198.10 $65,600.36 Pre -Written Checks $0.00 Checks to be Generated by the Computer $65,600.36 Total $65,600.36 Total 04/06/22 1:57 PM Page 2 $11,198.10 $2,375.77 $62,921.00 $148.16 $148.16 %i1018] Payments Batch 042622CITY CITY OF MOUND Payments Current Period: April 2021 $10, 951.77 04/08/22 12:20 PM Page 1 Refer 970 COPPIN SEWER & WATER _ Cash Payment E 601-49400-440 Other Contractual Servic DIG UP & REPLACE CURB STOP & STOP $1,700.00 BOX @ 2919 HOLT LN Invoice 2574 4172022 Transaction Date 4172022 U.S. Bank 10100 10100 Total $1,700.00 Refer 976 HENNEPIN COUNTY INFORMATIO _ Cash Payment E 602-49450-321 Telephone, Cells, & Radi PW RADIO LEASE & ADMINISTRATION FEE- $335.06 MARCH 2O22 Invoice 1000184342 4/42022 Project 22-5 Cash Payment E 222-42260-321 Telephone, Cells, & Radi FIRE DEPT RADIO LEASE & $2,251.04 ADMINISTRATION FEE- MARCH 2O22 Invoice 1000184285 4/42022 Cash Payment E 101-42115-321 Telephone, Cells, & Radi EMERGENCY MGMT RADIO LEASE & $65.51 ADMINISTRATION FEE- MARCH 2O22 Invoice 1000184285 4/42022 Transaction Date 4/72022 U.S. Bank 10100 10100 Total $2,651.61 Refer 971 HOME DEPOT/GECF (PIW) _ Cash Payment E 601-49400-220 Repair/Maint Supply 5 BOXES FLAT SELF -DRILLING SCREWS- $51.00 WATER DEPT Invoice 9520083 3292022 Cash Payment E 601-49400-220 Repair/Maint Supply 20 2X8 10' #2 PRIME CEDAR TONE BOARDS, $500.64 6 COBALT BITS- WATER DEPT Invoice 9024216 3292022 Cash Payment E 602-49450-220 Repair/Maint Supply 14 GALLON WET/DRY VAC, DIAGONAL $373.79 PLIERS, V-JAW PLIERS, UTILITY KNIVES, WRENCHES, HUSKY 50 PC MECHANICS TOOL SET, LOCKING CREVICE TOOLS, - SEWER DEPT Invoice 7022951 3212022 Cash Payment E 101-43100-220 Repair/Maint Supply 100 LB QUICKRETE CONCRETE MIX, 14 $158.68 GALLON WET/DRY SHOP VAC, 45 PIECE SCREWDRIVER BIT SET- STREETS DEPT Invoice 1041128 4/62022 Transaction Date 4/72022 U.S. Bank 10100 10100 Total $1,084.11 Refer 972 MAYER LUMBER COMPANY, INCO _ Cash Payment E 101-45200-220 Repair/Maint Supply SPRUCE BOARDS- 20 QTY S X 4 X 12- $333.60 PARKS DEPT- Invoice 213599 4172022 Transaction Date 4/72022 U.S. Bank 10100 10100 Total $333.60 Refer 977 SHI INTERNATIONAL CORPORATI _ Cash Payment E 101-41920-205 Computer Hardware/Soft 44 QTY WINDOWS OUTLOOK 365 $516.00 EXCHANGE ONLINE PLAN 1 USER- MICROSOFT SUBSCRIPTIONS- 3222- 3/1/23- CITY HALL STAFF Invoice B15000303 3/312022 PO 25314 Cash Payment E 222-42260-205 Computer Hardware/Soft 44 QTY WINDOWS OUTLOOK 365 $559.00 EXCHANGE ONLINE PLAN 1 USER- MICROSOFT SUBSCRIPTIONS- 3222- 3/1/23- FIRE DEPT STAFF Invoice B15000303 3/312022 PO 25314 %ola CITY OF MOUND 04/08/22 12:20 PM Page 2 Payments Current Period: April 2021 Cash Payment E 602-49450-205 Computer Hardware/Soft 44 QTY WINDOWS OUTLOOK 365 $473.00 EXCHANGE ONLINE PLAN 1 USER- MICROSOFT SUBSCRIPTIONS- 3/2/22- 3/1/23- PUB WKS STAFF Invoice B15000303 3/312022 PO 25314 Project 22-5 Cash Payment E 101-41110-433 Dues and Subscriptions 44 QTY WINDOWS OUTLOOK 365 $215.00 EXCHANGE ONLINE PLAN 1 USER- MICROSOFT SUBSCRIPTIONS- 3222- 3/1/23- CITY COUNCICL Invoice B15000303 3/312022 PO 25314 Cash Payment E 609-49750-205 Computer Hardware/Soft 44 QTY WINDOWS OUTLOOK 365 $129.00 EXCHANGE ONLINE PLAN 1 USER- MICROSOFT SUBSCRIPTIONS- 3222- 3/1/23- HWS STAFF Invoice B15000303 3/312022 PO 25314 Cash Payment E 101-42115-210 Operating Supplies 1 QTY OUTLOOK 365 EXCHANGE ONLINE $21.70 GOV G1 USER- MICROSOFT SUBSCRIPTIONS- 3/222- 3/1/23 - FIELD OPS/EMERGENCY MGMT Invoice B15000303 3/312022 PO 25314 Cash Payment E 101-42400-205 Computer Hardware/Soft 1 QTY OUTLOOK 365 EXCHANGE ONLINE $90.00 GOV G1 USER- MICROSOFT SUBSCRIPTIONS- 3/222- 3/1/23 - FIELD OPS/EMERGENCY MGMT Invoice B15000303 3/312022 PO 25314 Transaction Date 4/82022 U.S. Bank 10100 10100 Total $2,003.70 Refer 975 STREET FLEET _ Cash Payment E 101-41110-322 Postage COURIER SERVICE TO FIRST AMERICAN $66.63 TITLE INS CO. - PURCHASE AGREEMENT- LANGDON LAKE PARCELS- NORTHLAND MOUND PROJECT Invoice 509787 3/312022 Transaction Date 4/72022 U.S. Bank 10100 10100 Total $66.63 Refer 974 SWEEPER SERVICES, LLC Cash Payment E 101-43100-404 Machinery/Equip Repairs SVC CALL TO REPAIR BRAKES & WHEEL $2,432.80 CYLINDERS ON ELGIN PELICAN STREET SWEEPER- 3-25-22 Invoice 22029 4/42022 Transaction Date 4/72022 U.S. Bank 10100 10100 Total $2,432.80 Refer 868WESTSIDE WHOLESALE TIREAND _ Cash Payment E 101-45200-404 Machinery/Equip Repairs 4 TIRES MOUNT & BALANCE- TRUCK #415 $679.32 PARKS DEPT Invoice 902568 4/12022 Transaction Date 4/62022 U.S. Bank 10100 10100 Total $679.32 %01M Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND CITY OF MOUND Payments Current Period: April 2021 10100 U.S. Bank 10100 $4,579.24 $2,810.04 $2,251.64 $1,181.85 $129.00 $10,951.77 Pre -Written Checks $0.00 Checks to be Generated by the Computer $10,951.77 Total $10,951.77 04/08/22 12:20 PM Page 3 CITY OF MOUND Payments Current Period: April 2021 Payments Batch 042622HWS $39,722.76 Refer 915 BELLBOY CORPORATION _ Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS Invoice 0104959100 4/62022 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 0104959200 4/62022 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- DOUBLE JIGGERS Invoice 0104959200 4/62022 Transaction Date 4/62022 U.S. Bank 10100 10100 Refer 917 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale Invoice 0094341300 4/62022 Cash Payment E 609-49750-265 Freight Invoice 0094341300 4/62022 Transaction Date 4/62022 LIQUOR FREIGHT U.S. Bank 10100 10100 Refer 960 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 343611977 4/62022 Transaction Date 4/62022 U.S. Bank 10100 10100 Refer 961 BREAKTHRU BEVERAGE MN WINE _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 343613938 4/62022 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 343613939 4/62022 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 343613937 4/62022 Transaction Date 4/62022 U.S. Bank 10100 10100 Refer 962 CAPITOL BEVERAGE SALES, L.P. _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2670837 4/52022 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2670837 4/52022 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 2670837 4/52022 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2670838 4/52022 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 2670833 4/52022 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2670865 4/52022 Transaction Date 4/62022 U.S. Bank 10100 10100 Refer 963 JJ TAYL OR. DISTRIBUTING MINN Cash Payment E 609-49750-252 Beer For Resale Invoice 3281106 4172022 Cash Payment E 609-49750-252 Beer For Resale Invoice 3281105 4172022 Transaction Date 4172022 Refer 964 JOHNSON BROTHERS LIQU( 04/07/22 2:37 PM Page 1 $117.50 $94.00 $6.50 Total $218.00 $2,849.00 $33.00 Total $2,882.00 $5,816.60 Total $5,816.60 Total Total $1,750.00 $1,480.59 $151.46 $3,382.05 $117.00 $405.00 $0.00 $2,709.20 -$75.70 $141.75 $3,297.25 BEER $113.85 BEER $1,794.15 U.S. Bank 10100 10100 Total $1,908.00 864 CITY OF MOUND Payments Current Period: April 2021 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 2026272 4/62022 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2023772 4/42022 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2023773 4/42022 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 2026272 4/62022 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2026271 4/62022 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2026270 4/62022 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2026268 4/62022 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2026269 4/62022 Transaction Date 4/62022 U.S. Bank 10100 10100 Refer 965 MARLIN S TRUCKING DELIVERY Cash Payment E 609-49750-265 Freight Invoice 36020 3/172022 Cash Payment E 609-49750-265 Freight Invoice 36020 3242022 Cash Payment E 609-49750-265 Freight Invoice 36020 3252022 Cash Payment E 609-49750-265 Freight Invoice 36020 3/312022 Transaction Date 4/62022 Refer 966 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-253 Wine For Resale Invoice 6376112 4/62022 Cash Payment E 609-49750-251 Liquor For Resale Invoice 6376110 4/62022 Cash Payment E 609-49750-253 Wine For Resale Invoice 6376111 4/62022 Transaction Date 4/62022 Total 04/07/22 2:37 PM Page 2 $40.00 $1,173.36 $1,656.00 $0.00 $356.62 $969.21 $1,609.42 $2,567.93 $8.372.54 DELIVERY SVC 3-17-22 $285.65 DELIVERY SVC 3-24-22 $146.45 DELIVERY SVC 3-25-22 $224.75 DELIVERY SVC 3-31-22 $495.90 U.S. Bank 10100 10100 Total $1,152.75 WINE $80.00 LIQUOR $2,421.30 WINE $125.30 U.S. Bank 10100 10100 Refer 968 SHAMROCK GROUP, INC. Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 2744527 4/62022 Cash Payment E 609-49750-265 Freight FREIGHT Invoice 2744527 4/62022 Transaction Date 4172022 U.S. Bank 10100 10100 Refer 967 SOUTHERN WINE & SPIRITS OF M _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2197848 4172022 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2197847 4172022 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2197849 4172022 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2197850 4172022 Total $2,626.60 $213.00 $3.00 Total $216.00 $1,438.00 $4,437.47 $768.00 $204.50 %i1091 CITY OF MOUND Payments Current Period: April 2021 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 5083015 3/312022 Transaction Date 4/62022 U.S. Bank 10100 10100 Refer 969 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 7374755 4/62022 Transaction Date 4/62022 U.S. Bank 10100 10100 Refer 959 Z WINES USA LLC Cash Payment E 609-49750-252 Beer For Resale Invoice 25344 Cash Payment E 609-49750-265 Freight Invoice 25344 Transaction Date 4/62022 WINE FREIGHT U.S. Bank 10100 10100 Fund Summary 10100 U.S. Bank 10100 609 MUNICIPAL LIQUOR FUND $39,722.76 $39,722.76 Pre -Written Checks $0.00 Checks to be Generated by the Computer $39,722.76 Total $39,722.76 04/07/22 2:37 PM Page 3 $1,450.00 Total $8,297.97 $1,388.00 Total $1,388.00 $160.00 $5.00 Total $165.00 a CITY OF MOUND 04/21/2212: 52 PM Page 1 Payments Current Period: April 2022 Payments Batch 042622CITY2 $39,843.68 Refer 999 HECKSEL MACHINE SHOP, INC. _ Cash Payment E 602-49450-220 Repair/Maint Supply 1"STEEL DRAIN COVERS AND PIPE $356.00 Invoice 109331 4/72020 Project 22-5 Transaction Date 4262022 U.S. Bank 10100 10100 Total $356.00 Refer 1000 GRAINGER _ Cash Payment E 101-43100-220 Repair/Maint Supply ASPHALT LUTE, MAGNESIUM 7FT $157.40 Invoice 9270055222 4/62022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $157.40 Refer 1001 NELSON ELECTRIC MOTOR REPAI _ Cash Payment E 602-49450-440 Other Contractual Servic MAPLE MANOR LS ASS 2.7 HP PUMP $8,253.00 INSTALL Invoice 1977 4/72022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $8,253.00 Refer 1002 DRILLING, ANDREW _ Cash Payment E 222-42260-434 Conference & Training TRAVEL ADV MEALS O426-29 FDIC CONF $345.00 INPLS IN Invoice 4252022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $345.00 Refer 1003 JAKUBIK MATTHEW _ Cash Payment E 222-42260-434 Conference & Training TRAVEL ADV MEALS O426-29 FDIC CONF $345.00 INPLS IN Invoice 4252022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $345.00 Refer 1004 HEITZ, CHRISTOPHER _ Cash Payment E 222-42260-434 Conference & Training TRAVEL ADV MEALS O426-29 FDIC CONF $345.00 INPLS IN Invoice 4252022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $345.00 Refer 1005 WASTE MANAGEMENT OF MN, IN _ Cash Payment E 101-41930-384 Refuse/Garbage Dispose CITY HALL/FIRE WASTE APR 22 $102.23 Invoice 7632590-1593-4 4/52022 Cash Payment E 222-42260-384 Refuse/Garbage Dispose CITY HALL/FIRE WASTE APR 22 $102.23 Invoice 2590-1593-4 4/52022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $204.46 Refer 1006 MADDEN GALANTER HANSON, LL _ Cash Payment E 101-49999-430 Miscellaneous LABOR ATTY SVC MAR 2022 $1,159.00 Invoice 3/312022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $1,159.00 Refer 1007 ABDO EICK & MEYERS, LLP _ Cash Payment E 101-41500-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $3,590.25 Invoice 456440 3/312022 Cash Payment E 222-42260-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $2,651.26 Invoice 456440 3/312022 Cash Payment E 281-45210-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $662.82 Invoice 456440 3/312022 %01WA CITY OF MOUND Payments Current Period: April 2022 04/21/22 12:52 PM Page 2 Cash Payment E 285-46388-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $441.88 Invoice 456440 3/312022 Cash Payment E 601-49400-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $1,739.89 Invoice 456440 3/312022 Cash Payment E 602-49450-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $1,739.89 Invoice 456440 3/312022 Cash Payment E 609-49750-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $3,590.25 Invoice 456440 3/312022 Cash Payment E 670-49500-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $441.88 Invoice 456440 3/312022 Cash Payment E 675-49425-301 Auditing and Acct g Servi 12312021 AUDIT THRU 033122 $441.88 Invoice 456440 3/312022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $15,300.00 Refer 1008 MEDIACOM _ Cash Payment E 101-42110-321 Telephone, Cells, & Radi DSL 041622 - 051522 $96.90 Invoice 83849215000902 4/62022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $96.90 Refer 1009 OPUS 21 MGMT SOLUTIONS, LLC _ Cash Payment E 601-49400-322 Postage OPUS MARCH 2O22 $347.52 Invoice 220307 4/112022 Cash Payment E 602-49450-322 Postage OPUS MARCH 2O22 $347.52 Invoice 220307 4/112022 Cash Payment E 601-49400-307 Admin/Finance/Compute OPUS MARCH 2O22 $1,852.98 Invoice 220307 4/112022 Cash Payment E 602-49450-307 Admin/Finance/Compute OPUS MARCH 2O22 $1,852.98 Invoice 220307 4/112022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $4,401.00 Refer 1010 HEALTH PARTNERS CLINICS _ Cash Payment E 101-43100-305 Medical Services RANDOM DOT PEDERSON $58.00 Invoice 7749 4/42022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $58.00 Refer 1012 HAWKINS, INCORPORATED _ Cash Payment E 601-49400-227 Chemicals 150 LB CHLORINE $1,197.46 Invoice 6157913 4/72022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $1,197.46 Refer 1013 DPC INDUSTRIES, INC. _ Cash Payment E 601-49400-227 Chemicals 150# CHLORINE CYL RENTAL $120.00 Invoice DE82000016-22 3/312022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $120.00 Refer 1014 JOHNSON CONTROLS - TYCO INC. Cash Payment E 602-49450-404 Machinery/Equip Repairs Well #8 Fire Alarm Repair T&M 032922 $1,405.46 Invoice 41543958 4/152022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $1,405.46 Refer 1015 JOHNSON CONTROLS - TYCO INC. Cash Payment E 602-49450-440 Other Contractual Servic Well #3 ANNUAL WET SPRINKLER AND EXT T&1050122-043023 Invoice 22850176 4/12022 $400.00 %01i -0] Transaction Date 4262022 CITY OF MOUND Payments Current Period: April 2022 04/21/22 12:52 PM Page 3 U.S. Bank 10100 10100 Total $400.00 Refer 1018 JOHNSON CONTROLS - TYCO INC. Cash Payment E 101-41910-440 Other Contractual Servic ANNUAL T&I 050122- 043023 MULT LOCATIONS Invoice 22832619 4/12022 Cash Payment E 609-49750-440 Other Contractual Servic ANNUAL T&I 050122 - 043023 MULT LOCATIONS Invoice 22832619 4/12022 Cash Payment E 101-45200-440 Other Contractual Servic ANNUAL T&I 050122- 043023 MULT LOCATIONS Invoice 22832619 4/12022 Cash Payment E 285-46388-440 Other Contractual Servic ANNUAL T&I 050122 - 043023 MULT LOCATIONS Invoice 22832619 4/12022 Cash Payment E 602-49450-440 Other Contractual Servic ANNUAL T&I 050122 - 043023 MULT LOCATIONS Invoice 22832619 4/12022 Project 22-5 Cash Payment E 101-41930-440 Other Contractual Servic ANNUAL T&I 050122- 043023 MULT LOCATIONS Invoice 22832619 4/12022 Cash Payment E 222-42260-440 Other Contractual Servic ANNUAL T&I 050122 - 043023 MULT LOCATIONS Invoice 22832619 4/12022 Cash Payment E 222-42260-440 Other Contractual Servic ANNUAL T&I 050122 - 043023 KITCHEN HOOD Invoice 22832619 4/12022 Transaction Date 4262022 U.S. Bank 10100 10100 Total Refer 1019 JOHNSON CONTROLS - TYCO INC. Cash Payment E 602-49450-440 Other Contractual Servic WELL #8 ANNUAL WET SPRINKLER BACKFLOW EXT T&I 050122-043023 Invoice 22849940 4/12022 Transaction Date 4262022 U.S. Bank 10100 10100 Refer 1020 MINNESOTA VALLEY TESTING LA _ Cash Payment E 601-49400-227 Chemicals COLIFORM MF MTHLY CHLORINE RPT Invoice 1138706 4/182022 Transaction Date 4262022 U.S. Bank 10100 10100 Total $935.00 $575.00 $155.00 $565.00 $1,090.00 $737.50 $737.50 $305.00 $5,100.00 $470.00 $470.00 $130.00 Total $130.00 %i10011+1 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 HRA/HARBOR DISTRICT 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND CITY OF MOUND Payments Current Period: April 2022 10100 U.S. Bank 10100 $6,991.28 $4,830.99 $662.82 $1,006.88 $5,387.85 $15,914.85 $4,165.25 $441.88 $441.88 $39,843.68 Pre -Written Checks $0.00 Checks to be Generated by the Computer $39,843.68 Total $39,843.68 04/21/22 12:52 PM Page 4 %i1[9] MOUND CITY COUNCIL MINUTES April 12, 2022 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 12, 2022 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Ray Salazar; Council Members, Paula Larson, Sherrie Pugh, Phil Velsor and Jason Holt Members absent: None Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, City Planner Rita Trapp, Community Development Director Sarah Smith, City Building Official Tracy Reiman, City Attorney Jason Hill, Mike & Nancy Myers, Joe Bruns, Jason Zattler, Jim Ebsen, Jane Lynn, Tom & Cindy Notch, Jerry Ricke, Rhonda Eurich, Claudia Lacy, Kathleen Marie, Brian Farrell, Nichole Kelley, Jeffrey Wrede, Jeff Flattum, Andrew Miller, Marc Doepner-Hove, Ann Eberhart, Dan Larson, Courtney McCabe, Rachel Iversen, Ginger Skaja, James Gountanis, Bruce Stillman, Nancy Paulson, Crystal Johnson, Patrick Sarver, Jerry Jerome, Betsy Brady, Johann Chemin, Anna Peters, Michael Border, Michelle Herrick, Chad Zejdlik, Anna Schmidt, Sharon Rosengren, Brad Rosengren, Paul Meisel, Peter Coyle, Holly Thumann, Brian Tramonte, Ross Olin, Kathy Timberg-McEnany, Nathan Horne, Carol Franck, Becky Kennedy, Mary Davis, Scott Gates, Mark Bradley, Kassie Ricke, Wanda Sigurdson, Judith Morrison, Doug Dahm, Tish Crane, Helen Canning, Katye Miller, Dan Saatzer, Margie Saatzer, Peter Meyer. 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 7:02 p.m. 2. Pledae of Alleaiance 3. Approve agenda Hoversten noted the following additions/corrections: Item 4D date change to April 23, Item 4F, the address should read 3053 Brighton Blvd. and additional pages 800.1 through 800.7 of public comment. MOTION by Velsor, seconded by Pugh, to approve the amended agenda. All voted in favor. Motion 4. Consent agenda MOTION by Larson, seconded by Velsor, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $401,491.60. B. Approve minutes: 03-22-22 regular meeting C. Approve minutes: 02-15-22 special meeting 871 Mound City Council Minutes — April 12, 2022 D. RESOLUTION NO. 22-28: RESOLUTION APPROVING PUBLIC GATHERING PERMIT FOR COMMUNTIY AND PARKS CLEAN UP AND USE OF SURFSIDE PARK AND BEACH BY ABRACADABRA ENVIRONMENTAL SERVICES ON APRIL 23, 2022 AND REDUCING FEES DUE TO PUBLIC PURPOSE OF GATHERING E. RESOLUTION NO. 22-29: RESOLUTION APPROVING PUBLIC GATHERING PERMIT FOR FAMILY FUN DAY AND FUNDRAISER FOR ISLAND PARK VILLAGE HALL REUSE AND RENOVATION PROJECT AND USE OF SWENSON PARK ON SATURDAY, MAY 21, 2022 AND WAIVING FEES DUE TO PUBLIC PURPOSE OF GATHERING F. RESOLUTION 22-30: RESOLUTION APPROVING RESTORATION/REMOVAL AGREEMENT WITH REGARD TO THE HAZARDOUS BUILDING LOCATED AT 3053 BRIGHTON BOULEVARD G. RESOLUTION 22-31: RESOLUTION APPROVING VARIANCE AND EXPANSION PERMIT AT 6041 RIGDEWOOD ROAD 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Planning Case No. 21-18 - continued from February 8, 2022 meeting Consideration/action on revised plans for "Northland Mound" development applications from Northland Real Estate Group for Northland Mound project involving property generally located southwest of the intersection of Commerce Boulevard and the Dakota Rail Regional Trail on the eastern shore of Lake Langdon and undeveloped street right of ways Trapp presented the updated request from the applicant for the Northland Mound project. Trapp said the applicant is seeking a major subdivision preliminary plat, a CUP for Planned Development Area in a shoreland area, a vacation of Right of Way, a Public Lands Permit, site development plans and a determination of consistency with the 2040 Comprehensive Plan (Comp Plan). Trapp said the site is located at the intersection of Commerce Blvd. and the Dakota Rail Regional Trial crossing and the applicant is proposing a revised project which reflects the direction the City Council provided at the February 8th Council Meeting. Trapp said an 83-unit plan is a reduction from the original 104 units, mostly 2-bedroom units. Trapp said additional new ground level walkout units were added to the rear of the building. Trapp said the height of the building is reduced from four to three stories and the parking stalls were reduced to 124 from 127, noting the number of stalls per unit increased. Trapp said there is a revised traffic and parking plan which includes a change to the entrance area with straight in parking replacing the parallel parking. Trapp added the easement area will be increased to a 28 feet wide driving area, with added stop signs and landscaped islands. Trapp said the north entrance to the site remains essentially the same but with directional signage, noting the applicant added a diagram on traffic and parking which shows added curb and gutter and the traffic exit plan. Trapp said notices of the revised plans were mailed to properties within 350 feet, were sent via email to those on the City Council and Planning Commission email lists and added to the City website. Trapp added the public comments and petitions were included in the council packet 872 Mound City Council Minutes — April 12, 2022 and additional comments received after the packet was printed until 6:30 tonight were presented to the Council and added to agenda. Trapp said there was only one agency comment from Hennepin County which were seeking to reduce access points on Commerce Blvd. but were generally supportive of the improvements proposed. Trapp said staff are seeking Council direction on what resolutions to prepare for consideration at a subsequent City Council meeting. Salazar said in February the Council reviewed the proposal from Northland and gave the applicant the directive to reduce the size of the project and the building, to improve the parking and work out the ingress and egress to the site with the three primary property owners. Salazar read from page 763 of the agenda packet stating the revised traffic plan must include expressed concurrence from the respective adjacent property owners, Our Lady of the Lake Church (OLL), Paddle North (the easement owner) and Northland Mound. Salazar said the plan was expected to be coordinated between all three property owners and the applicant has only obtained support from one adjacent owner, not both. Velsor asked if the power lines at the site are outside of the green space and Hoversten said they were outside and run adjacent to the Dakota Trail and are permitted within the Dakota Rail property. Salazar said Council Member Larson has recused herself from council review of the project. Brian Farrell, 3106 Priests Lane, addressed the Council and said he appreciated the Council allowing him to modify his existing application. Farrell noted Northland's revised plan removed the top floor to be a three-story property in line with other commercial property in the Lake Langdon area. Farrell said this reduction was 33,000 square feet of building. Farrell said this revised project is compatible to other projects of similar size in the Lake Minnetonka area. Farrell said the proposal reduces the project by 21 units, or 20%, which then will reduce traffic impact in the area. Farrell added their traffic study showed that morning peak traffic will be reduced to 24 outbound trips using industry wide data standards. Farrell said the parking ratio of stalls per unit is now 1.5, up from 1.2 in the original proposal. Farrell added that industry standards showed that 92 total stalls would meet industry standards for parking. Farrell said he has signed an attestation that there will be no affordable housing at this site nor is there an intent to apply for subsidized housing programs or grants. Farrell said the rent proposed for the building will be from $1,500-$2,500 which would not support those type of programs or income brackets. Farrell said he did sit down with Paddle North and OLL and proposed a revised traffic plan which removed the parallel parking and widened the lane from 21 to 28 feet. Farrell said this meeting and subsequent plan drastically improves the traffic flow and pedestrian interaction in the area. Patrick Sarver was the lead from the design team, Civil Site Group. Patrick Sarver addressed the Council by saying they worked hard on improving the circulation of the traffic in the easement area without negatively impacting those areas and made suggestions to OLL to improve their parking area outside of the easement area. Farrell said the project helps to stabilize and grow local businesses by providing new customers, noting he has heard from 30 plus businesses and not one said it wouldn't be good for their business. Farrell then handed out letters of support from local businesses to the Council. 873 Mound City Council Minutes — April 12, 2022 Farrell said there were a few other businesses which did not want to take a public stance due to potentially alienating/losing customers in spite of being in favor of the project. Farrell added the project doesn't remove any existing businesses and will provide $300K in tax revenue to the City to help with deferred capital projects. Farrell said this project will provide a less maintenance intensive lifestyle to Mound residents seeking this type of product. Farrell said this type of product doesn't exist in town and will attract new residents to Mound who will eventually become customers, employees and friends. Peter Coyle, attorney from Larkin Hoffman, which represents Northland, said the City is in control of the rules of development in the City and applicants must meet to the best of their ability those rules and it is also an element of the City to base its decision on the facts of the record and with the development plan. Coyle added that the communication, staff report, engineering analysis and other relevant facts need to be taken into account when doing standards -based decision making. Coyle said that absent a specific, factual basis for denial, under state law if an applicant meets standards, the City must identify in the record specific facts that support their conclusion. Coyle added it is important to know that neighborhood opposition by itself is not a fact and is not a legally supportive fact in making a determination and cautioned the Council that while he understands that OLL may oppose the project, this is not a fact to base a decision. Coyle said Northland Mound has made substantial changes to the project at the request of the Council and Farrell has gone out of his way regarding parking and traffic changes. Coyle said Northland Mound has easements which entitle Northland to improve traffic and parking in the easement with the obligation to pay the cost of these improvements to the area. Salazar asked Farrell if he visited with the adjacent property owners which Farrell said yes and Salazar asked if Paddle North is in favor of the proposed traffic plan which Farrell said they were conditionally in favor if Northland made the improvements. Salazar then asked about OLL and Farrell said OLL is not in favor of the size of the project and said OLL appreciated Northland's parking and traffic suggestions. Salazar said OLL did not want to make changes to its property and objected to the size of the project and safety. Salazar said there were comments in the meeting minutes on pages 787 and 790 in which John Biglow and Father Peter Richards from OLL expressed their concerns about the project. Farrell said they made a good faith effort to make dramatic improvements to improve safey and if OLL chooses to not make their area safer it is their property. Farrell said Northland has full rights to improve the easement and it is our responsibility to do so. Salazar read from page 790 of the meeting minutes which included John Biglow's comments that the size of the project causes a safety concern for children regarding the traffic and parking at the already crowded area. Salazar continued to read that there is concern the south entrance into the easement area would become a cut -through with safety as a main concern and there is a concern for students attending the school and senior citizens attending church and other activities. Salazar said these were the same concerns made by Father Peter Richards on page 787. Salazar said that life has taught me that there are three areas one should touch which affect our children, our churches and our schools with all three are affected by the project. Farrell said the AOE Mound City Council Minutes — April 12, 2022 plan would improve the current situation and he said he suggested speed bumps to slow people down. Salazar read again John Biglow's comments how the size of the project would affect safety. Salazar said the proposed curbing, signage and other changes will increase traffic and is a concern across the OLL parish. Salazar said there was a public hearing in which citizens had the opportunity to express themselves at previous meetings. Salazar said this isn't a formal public hearing but the Council is always willing to listen and serve the public as they are who voted for us and are our citizens. Salazar said there will be ground rules of one visit per person and to please stay on facts. Salazar asked that speakers stick to the 3-minute timer as this is an emotional issue. Salazar asked that speakers not talk hearsay but only real facts and no name calling or lofty accusations or denigrations. Public comments began. Jason Zattler, owner of 2345 Commerce Blvd.Miser Insurance, St. Bonifacius resident, presented a petition he said is signed by business owners who are against the development mainly because of safety, noting he is opposed to the 83-unit apartment building but is not opposed to apartments in general. Zattler said what is not discussed by the City Council is all the other changes which have been approved which will affect traffic, pedestrian and citizen safety. Zattler said no one has spoken about the 50-unit Artessa development and the closure of Auditors Road and what the affects will be to pedestrian and traffic safety and the current traffic congestion. Zattler said adding an 83-unit market rate apartment in a very busy area will lead to more traffic congestion and impact the safety of children, church goers and business customers using the crosswalk across Commerce Blvd. Zattler added that the proposed development will bring more crime, additional policing and snow removal issues. Zattler said the Council is ignoring citizens' concerns and is elected by and for the people and safety is written into the city mission statement. Zattler added that the Council has a responsibility to the businesses and people already in town and to not ignore the business owners who are citizens who oppose the project, stating your job is crystal clear which is to vote no. Bruce Stillman, 5424 Shoreline Drive and 6200 Westedge Blvd., said the building isn't right and he is willing to work with the developers on creating a three -building design which would fit much better and be a more interesting, appealing development. Stillman said the aesthetics of the building could be better and there is not enough parking. Johann Chemin, 6039 Beachwood Road, said the attorney for Northland brought a threatening tone to the meeting. Chemin said the builder has decided to push its way through. Chemin said is 80 units too big? Salazar said that is what the Council is trying to determine. Chemin said there is no integration with future solar energy needs and page 46 of the Comp Plan. Chemin said the design has a flat roof which is available for solar panels. Chemin added there is no design for electric car charging stations and the development deviates from the Comp Plan. Chemin said the view of building design from the Dakota trail makes it look like a prison or a brick wall which also deviates from the Comp Plan and would kill the peacefulness of Mound. Chemin said the traffic in and out and parking are a concern and he doubts there is enough parking spaces for 80 units. Chemin said he bikes on the trail with his kids and it is not safe to cross Commerce Blvd. 875 Mound City Council Minutes — April 12, 2022 Chemin added that no one knows the impacts the building and construction will have on the aquifer as there have been zero studies. Chemin added what will happen if more pollutants get into the drinking water. Kassie Ricke, 1410 Preserve Blvd., Minnetrista, said her greatest concern about the development is the safety of everyone. Ricke said OLL has a vibrant school and hosts events and is the largest corporation in Mound. Ricke asked if we looking out for the benefit for the people who live in the community to which she said it is a resounding no. Ricke added that the traffic flow is a problem and there have been accidents right in front of OLL and there were two other accidents in that general area of Mound. Ricke said the 52-unit Artessa Co-op development and the proposed 83-unit apartment development will cause traffic flow problems and 24 trips in the morning is a ridiculous number. Ricke said Commerce is already backed up in the morning and the development decreases safety in that stretch in Mound which is already a nightmare. Jen Klaahsen, 1545 Maple Place, Orono, said she is a 10-year community member and stated her kids go to OLL and is strongly opposed to the Northland development. Klaahsen said a shared entrance with a school is a bad idea and she couldn't find another example of an apartment building that shares and entrance with a school. Klaahsen said no school, parent or school administrator would ever want that and it is a traffic and personal safety concern having transient residents and their guests so close to an elementary school and a pre-school. Klaahsen challenged the Council to find another suburban example of an apartment complex and school with a shared entrance. Velsor asked Klaahsen if kids are being dropped off in the easement area or on Commerce Blvd. or until they get into the OLL parking lot. Klaahsen said she drops off her kids in the parking lot of OLL. Velsor said it seems as if there are no kids in the easement area. Claudia Lacy, 5940 Loring Drive, Minnetrista, owner of 2425 Commerce Blvd. said the project's building design is very beautiful. Lacy said she leaves her house 24 times a day and doubts that there will only be 24 trips in the morning from the development and that is a ridiculous number. Lacy said people have to use the easement to enter and exit and removing the parking spots in the easement is not a suitable solution. Lacy asked how many parking spots are we losing when Auditors Road is closed. Lacy doesn't agree with the development going in next to a church, a pre-school and school. Lacy said why didn't Farrell buy the Quonset Hut on Commerce Blvd. instead. Lacy said this is an unsafe situation. Lacy believes that each person in attendance at the meeting represents an additional one hundred people who oppose the development. Tish Crane, 5930 Beachwood, said she lives on Lake Langdon and is not opposed to development on Langdon but is concerned with safety on the Dakota Trail. Crane said she has seen many people almost getting hit crossing Commerce Blvd. and the intersection with the Post Office. Crane said she has concerns about access to Lake Langdon which is a private lake with no public access and is concerned about the overuse use of the lake by 82 apartment residents. Velsor said what would be wrong with people using canoes and kayaks on Langdon and Crane said it would be over crowded with 82 kayaks and canoes. Michelle Herrick, 2630 Westedge Blvd., said she owns property on Lake Langdon. Herrick said she doesn't think the traffic and safety issues have been addressed and it is hard enough to get to the businesses on Commerce Blvd. Herrick said she received an email from Matt Franks of Paddle North and read to the Council that the City forced Paddle North into compliance and it is Mound City Council Minutes — April 12, 2022 an unfortunate situation even if Northland Mound would pay for the improvements to the easement area. Herrick asserted that her email thread named City Manager Eric Hoversten as forcing the owner of Paddle North into accepting the development and not following ADA rules and that this is unethical. Herrick stated Northland Mound's attorney had threatened the Council into following the rules. Velsor said this has been looked into and Northland Mound has the right to make improvements to the easement area with or without Paddle North's approval. Salazar said Herrick's assertions were a bit of a falsehood and that conversation she read took place several months ago. Salazar said he spoke with Matt Franks and Salazar said Franks said he got out of hand in the email and that Franks was informed in the fall of 2021 that the easement he owned allows the lot owner to be able to use the easement to develop that property. Salazar said that Franks did not know at that time there was a project being proposed and Salazar stated that now Frank's has all of these things coming at him. Salazar said Franks spoke to Hoversten who explained the easement rights to him. Salazar said that Hoversten told Farrell he would need to fund the improvements to the easement which included fixing the ADA issues which are present in the area. Holt said he got the same email and said he talked to Franks and Franks said to Holt that Hoversten was too calculated to make this kind of slip up and that Franks doesn't care if the project goes through or not. Pugh said she talked to Franks as well. Herrick claimed she spoke to business owners who said they are afraid of retribution from the City if they spoke up to oppose the development and others think they can't comment. Michael Border, 5480 Three Points Boulevard., said if the developer cannot rent out the apartment units at these prices will they become low income. Velsor said he spoke with two property managers and most if not all market -rate apartments are constructed with high costs incurred and they won't rent to those who cannot pay and added that Northland Mound will not have problems renting these apartments. Velsor said the company he works for built two large apartments in Shakopee and they have 85% of the apartments leased. Michael Border said these apartments won't rent at those prices and said there was misinformation in the minutes from a meeting six weeks ago about shared parking. Border added that we elected you and why did we vote for you? Border said it is to be a representative of Mound and not to be a subdivision of the Metropolitan Council. Joe Bruns, 2630 Setter Circle, said if this development passes it isn't a matter of if a child is hurt, it is when and it is on the City Council. Bruns added that if all the units cannot be rented then a federal subsidy is going to happen. Bruns said the development will be good business for towing companies which will be busy and neighboring business owners will be forced to buy parking warning signs and take action to make sure their parking spaces are not consumed. Bruns pointed out that Velsor, Pugh and Salazar have Council terms which are expiring at the end of year. Mary Davis, 3021 Inverness Lane, said the Hazelwood development in Tonka Bay has parking issues now. Salazar said he drives by Hazelwood twice a day and has noticed the driveway grade has been lessened with the pitch lower and the ingress/egress to the shopping complex to the new apartment has been made wider. Davis said she has had trouble parking there and this is due to the Hazelwood apartment being added to existing businesses. 877 Mound City Council Minutes — April 12, 2022 Davis said the Dakota Trail is cool because you don't have to fight parking to get on it and that this is going to change. Davis said there is a difference between ownership and renting and she looks at the Surfside beach debacle in which the jet ski rental business has basically decided they own the open space in the park. Davis said she sees a pattern in developments coming to town who are left to figure it out on their own. Davis said she is worried the Council is not listening to the people. Davis claimed Velsor has a conflict of interest. Salazar said the only time a Council member needs to recuse themselves from decision making is if there is a possible financial gain or loss. Salazar said Larson believes she would lose financially by the development as her property value could be diminished. Salazar added that Larson felt she couldn't be objective about the development. Salazar said Velsor does not gain or lose financially from the project and that Velsor is not obligated to recuse. Davis read from a DNR letter from December 29th which she said was a DNR denial of the Conditional Use Permit for the development. Davis said a development in Lindstrom is occurring that people should aware of and it is important that staff pay attention to that same dog and pony show. Davis wanted her last comment to be entered into the record. Crystal Johnson, 5625 Grandview Blvd. said she lives next to Grandview Middle School and deals with the traffic on Grandview Blvd. Johnson said she is astonished by the number of police calls at the Grandview Apartments, noting there was a partial lock down of the Middle School recently due to an incident at the apartments. Johnson said any time an incident happens at the new development will the OLL school have to go into lock down. Johnson said if the kids at OLL were on the playground something worse could happen and quiet lock downs are traumatic for the kids, for the staff and during church for the parish members. Johnson said she knows there are background checks on tenants but not on their guests which is something which should be considered. Velsor asked Johnson if her kids went to OLL which Johnson said yes. Velsor said is there an adventure club and what is the start time. Johnson said Adventure Club starts at 7:00 a.m., Middle School starts at 8:00 and Elementary starts at 8:50 a.m. and the differing schools are out at 2:50, 3:15, 3:35 and OLL after school programming ends at 5:30. Brian Tramonte, 3125 Highland Blvd, said he won't bring up the blatant disregard to public safety and the environmental issues and said his friends won't move to the area if there is high density housing. Tramonte said he spoke to Holt and they discussed Section 8 housing and why this would be a problem. Velsor asked where Tramonte's friends wanted to live. Tramonte said his friends want to own single family homes and luxury condos and apartments. Velsor asked where they are available and Tramonte said they aren't available in Mound. Holt said he found the phone call he had with Tramonte disturbing which Holt said had comments like we don't want those type of jet ski people in town. Tramonte said Section 8 housing brings high crime rates. Pugh said the fear of low-income people is offensive and there are already low-income people who live in this community. Pugh said she lives three houses down from the new town homes which were built and those properties are better than houses on her street. Pugh said the children play out in the yard, love going to school, help their neighbors and it is not a cesspool of crime. Pugh said those kinds of comments are inexcusable. Holt said shame on you. Velsor said he talked to his building manager at work about background and credit checks on renters and Farrell said Northland will be doing the same checks. Velsor said he asked what the checks are flagging and they are if the potential renters had a DUI, any kind of misdemeanor 8 Mound City Council Minutes — April 12, 2022 property damage or if there were domestic violence issues. Velsor said his company staff has a list of things to check out and would sit down with the perspective tenants before renting to them because they want the building to be filled with respectful tenants. Velsor said people keep bringing up crime and there are no background checks on your neighbors if you move into a new house and this development seems to be a safer situation. Zattler came up to the podium accompanied by Council member Paula Larson who spoke of what Zattler terms "a low-income gentleman" who was living in the basement of the ice cream shop. Zattler and Larson said ice cream shop owner called 911 and detained the individual at Larson's business office. Zattler said the speculation was the individual was vandalizing the property and living there for the last three weeks. Dan Larson, 5835 Beachwood Road, said he doesn't share the not in my backyard mentality but does have concerns about this happening outside my door. Larson said he is also concerned about safety and a lot of recreation on Langdon in the winter as well as paddlers in summer. Larson said he is a 10-year resident of Mound and never came to a meeting before but this is important. Larson said he would like to plant roots here and the most important part of the city is the vision and commitment to the natural environment. Larson read the city mission statement regarding natural spaces in town. Larson said he was unaware of the Auditors Road closure and believes approval of the Northland development would cause the City to change its vision and hopes they can get back to that vision. Larson said what brings people to Mound are people looking for shops, parks, restaurants, Back Channel Brewery and the Dakota Trail and doesn't see how the development would attract people to Mound. Rhonda Eurich, 5585 Sherwood Drive, said she has worked at OLL for 35 years and has concerns about traffic and safety and the impact to the food shelf. Eurich said it's not a "not in my backyard" situation, it's traffic and she doesn't understand why Hennepin County, the DNR and watershed district opinions are being ignored as there is standing water on the property. Trapp said the DNR provided their typical response relative to the shoreline and the space and units proposed by the development. Trapp said due to the physical shape of Mound only single- family homes would fit the DNR's requirements and no multi -family would be eligible without the understanding that has evolved over the years. Trapp said Farrell has addressed the DNR's concerns except for shoreland tiering which is typical of any development which is larger than single-family homes. Eurich said what about the Minnehaha Creek Watershed District (MCWD) and the food shelf. Eurich said OLL had to pay $125K in corrections when the food shelf was built. Trapp said the MCWD application has been submitted and the LMCD is working through their processes. Trapp said the MCWD felt the application could be addressed through their typical processes; including the underground water storage treatment system. Trapp said the applicant must meet WCWD requirements. Eurich said she drives to OLL by Grandview Blvd. where a Police Reservist directs traffic on Grandview and she assumes OLL will have to have the same. Mound City Council Minutes — April 12, 2022 Holt said he drops off his son at Grandview Middle School and Holt said he thought the traffic got worse during the pandemic as no one wanted to put their kids on the bus due to Covid. Holt added that Grandview does get crowded and that is why the Orono Police Department does traffic control. Pugh asked why OLL hasn't used a safety patrol on Commerce Blvd. to help with traffic like Grandview Middle School. Pugh said there was a child who was hit at Grandview and a lot of schools have safety patrols. Eurich said parking and traffic is the problem with the development. Velsor, Holt and Eurich talked about loving Mound and using Lake Langdon. Velsor asked Eurich if she was at the meeting with Northland Mound in which the parking and traffic plan was presented to the OLL team. Eurich said she was there and said OLL staff listened to everything and said no to Farrell. Eurich said they asked questions and said OLL would get back to Farrell. Velsor asked Eurich if there were ideas to try to make things better. Eurich said not as much traffic and not as many cars. Velsor said the four-way stop idea is in the control of OLL and they could have a say on the plan. Velsor said he sat outside of an apartment building in Shakopee and watched the traffic of a building which is 85% rented and has 312 units. Velsor said that is 265 occupied units and he sat out there on Friday and Monday. Velsor said he was out there on Friday from 7:30-8:30 and there were 43 cars which is .57 cars per minute. Eurich said the Shakopee situation isn't the same as here at OLL. Velsor said he counted cars on Monday and found there was one car per minute leaving the apartment in Shakopee. Velsor said there is a limit to what the what amount of traffic is being added by the apartment and people will be leaving the apartment at different times. Velsor said if he would have seen five cars a minute or more that it is one thing; but there is not that much traffic going out. Velsor said the traffic isn't going on all day long. Velsor and Eurich discussed the effect of the development on OLL traffic patterns and Velsor said the traffic isn't going on all day long. Salazar said Eurich is trying to demonstrate that the shared easement with Paddle North means there are Paddle North customers and tenants using the road with school buses, children, parents, parishioners and seniors. Salazar said the apartment is going to make the traffic situation there worse. Eurich said the additional traffic would create safety issues. Velsor said this is a shared easement and not just OLL's and why can't OLL share the easement with the new development. Eurich said OLL has been in the community since 1964 and we don't want our kids run over when they are going to school. Velsor said the kids are dropped off in the OLL parking lot and not in the easement. Kathleen Marie, 2461 Commerce Blvd., said she enjoys nature and likes the small town living and the trail. Marie asked if anyone has walked the development property and said it is a beautiful property and she sees animals walk along the lakeshore and this building will eliminate the natural pathways for the animals. Marie is excited to leave it natural and would like to clean it up and leave it to people who love Mound Anna Schmidt, 6620 Walnut Drive, said she works at OLL and moved to Mound three years ago. Schmidt said she drives her daughter to Westonka HS and the traffic is backed up on VI Mound City Council Minutes — April 12, 2022 Commerce Blvd. all morning. Schmidt said there are three officers directing traffic and this will be needed at some point at OLL. Schmidt said it has been taken for granted that OLL is giving up parking spaces which will be taken away from the Incredible Festival which has been around for 43 years and draws people from all around. Schmidt added that the Auditors Road parking is going to be going way. Schmidt said kids are in the whole upper area of the parking lot and there are funerals and events at OLL. Schmidt said this isn't an OLL problem and said she felt that they were being talked down to by the Council. Velsor said if traffic is so busy out there for 1.5 hours why wouldn't you try to direct the traffic to solve the problem. Velsor said he dropped off his kids at Shirley Hills School and the teachers were directing traffic there. Schmidt said the development would be adding traffic to the problem. Velsor said he gets OLL has been there for years but what if OLL and Northland Mound both moved in today the easement would be both of your responsibility. Velsor said you have a new partner and wouldn't it be good to work together instead of just saying no. Schmidt said if she had a neighbor who needed to get across her yard she doesn't have to work with them which is the same as the OLL situation with Northland Mound. Velsor said OLL has the right to say that it doesn't like this plan but what is OLL's plan for the area? Sharon Rosenberg, 70 Fairway Ridge Court, Minnetrista, said she is a potential resident at Artessa and might pull their registration from Artessa because of the development. Rosenberg said her son works at the Hardware Store and was hit by a car at Shoreline and Commerce 10 years ago. Rosenberg said she drops off her son at the Hardware Store and said there is no way she is making a left turn in that area. Rosenberg said she has lived out here for 30 years and people live here for a variety of reasons. Rosenberg said the Northland and Artessa projects added to the closure of Auditors Road and will add too many people in the area looking for places to park Rosenberg wants to see a smaller condo type building in the Northland development area. Kathy Timberg, 6049 Ridgewood Road, said what if the apartment building doesn't reach capacity and what the consequences are to Mound if this happens. Timberg polled the audience to see who was in favor of the project. Peter Meyer, 5748 Sunset Road, said the City built the City parking ramp to encourage retail downtown. Meyer said he doesn't understand why the City is going to add a new development with Artessa and close Auditors Road which will cause traffic to increase. Meyer said Mound is a fully developed, small town community and this project is completely against what has been done over the past 40 years. Meyer said the City passed a referendum years ago to support parks in Mound and a subsequent Council voted to remove parkland for the Village by the Bay project. Meyer urged the Council to stand up against the Metropolitan Council and vote no and keep commercial activity in the downtown area. Becky Kennedy, 132 Maple Ridge Drive, Delano and Principal at OLL, said she was against the project from the start and is against the amended proposal. Kennedy said the added number of people will not keep people safe and not just car traffic but people who walk in the OLL parking lot. 11 881 Mound City Council Minutes — April 12, 2022 Judith Morrison, 2150 Old School Road, said the traffic at the intersection of Commerce Blvd. and Shoreline Drive is bad and said she drives to work at OLL and has been at that intersection and has seen people blow through red lights. Morrison said she walks her dog and the additional traffic is worrisome and asked the Council if they have given this the consideration it needs. Morrison said citizens need to feel safe, cared for and respected. Jim Gountanis, 2601 Commerce Blvd., said he believes the development is too big and Northland hasn't done anything at all with the revised plans but take a floor off of the building and kept the parking the same and he can't understand why the City of Mound wants to allow a building this close to the lake. Gountanis said his father tried to buy the property 25 years ago but found out it was too expensive to purchase and build on because it was a wetland. Gountanis said there is a reason the DNR and MCWD haven't signed off on the project and he can't understand why the project doesn't adhere to the 50 feet buffer. Gountanis said this development is bad for traffic and bikers have been hit by cars crossing Commerce Blvd. from the Dakota Trail. Gountanis said this project should be smaller and he doesn't believe the tax benefit is $365K when the Grandview Apartments which is virtually the same number of units produces $125,000 in taxes. Leigh Maurstad, 5130 County Road 151, Minnetrista, said she used to live on Lynwood Blvd. and said the current Dakota Trail recreation area is leased and originally the light rail was to be installed in 2012 on that railroad bed. Maurstad said if you get rid of Auditors Road you will not be able to cross over to Shoreline and when the light rail goes through what will happen to traffic and people will have to use Bartlett. Maurstad said she had used the Northland property to get on Lake Langdon and believes this land is an asset to the community. Maurstad wondered how many studio units are in the area. Maurstad wondered about the number of cars per unit there are in the area. Maurstad said people rely on transportation in Mound as busses are limited in Mound. Velsor said that studio apartments are typically the first ones to get rented because most single people prefer them. Maurstad and Velsor discussed amenities and what young people want in studios and apartments. Jerry Ricke, 1410 Preserve Blvd., Minnetrista, said he is a common-sense kind of guy and doesn't need a governmental organization to do a study to understand more cars means more traffic and he has seen the accidents which have occurred at Shoreline Drive and Commerce Blvd. in this specific area. Ricke said he worked for the Mound Fire Department and has seen kids hit by cars in the area. Ricke said the design is a beautiful building but it is ludicrous to shoe horn the building back in the area. Ritche said he has checked out the area and he has driven a fire truck back there it was very tight and certainly a concern. Tom Notch, 1250 Morningview Drive, Minnetrista, said he thinks that 24 trips per morning out of 83 units doesn't make sense. Notch said the DNR easements should be paid attention to and respected and said he doubted the $300K tax impact number. Notch said he looked it up that this is less than 1 % of the total tax value. Notch said the development is a cost negative to the City as residents of the building will have kids which will be a cost to the schools. Notch doesn't believe the parking numbers and thinks OLL which has been in Mound since 1964 should have squatters' rights. 12 882 Mound City Council Minutes — April 12, 2022 Paula Larson, lives at 5713 Lynwood Blvd. and owns a property on 2316 Commerce Blvd., said the Council does realize what the voters want and she didn't think she needs to reiterate safety which is the number one word on the City mission statement. Larson said she takes serious offense at people suggesting that this is OLL's fault because they won't cooperate. Larson said the Shakopee comparison isn't accurate because Shakopee has major highways and has a population of 41,000. Larson said Mound is not on a major freeway and to compare counting cars in Shakopee to Mound is comparing apples to oranges. Larson asked Pugh if she has visited the site which Pugh said she did last fall and Holt who said he has visited the property many times and Salazar said yes and walked the property and Velsor said yes and he will sit out in his truck at the property observing traffic. Larson said she knows the history of property intimately and Larson said safety is the problem and this is not a safe project and 40 units sounds like a great project. Larson produced a display of a Pileated Woodpecker which she said are protected by the federal migratory bird act and it is a federal offense to mess with the eggs, nests and the birds. Larson said the City is so lucky to have these Woodpeckers in the City on Lake Langdon. Larson said the Pileated Woodpecker is the cousin of now extinct Ivory Billed Woodpecker. Larson knows where they nest and will be watching and thinks safety is an easy answer. Paul Meisel, 5501 Bartlett, owner of property for sale, said he and his wife bought the lots over the years with the idea to put something nice up. Meisel said this developer has come up with a good plan and is cooperative and had reduced the size of the project and has done everything he could. Meisel said he doesn't know why OLL is so opposed to the project and said he was at the meeting at OLL to discuss the easement and the first thing they did was say they opposed it. Meisel said he is trying real hard and is surprised with all the subjects brought up tonight, some of which didn't make sense to him. Meisel said the developer has done what he can to meet every single ordinance and he said if someone wants to buy the property and turn it into a park that's fine. Meisel said he agrees with Velsor that there won't be more traffic added and why doesn't OLL work together on the traffic issues. Meisel said he has tried to be a friendly neighbor to OLL and worked with OLL regarding parking at the Incredible Festival and allowed for OLL to use his property during their events. Cindy Notch, 1250 Morningview Drive, Minnetrista, is an active parishioner at OLL, said there is a DNR Easement right down the middle of the property. Hoversten said there is a platted city Right of Way which allowed for access to the properties if they were ever to be developed. Notch said if there was a 30 feet, private lake easement at Lake Langdon the Council would like that and believes this development is a private taking of a publicly dedicated easement through the MN DNR. Notch asked if the Orono Police Department and the Mound Fire Department have gone on record on the impact of the development on space and traffic on Commerce Blvd. Velsor asked about the DNR easement to which Hoversten said there is the diagonally platted Right of Way through the property and another one along the shoreline which are both 13 -o Mound City Council Minutes — April 12, 2022 undeveloped roads which are owned by the City. Hoversten said they are there to provide access to the interior lots in the area of the subdivision. Hoversten said the need for this access isn't there any longer and if the re -platting happens the lots are then reorganized so there is no need for access if the owner has combined all the land. Kathy McEnaney, 6040 Ridgewood Drive, said if the apartments don't get filled for a year or two what are the consequences for Mound. Farrell said he believes the project will lease up given where the market is he said when the project is completed it will lease ahead of schedule. Farrell said there are precautions that are built in with the lease up period and to account for delays. Farrell said it was unanimously determined by the Planning Commission and staff that the project was consistent with the Comp Plan. Farrell said they have met the Council's request to shrink the project by removing a floor, increased the number of parking spaces per unit from 1.2 to 1.5. Farrell said he sat down with neighboring parcel owners and completed a revised traffic plan with a dramatic improvement to it and looks forward to working with the Council on any conditions raised going forward. Scott Gates, 4363 Wilshire Blvd., said he would like to have had a poll for the complaints about Auditors Road and why didn't the people in the audience show up when the removal of Auditors Road was proposed. Gates said this is a nation of laws, regulations and standards. Gates added this is a nation of professionals and experts who can study and determine parking and trip data, who know the numbers regarding urban apartments and walkability and these regulations and standards govern what is being done here. Gates said this proposal is just one step in the development process with many more steps and the other agencies which will weigh in including community input. Gates said at the end of the day this development meets Comp Plan requirements and there have been people here who have cited problems which aren't project related. Gates said all three parties have equal access to the easement and due process. Gates said a private property owner who meets the requirements of the City must be approved. Gates said he is tired of Paula Larson making assertions which are not made up of facts and he wanted it noted in the record that they are not substantiated by fact. Gates said everyone wants shops for retail and the only way to get it is through rooftops. Gates added there are open business spaces in Mound which are affordable and there is no impediment to opening a business in Mound. Gates said this development meets the vision of community and the Comp Plan. Gates said the people in the audience are a small group of residents and have a right to be heard. Gates said OLL could have bought the property if they want to control it. Gates said he has talked at previous Council meetings about development in Mound including the Harbor District. ■ Mound City Council Minutes — April 12, 2022 Ginger Skaja, 5975 Maple Forest, Minnetrista, said she wants to leave the world a better place and wants to get more involved. Skaja said there are traffic and environmental pieces to this development. She said she was a high -end renter and the rental community is transient. Skaja said she tried to find a school and an apartment which share an entrance. Skaja said owners are just more respectful than renters and wants home owners at the site. Skaja said there is a lot of development in Minnetrista and there is a traffic stigma regarding Mound. Chad Zejdlik, 9551 Woodridge Circle, Eden Prairie, said he works in the community as a banker and is a member of the Mound Rotary and personally thinks the development would be a nice improvement to the community. Zejdlik said he is a Catholic with a child and can understand the position of OLL. Zejdlik said he is pro -business and this project would bring 85 people into the community which is good for everybody. Zejdlik said Farrell has done what he was asked and is proud to bring this project to Mound and the property won't be a problem. Zejdlik said he is a supporter of OLL but it is a desirable location and if not now, when and if not this, what? Zejdlik said the development makes sense from a pro -business perspective. Eurich said she was at the at the meeting with Meisel and five others and said the OLL staff was nothing but gracious and it was a very pleasant meeting and she has worked with Mr. Meisel in the past and OLL is a good neighbor. Salazar said nothing ever came from a proposed Condo project at the site and it never came to development committee. Maurstad had a question about the right of way and whether there was a proposed vacation of it and Hoversten said yes. Salazar said the City parcels adjacent to the private parcels will be sold to the developer. Pugh asked a question about safety at OLL and wanted to know if the school had any school safety patrols as at Grandview Middle School. Pugh said if OLL is going to double in size what are your plans to address your safety issues at OLL. Pugh said she wasn't decided when she came to the meeting and said she grew up in this town when Tonka Toys was here and there was more development when there were 4000 people living in town and now there is only 2% of the tax base which is from commercial property. Salazar said there has been a lot of discussion tonight and the Council will give direction to the developer as it needs to address the project tonight. Holt asked to view the slide on traffic and parking and the intersection at the easement. Holt said the Planning Commission looked at the easement area, the north entrance and the parking at the easement. Holt said he suggested that parallel parking will not work and to get rid of it. Holt said his Chiropractor finally came around to the parking plan and Holt said the Chiropractor is more comfortable with the plan and it solves the parking problems by using straight in parking. Holt asked whether the developer can legally put curbs and speed bumps on OLL property outside the easement area. Hill said the developer can't go outside of the easement to the neighboring property without OLL consent. Holt said the parking was okay but now it is even better but wondered why Farrell submitted a plan which improves private property. Farrell said as he understood he was asked to come up 15 885 Mound City Council Minutes — April 12, 2022 with a plan with input from OLL and his team came up with a plan for OLL which slowed down traffic and attempted to improve the entry onto OLL property. Farrell said it is the sole benefit to OLL for traffic calming and directional traffic signage to be installed and paid for by Northland. Holt asked why the parking plan included OLL property. Farrell said the proposed plan was the best outcome for OLL and he said it would be cheaper for Northland to not improve the traffic. Farrell said it is an option for the Council to approve the development plan with a condition in which Northland can only improve the easement area if there is approval by OLL for their property to be improved. Holt said he studied the parking lot and people are flying through the area and the plan proposed by Farrell helps with safety. Holt said the development will create more traffic but this plan will help with safety. Farrell said the speed bump was intended to slow people down and OLL didn't agree to the traffic plan. Holt said he observed traffic on the easement and from the north and didn't see the traffic build up. Holt said cars were flying by and speed bumps and stop signs will help. Holt said can improvements be done on the OLL property and not in the easement. Hill said again the developer cannot do work outside the easement. Hoversten said there are two easements; the driveway into the area off Commerce Blvd. and the 50 x 50 square parcel at the intersection northeast of the OLL parking lot. Farrell said Paddle North wants Northland to improve and widen the easement. Salazar asked Farrell about removing barriers from the easement roadway and if the roadway on the easement will be moved south toward the OLL property. Farrell said improvements will only be built on the easement. Velsor said the plan does make traffic slow down as it enters the site and into OLL and one of the ways to stop and slow apartment renters is to direct them to Commerce Blvd. Velsor said the Council can't force OLL to come up with a solution to the traffic issues. Salazar said OLL did sit down with Farrell and Paddle North and he said he spoke to John Biglow from OLL and Salazar said OLL did generate a response to Farrell. Pugh said there are many intertwined pieces to this development. Pugh said she has listened to comments about traffic during the Auditors Road and park planning processes and many people complained kids will be hit by cars through Auditors Road. Pugh said there are many ins and outs along Commerce Blvd. in this area; bike path crossing, streets and alley ways and too many options for turns but left-hand turns make the area vulnerable to accidents in particular. Pugh said the Council has work to do on the city infrastructure. Pugh said it should be recognized that the traffic and parking problems are also caused by Minnetrista development as those residents' travel through Mound. Pugh said the interior roadway can be improved by the traffic plan and she said she is hearing that people are concerned. Pugh said this development has a private easement and will bring in more to the tax base and the fears of the audience are really wrong. Pugh said what happens with low-income development is just the opposite of what people fear. Push said as soon as the subsidized 15-year mortgage is paid for and the tax credits end, those developments are converted to market -rate so this is a fear tactic and shouldn't be here. I Mound City Council Minutes — April 12, 2022 Pugh said the tiered down design to the lakeside is good. Pugh said Farrell kept the parking but was still criticized by the audience. Pugh said she doesn't feel it is a negative situation and she hears the concerns for children's safety and there are more things the school can do to be more safe. Pugh said the business community is afraid of negative feedback from residents Pugh said during Covid-19 the City Liquor Store did really well and she says she buys in Mound now that she is retired. Pugh said the City needs the funds to make improvements and there is not more land in Mound to generate taxes and the City needs more diversity in housing. Velsor said he took notes all night and commented that the size of the building is smaller and he couldn't imagine the top floor was going away, making it a little higher than the OLL school and not as imposing as viewed from the Dakota Trail. Velsor said the comments about crime and this development will not happen because of the type of background checks done. Velsor said that if he lived at Northland Mound, he would leave for work and take a right and head south to Bartlett or to Co Rd. 44 to the east. Velsor said the 28 feet wide easement is two feet less than a 50-mph highway. Velsor said there were comments about development in Victoria ruining the town to which Velsor said when he was in Victoria there were people walking all over the place and the Northland building is even smaller than the building in Victoria and away from the sidewalks. Velsor said it is really sad that business owners are afraid of the repercussions from the people of Mound if they support the Northland development. Velsor said people are still complaining about parking even after the units in the development were reduced, increasing the stalls per unit. Salazar said has been in business all his life and the development could help business and bring in an influx of young people and young people will probably spend a lot of money in town. Salazar said he thought the project was too big even at the Development Committee meeting and he had concerns about access to the development. Salazar said the parking has always been a concern and there was talk from the developer early on to buy parking spaces from the church. Salazar said he was surprised about those comments and recommended early on that Farrell needed to meet with OLL. Salazar said he used to drop off his daughter at OLL and half of the parking lot is the OLL school playground. Salazar said he is all for good quality growth. Salazar said he has spoken to the Mayor of Plymouth who explained to him there will always be development and the key is to guide it. Salazar has concerns about the project which include the size of the building, parking, and the traffic ingress/egress. Salazar said Farrell was directed to figure it out with Paddle North and OLL to improve the situation. Salazar said there are three areas you don't touch and those are all present in this development. Salazar said they are children, churches and schools. Salazar said Farrell hasn't adequately addressed the development because OLL still doesn't want it. 17 887 Mound City Council Minutes — April 12, 2022 Salazar said OLL have given serious thought to this situation and they realize Mound needs development but they are not in favor of this project. Salazar said the possibility for new retail in Mound is slim to none as only quick serve restaurants, fitness centers and banks work now that Amazon has taken over retail. Salazar said the Northland Mound development doesn't meet his requirements, which are stated on page 763 of the packet, because OLL doesn't approve of the development. Salazar said the church is growing and there is no problem with OLL. Salazar said the Northland project falls short and it is going to add to lot of traffic and congestion in the area and the church is not in favor of this project. Salazar said there are too many units and too many people and too much traffic to add to the congestion in the area. Salazar said he is not in favor of the project. Holt said he was not a fan of the apartment development at Commerce Place and that is what got him to run for Council. Holt said the Commerce Place development was 100% in the wrong place. Holt said he can look out from his home during the winter he can see buildings including OLL and the woods where the project is planned. Holt said people will see this development from Langdon. Holt said the trail crossing is dangerous and someone is going to get killed crossing Commerce Blvd if planning isn't done to improve the area. Holt said his sister has lived in an apartment and his parents live in a condo in Bloomington and he said he is not anti- condo or anti -growth. Holt said there is a need for a nice condo in Mound and this will obviously be a nice, brand-new place. Holt said people have told him that they would like to live near the lake but there aren't apartment options which appeal to young professional people out in this area. Holt said he uses Lake Langdon with the water quality rated D+ and he still swims and jumps in, paddle boards and kayaks. Holt said he had a bon fire on the lake recently and that he would be happy to have more people kayaking and enjoying Lake Langdon. Holt said the parking for the Incredible Festival is not going to be affected by the new development too much. Holt said the height of the original proposal was four stories and Northland changed their plan to three stories and he doesn't think it is too big anymore. Holt said the new plan also alleviates the parking problem now with the reduction of units. Holt said traffic is an issue and has gotten worse with new Minnetrista residents driving through Mound but traffic does move through town. Holt said this is a downtown area and you should expect traffic. Holt said safety is his concern and when biking with his daughter she is afraid of crossing Commerce Blvd. Holt said Westonka has addressed traffic control at Grandview and Westonka schools with staff directing traffic. Holt said Northland doesn't kill the small town feel of Mound and while using the trail in the past he has thought that this is a perfect spot for something. Mound City Council Minutes — April 12, 2022 Holt said he has had conversations with OLL parishioners. Holt said he has had phone calls and one on one conversations from people who have said it is about time and Mound needs new investment in the town. Holt said the low-income housing talk is a fear tactic. Holt said the changes made by Northland are not perfect but said he thinks putting in stop signs and speed bumps directing drivers are improvements. Holt said he has heard from business owners and from residents in favor of the development who are afraid to speak up. Holt said this development is not going to kill the town but will help it. Holt said the big question is; did Northland solve the problems which were asked. Holt said the only thing he is uncomfortable with is the plan shouldn't involve the private OLL property. Salazar said he sat down with business owners two weeks ago and they told him how they felt about the development. Salazar said two business owners and two bankers were present along with Paula Larson who is acting Mayor. Salazar said the project was discussed and one business owner was in favor and another business owner and one banker had concerns about the project. Salazar said up until a couple of days ago he didn't have one person who called him who was in favor of the project and even that person then changed his mind about the project and was against it. Salazar said he has had no one from the community to come to him in favor of the project except for the one business owner. Salazar said there needs to be a decision tonight. MOTION by Salazar, to direct staff to prepare a resolution of denial of approval of the Northland Mound application. No second was offered and the motion fell to the floor. MOTION by Velsor, seconded by Pugh, to direct staff to bring back the resolutions to approve the elements of the Northland Mound application with the condition that the applicant do work in the easement and not on OLL property. Velsor, Pugh and Holt voted in favor of the Motion. Salazar voted against. Motion carried. 7. Consideration/action on Resolution Ordering the Abatement of a Hazardous Building Smith presented an overview of the consideration and action on the order of abatement for the building at 2396 Commerce Blvd. Smith said an alternative to abatement was a restoration agreement. Smith said the restoration agreement was amended and approved with an extension for corrections to be completed by February 28, 2022. Smith said in accordance with the restoration agreement, the notification for cure was made as deficiencies have not been satisfied nor have building permits been completed. Smith said the City Attorney sent notice to the property owner and their counsel of the cure requirement and notice of default on April 1, 2022. Smith said the Council is asked to consider the hazardous building declaration with draft resolution. Tracy Reiman City Building Official, said at this time none of the required inspections have been completed and a grading inspection was not done per the plan. Reiman said the property owner was advised to submit new plans which have been received but there has been no inspection activity since. Reiman said there are regular windows with the decorative elements in place. Salazar asked if anyone has gained access to the property and Reiman said Scott Mound City Council Minutes — April 12, 2022 Qualle, City Building Official, has been and addressed a number of concerns to the property owner on Friday but the items of concern hadn't been addressed. Salazar asked about the progress inside the building and Reiman said Qualle had met with the contractor's assistant and there are issues with accessibility, framing and some exterior issues with sheathing and other items. Salazar asked if they know that these items need to be inspected by the building official to be approved? Velsor said Qualle should provide something in writing for the Council prior to the meeting. Velsor asked about a General Contractor and how things are going to which Reiman said there is ongoing work without inspections. Velsor asked how are they going to get a Certificate of Occupancy and Reiman said they were going to have to be compliant. Michael Mahoney, Attorney representing property owner Lang, handed out a photo of the outside of the building. Mahoney said there are two categories of things which need to be done; those are hazardous building and abatement items. Mahoney said there have been four reports on structural items which are completed. Mahoney said they categorically deny that City building officials have been denied access to the building as on March 23rd the inspector didn't arrive at the site at the prescribed time and there have been a couple of other times when a meeting was scheduled but didn't occur on site. Mahoney said Lang is cooperating and wants to get the project done. Mahoney said the property owner is completing the list of items regarding plumbing and electrical permits which are scheduled to be done by April 1 st Mahoney said the project was shut down by the building official and their goal is to avoid abatement. Mahoney said the non -hazardous items are approved but took an extra 21 days to complete because of the revisions to plans which weren't communicated effectively. Mahoney said the building is structurally sound with no items to be abated and will certify that structural items are complete. Mahoney said Lang wants to finish the project and is down to the last items to be done by March 31, 2022 and the remaining items will be done within 30 days. Mahoney said these items need an extension because they can't be done due a sidewalk needing to be removed. Mahoney added the property owner has done five items which were listed abatement items. Mahoney said the remaining items can be completed within the final 30 days of the agreement as they are not structural. Mahoney said he is asking for a Certificate of Completion instead of a Certificate of Occupancy as there is not a tenant in the building and they want to work on completing the project. Hill said the abatement order is 30 days to abate and fix or raise the building and the order to abate is in the agenda packet. Mahoney said there have been four calls for inspection and workers were waiting on site and no building officials have showed up. Mahoney said the communication on both sides hasn't been the best. Hoversten said the inspections were asked for to resolve the issues of unapproved work which was done at the building versus the plan specifications. Hoversten said staff were trying to NO Mound City Council Minutes —April 12, 2022 move the process forward by doing inspections and found the work completed which didn't fit the specifications agreed to earlier. Mahoney said there were revised plans sent to the City which sat for a long period of time before there was a report made. Hoversten said the contractor must call for an inspection to be made but the communication and coordination between the architect and staff wasn't ideal. Hoversten said this project has gone on for 13 months when it should have taken four months and from the beginning communication between the property owner's team hasn't been consistent and there hasn't been a person to lead the project and the work hasn't been done to a reasonable expectation. Hoversten said the meeting on the 23rd was productive between Hoversten, Mahoney and staff but there wasn't the follow through since that meeting. Hoversten said the resolution before the Council is to give staff the tools to keep the project moving forward and be in position to abate the property if the work isn't completed. Velsor asked if Lang was at the meeting on the 23rd and was told that Lang was there via the phone. Hoversten said Lang not being available and not being in attendance sends the wrong message to which Mahoney agreed to but he said Mr. Lang was sick. Mahoney said Lang did participate in the March 23rd by phone and is trying to indicate he wanted to get the project done. Mahoney said he is not opposed to the order of abatement. Holt said the drawing of the building is good and wondered when the sidewalk and fapade are going to be finished. Discussion ensued about the side of building needing work and final approval and when the work will be done which is dependent on the weather. Larson asked if staff is recommending approval of the abatement resolution and staff said yes. Larson said Mr. Lang has owned the building for 28 years and what is the next step if it doesn't get done. Hill said under the restoration agreement there is the hazardous building standard 30- day process and the other part is the City going in to inspect the work done to assess the property to see if there is no other option for the building and if it is still hazardous. MOTION by Holt, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION 22-32: RESOLUTION ORDERING THE ABATEMENT OF A HAZARDOUS BUILDING LOCATED AT 2396 COMMERCE BOULEVARD 8. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten added the following comments: May 7 - Spring Cleanup day being held at the Minnetrista PW Building May 21 - Family Fun Fest May 21 - Mound Farmers Market and More resumes Larson asked about the process for approval for the Northland Mound project which Hoversten said the item will be on the next meeting's consent agenda. 21 Mound City Council Minutes —April 12, 2022 Holt said he was at Swenson Park recently and said the new tennis court looks real nice and the pickle ball court is lined and ready to go. B. Reports: Liquor Store — March 2022 C. Minutes: Docks & Commons Commission — January 20, 2022 Planning Commission — February 1, 2022 Planning Commission — March 1, 2022 D. Correspondence: 8. Adjourn ACTION by Holt, seconded by Velsor, to adjourn at 12:19 a.m. All voted in favor. Motion carried. Attest: Kevin Kelly, Clerk Mayor Raymond J. Salazar 0 PON 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: April 20, 2022 Re: April 26, 2022 City Council Consent Agenda Item —Seasonal Request for 2022 Mound Farmers' Market & More in downtown Mound SUMMARY. Mary Perbix, on behalf of the Mound Farmers' Market & More (MFM&M), has submitted a request for seasonal approval for this year's farmers' market which has been located in the City parking lot immediately south of the Dakota Trail for several years. 1161411AI W i! I • The MFM&M request includes their seasonal request for use of the property, their signage plan and permission to place a storage shed on City property south of the Dakota Trail in the vicinity of the market area. Members may recall that this is the same approach used by the City Council for review and approval of MFM&M activities beginning in 2011 and was recommended by Staff because the City Code regulations are not geared toward a temporary seasonal use for an extended period of time. Members may recall that a temporary storage shed was included as part of the Council's previous approvals for the farmers' market and is included again this year for the 2022 season. • For the 2022 season, MFM&M plans to place temporary signs that will be put up and taken down on market days. This program is similar to previous years. • Outdoor music is not part of this year's market activities. • The City's seasonal use includes approval to include food trucks or vendors as part of the 2022 market. • 2022 market activities will be held on Saturdays from May 21' through October 8' from 7:00 a.m. to 1:00 p.m. not including set-up and take -down activities. • Required Permits and Fees. A Public Gathering Permit and Seasonal Banner and Portable Sign Permit are required for this year's farmers' market. Staff recommends the following fees for this year's market season: $300.00 — Public Gathering Permit/No Damage Deposit Required $ 25.00— Temporary Sign Permit Indemnity Agreement and Certificate of Insurance. Similar to the City's previous approvals for the market, the execution of an indemnity agreement and submittal of a Certificate of Insurance, naming the City of Mound as an additional insured, are recommended conditions. Required insurance coverage shall be in accordance with the City's established policies. The MFM&M insurance certificate is required to be in effect at all times the market is operating. A Certificate of Insurance was submitted for this year's seasonal market and was approved by Staff. RECOMMENDATION. Staff recommends Council approval of the 2022 seasonal use and activities for Mound Farmers' Market & More subject to the following list of minimum conditions: 1. Reduced fees are approved for this year's market activities. The total fees to be paid are $325.00. 2. Signage placement is subject to review and approval by the City of Mound. No signage shall be placed in a location so as to affect vehicular and pedestrian traffic. The City of Mound reserves the right to modify sign placement in the field. 3. Signage placed outside of the City's approval of the temporary permit shall be subject to removal by the City. 4. No signage can be placed upon private property unless permission from the private property owner has been provided to the applicant who shall be responsible for obtaining same. 5. As applicable, the applicant shall be required to obtain any and/or all required permits from other agencies including, but not limited to, Hennepin County (i.e., temporary food permits, etc.) 6. An indemnity agreement shall be prepared by the City and executed by the involved parties related to the seasonal location of the storage shed. 7. The temporary shed shall be removed within 15 days following the last day of the 2022 market season. 8. No activities associated with the farmers' market shall take place on the Dakota Trail. The Dakota Trail shall remain clear for recreational use. 9. Applicant is required to comply with the CDC guidelines for the COVID 19 pandemic and/or Governor's Executive Order in effect at the time. A resolution, approving the permits for the 2022 farmers' market season, including reduced fees, subject to conditions, has been prepared for the Council's consideration. Staff recommends approval. • Page 2 CITY OF MOUND RESOLUTION NO. 22- RESOLUTION APPROVING SEASONAL REQUEST FROM MOUND FARMERS, MARKET AND MORE FOR 2022 SEASON IN DOWNTOWN MOUND AND APPROVING A REDUCED FEE DUE TO PUBLIC PURPOSE OF GATHERING WHEREAS, the Fee Schedule set a Public Gathering Permit for a Category I Location Fee at $300 per day and the Damage Deposit at $500 per day; and WHEREAS, the Fee Schedule set the Seasonal, Banner and Portable Sign Permit at $25; and WHEREAS, Mary Perbix submitted a Public Gathering Permit application and a Seasonal, Banner and Portable Sign Permit application for the seasonal request required for the 2022 Mound Farmers' Market and More to be held on Saturdays from May 21, 2022 to October 8, 2022 from 7:00 a.m. to 1:00 p.m. (excluding set-up and tear downtown activities) in the vicinity south of the Dakota Regional Trail; and WHEREAS, City Staff has reviewed said application and has recommended reasonable conditions to protect the public's investment in its public parks and commons areas as set forth in a staff memo to the City Council dated April 20, 2022 ("Conditions"); and WHEREAS, the City Manager and City Staff desire to waive a portion of said fee and to charge a reduced Public Gathering Permit fee of $300.00 and waiver of the $500 Damage Deposit for the 2022 farmers' market because it is a public event that benefits the community as a whole, it requires an extremely limited amount of city expenditures, and the primary objective of the event is not to benefit a private interest but rather to showcase the economic, recreational, and residential opportunities and amenities located in downtown Mound and within the community as a whole. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The recitals set forth above are incorporated into this resolution. 2. The following permits are approved with conditions for the seasonal request: A. Public Gathering Permit B. Seasonal, Banner and Portable Sign Permit 3. A reduced fee for the 2022 Mound Farmers' Market and More market season is and waiver of the damage deposit in the public interest due to the overwhelming public benefits. 0 Passed by the City Council this 26th day of April, 2022. Mayor Raymond J. Salazar Attest: Kevin Kelly, Clerk CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area. Category I Locations: Surfside Park, Greenway, Centerview Park and Parking Deck PERMIT FEE: $300/DAY DAMAGE DEPOSIT: $500/DAY Category II Locations: Other Parks (neighborhoods, veteran's parks) PERMIT FEE: $50/DAY DAMAGE DEPOSIT: $200/DAY A Certificate of Insurance naming the City of Mound as Certificate Holder/Additional Insured is required with respect to the City's ownership of the public lands. Date(s) of Use May 21, 2022 - October 8, 2022 Area to be Used 5515 Shoreline Drive Time Frame 7:00 a.m. - 1:00 p.m. Intended Use Farmers' Market Expected Attendance 300 - 900 Organization Non Profit Volunteer Managed Farmers' Market Representative's Name Mary Perbix Address 2900 Dickens Lane, Mound MN 55364 Telephone No. Daytime: 952-472-3299 E-Mail: mfmm578@gmail.com Departmental Approval City Clerk Work: 952-212-9993 Police Dept. Public Works Fire n A 1111@14UPL— 2415 Wilshire Blvd, Mound, MN 55364 Phone 952-472-0600 Fax 952-472-0620 SITE APPLICANT OWNER SIGN CONTRACTOR Property Address Business Name SEASONAL, BANNER, & PORTABLE SIGN PERMIT APPLICATION Note: Any information supplied on this form will be considered public according to the Minnesota Government Data Practices Act. 5515 Shoreline Drive Mound Farmers' Market & More Name Mound Farmers' Market & More Phone 952-472-3299 Fax Name Mary Perbix, Volunteer, Manager Phone 952-472-3299 Fax Company Name Mound Farmers' Market & More Address 5515 Shoreline Drive, Mound MN Contact Person Mary Perbix Phone 952-472-3299 ❑ Seasonal Sign $25 - Dates from Message See City Code Chapter 119-4 Zone Phone 952-472-3299 Email mfmma-amail.com Other 952-212-9993 Other 952-212-9993 Email mfmm578@gmail.com Other 952-472-3299 to Size feet x feet = sf Seasonal Signs - Seasonal signs of a temporary or portable nature may be used in the non-residential districts to promote or advertise on -premise seasonal services or merchandise. Such signs shall be limited to a maximum of thirty-two (32) square feet and shall not be left in place for more than a two (2) month period. Permits and fees shall be required for all seasonal signs, and permits may be issued no more than two (2) times per calendar year per business. 0 Banner/Pennant $25 - Dates from May 21 to Oct,8,2022 Describe event Mound Farmers' Market & More Sign locations (list or attach map) _End of green space facing Co Rd 15 & Corner of Commerce Blvd & Auditors Road, Mound. Removed at 12:30 pm every market day. Temporary banners and pennants employed for grand openings of business establishments, special events or promotions and holidays are not exempt from permits and fees and shall be removed within thirty (30) days upon permit issuance unless an alternate schedule is approved by the City Council. Temporary banners and pennants are prohibited from being placed upon any decorative fencing unless the banner or pennant is used in conjunction with a government, a quasi -public function, or similar -related special event. Permits for banners and pennants can be issued no more than four (4) times per calendar year. ❑ Portable Sign (no fee) - Dates from to Number of signs Sign locations (list or attach map) Describe sign (message, materials, etc.) Portable Signs used for the purpose of directing the public may be permitted under the following conditions: (a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi -public function; and (b) The period of use of said sign shall not exceed thirty (30) consecutive days; and (c) Signs shall not be used more than four (4) times during a calendar year; and (d) Signs shall be placed on the premises of the advertised event and/or on such other premises following approval of a temporary sign permit by the City of Mound. Administrative approval of a portable sign permit is permitted if the following conditions are met: 1. The sign is not being placed on public property. 2. Written permission from the property owner of record is provided if being located off -premises. 3. The criteria reference in subsections (a), (b), and (c) above are met. 4. The proposed location of the sign is reviewed and deemed acceptable by Mound Staff, which shall include the Police, Planning, and Engineering Departments, based on the following criteria: • The sign is not being placed in the road right-of-way. • The sign does not obstruct the sight triangle for pedestrian or vehicular traffic. • Placement of the sign does not create any potential traffic or other related hazard; and (e) Portable sign placement on public property requires City Council approval; and (f) Such signs shall require the issuance of a permit but will be exempt from all fees; and (g) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one time. Applicants are advised that incomplete applications or insufficient information can delay the processing of the permit request or may result in the application being rejected. Please fully complete all involved sections of the application and provide as much detail as possible, including, but not limited to, the proposed locations of signs, using addresses or landmarks, and written permission from the property owner for off -site locations. APPLICANT'S SIGNATURE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: DATE RECEIVED BY & DATE PLANS CHECKED BY APPROVED BY & DATE COPIED APPROVED ZONING M Mound Farmers' Market More Plot Map 2022 Shed Info Peg Craig & Jenni e Orono Police Department Crime Summary Report Cities: MOUND Date Range: 3/12022 12:00:01 AM - 3/312022 11:59:59 PM Crime Categ=CATEG�TA 260B.007 Juvenile Runaway Crime Category: Aggravated Assault. 609.222.1 Assault-2nd Degree -Dangerous Weapon 609.2247.2 Domestic Assault - By Strangulation (Crime Category: All Other Offenses 168A.30.2(2) Motor Vehicle Title - Fail to Mail/Deliver Certificate of Title to Dept.w! Timeframes Specified 2 22-112(a) Park Hours - 6am-10pm daily in park 1 Crime Category: Destruction/Damage/Vandalism of Property 609.595.3 Damage to Property-4th Deg -Intentional Damage -Other Circumstances Crime Category: Driving Under the Influence 1 169A.20.1(1) Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol 2 169A.20.1(5) Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours 1 169A.25.1(a) Traffic - DWI - Second -Degree Driving While Impaired; 2 or more Aggravating Factors 1 169A.26.1(a) Traffic - DWI - Third -Degree Driving While Impaired; 1 Aggravating Factor 1 Crime Category: Drug Equipment Violations 152.092(a) Drugs- Possession of Drug Paraphernalia- Use or Possession Prohibited 1 Crime Category: Drug 152.025.2(1) Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana 1 152.027.3 Drugs - Possess Over 1.4 Grams Marijuana In Motor Vehicle gory: = 609.52.2(a)(4) Theft -By Swindle Report Ran: 4/152022 10:09:25 AM Report: OR - FBR - Crime Summary Report Page 1 of 3 Crime Category: Identity Thef 1 609.527.2 Identity Theft-Transfers/Possesses/Uses Identity of Other Person 1 Crime Category: Intimidation (Assault) 1 609.224.1(1) Assault-5th Degree -Fear of Bodily Harm or Death 1 Crime Category: 1 609.255.2 False Imprisonment -Intentional Restraint 1 Crime Category: Non-Reportabl 134 168.09.4 Motor Vehicle Registration - Operate Vehicle With Expired Registration 1 169.19.2 Traffic regulations - U turn 1 169.693 Traffic - Motor Vehicle Noise Limits 1 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation 1 171.24.2 Traffic -Drivers License -Driving After Revocation 1 171.27.1(a) Expiration of Drivers License- Over 21 1 ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE 6 ADBKADMIN BACKGROUND 1 AL FAIL ALARM FALSE 2 ALFIRE ALARM FIRE 1 ANBARK ANIMAL DOG BARKING 1 ANCOMP ANIMAL COMPLAINT/OTHER 1 ASLI FT LIFT ASSIST 2 ASMOT ASSIST MOTORIST 1 ASPUB ASSIST PUBLIC 7 DISDOM DISTURB DOMESTIC 6 DISHAR DISTURB HARASSMENT 1 DISNEI DISTURB NEIGHBORHOOD 1 DISNOI DISTURB NOISE COMPLAINT 2 DISUNW DISTURB UNWANTED PERSON 2 FIREORD FIRE ORDINANCE VIOLATION 1 FOPR FOUND PROPERTY 4 JUVPROT JUV-CHILD PROTECTION 2 LOSTPR LOST PROPERTY 1 MED MEDICAL 32 MEDMH MEDICAL MENTAL HEALTH 6 MISCIV MISC PUBLIC CIVIL MATTER 9 MISFRA MISC OFCR FRAUD 2 Report Ran: 4/152022 10:09:25 AM Page 2 of 3 Report: OR - FBR - Crime Summary Report 902 MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER MISINFO MISC OFCR INFORMATION MISLOC MISC OFCR VEHICLE LOCKOUT MISPREDNO MISC PUBLIC PREDATORY OFFENDER NOTIFICATION MISUT MISC OFCR UNFOUNDED THEFT MISVAN MISC VANDALISM MISVUL MISC PUBLIC VULNERABLE ADULT MISWA MISC OFCR WARRANT ARREST MISWEL MISC OFCR WELFARE CHECK ORDWEA ORD WEAPONS ORD VIOLATION PERSOL PERMIT SOLICITOR SUSACT SUSPICIOUS ACTIVITY SUSPER SUSPICIOUS PERSON 2 10 2 1 1 1 1 4 9 1 1 1 3 609.344.1(b) Criminal Sexual Conduct - 3rd Degree - Penetration - Victim mentally impaired/physically helpless 1 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent 1 Crime Category: Weapon Law Violations 609.66.1d(a) Dangerous Weapons -Possess on School Property 1 Report Ran: 4/152022 10:09:25 AM Page 3 of 3 Report: OR - FBR - Crime Summary Report 903 Orono Police Department Activity Report - Public (If Juvenile involved, no address provided) Cities: MOUND Date Range: 3/1/2022 12:00:01 AM - 3/31/2022 11:59:59 PM Case: OR22001489 Reported: 3/1/2022 7:09:38 AM Address: 4WBEDFORD RD MOUND Offense: ASPUB ASSIST PUBLIC Case: OR22001494 Reported: 3/1/2022 9:23:55 AM Address: STYRONE LN MOUND Offense: MED MEDICAL Case: OR22001495 Reported: 3/1/2022 11:04:36 AM Address:�OLD SCHOOL RD MOUND Offense: 609.52.2(a)(4) Theft -By Swindle Case: OR22001500 Reported: 3/1/2022 12:50:00 PM Address: MOUND Offense: MISVUL MISC PUBLIC VULNERABLE ADULT Case: OR22001511 Reported: 3/1/2022 8:33:17 PM Address:= COMMERCE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR22001514 Reported: 3/2/2022 2:36:58 AM Address:M GUMWOOD RD MOUND Offense: MED MEDICAL Case: OR22001521 Reported: 3/2/2022 2:04:16 PM Address:s CANARY LN MOUND Offense: 609.527.2 Identity Theft-Transfers/Possesses/Uses Identity of Other Person Case: OR22001524 Reported: 3/2/2022 4:07:42 PM Address:10 COMMERCE BLVD MOUND Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Case: OR22001525 Reported: 3/2/2022 4:07:15 PM Address:IW BRYANT LN MOUND Offense: ASLIFT LIFT ASSIST Case: OR22001527 Reported: 3/2/2022 4:52:40 PM Address: M MAYWOOD RD MOUND Offense: MED MEDICAL Case: OR22001529 Reported: 3/2/2022 6:35:14 PM Address.11111111111111111111i GLENWOOD RD MOUND Offense: ALFAL ALARM FALSE Case: OR22001532 Reported: 3/2/2022 8:28:41 PM Address: HILLCREST RD MOUND Offense: FIREORD FIRE ORDINANCE VIOLATION Case: OR22001534 Reported: 3/3/2022 12:40:55 AM Address: PELICAN POINT CIR & TUXEDO BLVD MOUND Offense: 152.027.3 Drugs - Possess Over 1.4 Grams Marijuana In Motor Vehicle Offense: 152.092(a) Drugs - Possession of Drug Paraphernalia - Use or Possession Prohibited Offense: MISWA MISC OFCR WARRANT ARREST Case: OR22001538 Reported: 3/3/2022 9:52:08 AM Address: qlllllllllllllll�ABERDEEN RD MOUND Offense: MISINFO MISC OFCR INFORMATION Report Ran: 4/15/2022 10:10:47 AM 904 Page 1 of 9 Report: OR - FBR - Activity Report - Public g Case: OR22001540 Reported: 3/3/2022 11:26:11 AM Address: AWCOMMERCE BLVD MOUND Offense: ASMOT ASSIST MOTORIST Case: OR22001545 Reported: 3/2/2022 1:32:00 PM Address: DRURY LN MOUND Offense: MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER Case: OR22001556 Reported: 3/4/2022 3:13:28 PM Address: COMMERCE BLVD MOUND Offense: MED MEDICAL Case: OR22001557 Reported: 3/4/2022 3:40:09 PM Address: COMMERCE BLVD MOUND Offense: MED MEDICAL Case: OR22001567 Reported: 3/4/2022 9:44:07 PM Address:'SHANNON LN MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR22001575 Reported: 3/5/2022 12:54:40 AM Address: RIDGEWOOD RD & PRIEST LN MOUND Offense: SUSPER SUSPICIOUS PERSON Case: OR22001576 Reported: 3/5/2022 1:00:32 AM Address: fM GULL LN MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR22001577 Reported: 3/5/2022 3:11:59 AM Address: 4WSHORELINE DR MOUND Offense: ASPUB ASSIST PUBLIC Case: OR22001578 Reported: 3/5/2022 2:19:22 AM Address: COMMERCE BLVD MOUND Offense: 168.09.4 Motor Vehicle Registration - Operate Vehicle With Expired Registration Offense: 168A.30.2(2) Motor Vehicle Title - Fail to Mail/Deliver Certificate of Title to Dept.w/i Timeframes Specified Offense: 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation Offense: 171.27.1(a) Expiration of Drivers License - Over 21 Case: OR22001607 Reported: 3/6/2022 9:34:15 AM Address: WOODLAND RD & GULL LN MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR22001608 Reported: 3/6/2022 9:49:12 AM Address:: BASSWOOD LN MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR22001613 Reported: 3/6/2022 4:27:01 PM Address: SHORELINE DR & CYPRESS LN MOUND Offense: MISWA MISC OFCR WARRANT ARREST Case: OR22001615 Reported: 3/6/2022 5:19:21 PM Address4jW EDGEWATER DR MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR22001616 Reported: 3/6/2022 6:39:47 PM Address: M COMMERCE BLVD MOUND Offense: 609.595.3 Damage to Property-4th Deg -Intentional Damage -Other Circumstances Case: OR22001619 Reported: 3/6/2022 6:49:58 PM Address: M LONGFELLOW LN MOUND Offense: MED MEDICAL Case: OR22001622 Reported: 3/6/2022 9:33:46 PM Address: S BALSAM RD MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR22001625 Reported: 3/6/2022 11:35:02 PM Address: OWBALSAM RD MOUND Offense: DISDOM DISTURB DOMESTIC Report Ran: 4/15/2022 10:10:47 AM 905 Page 2 of 9 Report: OR - FBR - Activity Report - Public Case: OR22001626 Reported: 3/7/2022 5:06:25 AM Address: a SHORELINE DR MOUND Offense: MED MEDICAL Case: OR22001627 Reported: 3/7/2022 6:18:59 AM Address:4W WOODRIDGE RD MOUND Offense: MED MEDICAL Case: OR22001630 Reported: 3/7/2022 8:04:23 AM AddressIM ASHLAND LN MOUND Offense: 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent Case: OR22001637 Reported: 3/7/2022 12:19:42 PM Address: IM COMMERCE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR22001645 Reported: 3/7/2022 4:35:11 PM Address: TUXEDO BLVD & WILSHIRE BLVD MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR22001656 Reported: 3/8/2022 12:07:47 AM Address: THREE POINTS BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR22001660 Reported: 3/8/2022 3:35:11 AM Address: 4WWILSHIRE BLVD MOUND Offense: 152.025.2(1) Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana Offense: 609.224.1(1) Assault-5th Degree -Fear of Bodily Harm or Death Offense: 609.255.2 False Imprisonment -Intentional Restraint Case: OR22001667 Reported: 3/8/2022 2:58:14 PM Address:40 COMMERCE BLVD MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR22001671 Reported: 3/8/2022 7:55:19 PM Address: 4M GRANDVIEW BLVD MOUND Offense: 609.222.1 Assault-2nd Degree -Dangerous Weapon Offense: 609.2247.2 Domestic Assault - By Strangulation Case: OR22001679 Reported: 3/9/2022 6:48:43 AM Address: 4�CUMBERLAND RD MOUND Offense: MED MEDICAL Case: OR22001680 Reported: 3/9/2022 7:00:45 AM Address: THREE POINTS BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22001681 Reported: 3/9/2022 8:46:00 AM Address:ABERDEEN RD MOUND Offense: MISFRA MISC OFCR FRAUD Case: OR22001683 Reported: 3/9/2022 9:32:43 AM Address: EDGEWATER DR MOUND Offense: ASPUB ASSIST PUBLIC Case: OR22001685 Reported: 3/9/2022 10:45:17 AM Address: COMMERCE BLVD MOUND Offense: DISUNW DISTURB UNWANTED PERSON Case: OR22001687 Reported: 3/9/2022 1:33:12 PM Address: COMMERCE BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22001688 Reported: 3/9/2022 2:17:42 PM Address:J= COMMERCE BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR22001692 Reported: 3/9/2022 10:36:37 PM Address: AUDITORS RD & COMMERCE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Report Ran: 4/15/2022 10:10:47 AM 906 Report: OR - FBR - Activity Report - Public Page 3 of 9 Case: OR22001700 Reported: 3/10/2022 10:26:00 AM Address: Offense: JUVPROT JUV-CHILD PROTECTION Case: OR22001721 Reported: 3/11/2022 11:10:50 AM Address: 4W WILSHIRE BLVD Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22001722 Reported: 3/11/2022 2:01:22 PM Address:fW COMMERCE BLVD Offense: MED MEDICAL Case: OR22001731 Reported: 3/11/2022 6:49:44 PM Address: 4M COMMERCE BLVD Offense: MED MEDICAL Case: OR22001733 Reported: 3/11/2022 7:12:07 PM Address:'SUMACH LN Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22001738 Reported: 3/12/2022 7:24:53 AM Address:4M COMMERCE BLVD Offense: MED MEDICAL Case: OR22001742 Reported: 3/12/2022 12:25:25 PM Address:4M COMMERCE BLVD Offense: ALFIRE ALARM FIRE Case: OR22001747 Reported: 3/12/2022 1:36:56 PM AddressAM IDLEWOOD RD Offense: MISINFO MISC OFCR INFORMATION Case: OR22001764 Reported: 3/13/2022 1:08:20 AM Address:4M BRIGHTON BLVD Offense: 168A.30.2(2) Motor Vehicle Title - Fail to Mail/Deliver Certificate of Title to Dept.w/i Timeframes Specified Offense: 169.693 Traffic - Motor Vehicle Noise Limits Offense: 169A.20.1(1) Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol Offense: 169A.20.1(5) Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours Offense: 169A.25.1(a) Traffic - DWI - Second -Degree Driving While Impaired; 2 or more Aggravating Factors Offense: 22-112(a) Park Hours - 6am-10pm daily in park Case: OR22001770 Reported: 3/1312022 11:30:58 AM AddressAW SHORELINE DR Offense: MED MEDICAL Case: OR22001786 Reported: 3/13/2022 8:13:40 PM Address: lWILSHIRE BLVD Offense: MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER Case: OR22001790 Reported: 3/14/2022 2:11:09 AM Address: WILSHIRE BLVD & EMERALD DR Offense: SUSPER SUSPICIOUS PERSON Case: OR22001797 Reported: 3/10/2022 1:29:00 PM Address: Offense: 609.344.1(b) Criminal Sexual Conduct - 3rd Degree - Penetration - Victim mentally impaired/physically helpless Case: OR22001806 Reported: 3/14/2022 2:26:23 PM Address:: DEERWOOD DR Offense: MISINFO MISC OFCR INFORMATION Case: OR22001826 Reported: 3/15/2022 7:37:33 AM Address:' WILSHIRE BLVD Offense: MED MEDICAL Case: OR22001835 Reported: 3/15/2022 2:01:22 PM Address: HIDDENVALE LN & EDEN RD Offense: MED MEDICAL Report Ran: 4/15/2022 10:10:47 AM 907 Report: OR - FBR - Activity Report - Public MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND Page 4 of 9 Case: OR22001857 Reported: 3/16/2022 2:03:45 AM Address: fft COMMERCE BLVD MOUND Offense: MED MEDICAL Case: OR22001867 Reported: 3/16/2022 10:46:24 AM Address: GRANDVIEW BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR22001872 Reported: 3/16/2022 1:54:54 PM Address: WILSHIRE BLVD MOUND Offense: PERSOL PERMIT SOLICITOR Case: OR22001873 Reported: 3/16/2022 10:35:36 AM Address:�HILLCREST RD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR22001874 Reported: 3/16/2022 3:30:52 PM Address:r SHERWOOD DR MOUND Offense: MED MEDICAL Case: OR22001876 Reported: 3/16/2022 5:41:10 PM Address:4W WOODRIDGE RD MOUND Offense: MED MEDICAL Case: OR22001882 Reported: 3/16/2022 10:55:26 PM Address: 4M GULL LN MOUND Offense: 169A.26.1(a) Traffic - DWI - Third -Degree Driving While Impaired; 1 Aggravating Factor Offense: 171.24.2 Traffic -Drivers License -Driving After Revocation Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR22001889 Reported: 3/17/2022 9:44:59 AM Address: dWBARTLETT BLVD MOUND Offense: SUSPER SUSPICIOUS PERSON Case: OR22001892 Reported: 3/17/2022 11:44:27 AM Address:SM COMMERCE BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR22001893 Reported: 3/17/2022 1:59:19 PM Address:611111110 PIPER RD MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR22001897 Reported: 3/17/2022 6:13:38 PM Address:1llllllllllllllllbHANOVER RD MOUND Offense: ASPUB ASSIST PUBLIC Case: OR22001898 Reported: 3/17/2022 6:42:09 PM Address:IM HANOVER RD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR22001902 Reported: 3/18/2022 2:18:23 AM Address: AMPLYMOUTH RD MOUND Offense: MED MEDICAL Case: OR22001903 Reported: 3/18/2022 3:37:40 AM Address: � WILSHIRE BLVD MOUND Offense: DISNOI DISTURB NOISE COMPLAINT Case: OR22001907 Reported: 3/18/2022 1:18:49 PM Address:IM GRANDVIEW BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22001909 Reported: 3/18/2022 1:51:40 PM Address:111111111111110 EMERALD DR MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR22001920 Reported: 3/18/2022 7:20:24 PM Address: M COMMERCE BLVD MOUND Offense: MISUT MISC OFCR UNFOUNDED THEFT Report Ran: 4/15/2022 10:10:47 AM 908 Report: OR - FBR - Activity Report - Public Page 5 of 9 Case: OR22001921 Reported: 3/18/20229:33:09 PM Address::WILSHIRE BLVD MOUND Offense: MED MEDICAL Case: OR22001925 Reported: 3/19/2022 11:40:32 AM Address' CHATEAU LN MOUND Offense: ORDWEA ORD WEAPONS ORD VIOLATION Case: OR22001930 Reported: 3/19/2022 8:37:00 PM Address:MBASSWOOD LN MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR22001934 Reported: 3/20/2022 8:26:05 AM Address: 61110M MAYWOOD RD MOUND Offense: FOPR FOUND PROPERTY Case: OR22001939 Reported: 3/20/2022 6:11:39 PM Address: IMCOMMERCE BLVD MOUND Offense: MISWA MISC OFCR WARRANT ARREST Case: OR22001952 Reported: 3/20/2022 9:31:39 PM Address:JWBASSWOOD LN MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR22001966 Reported: 3/21/2022 6:31:53 AM Address:! HALSTEAD LN MOUND Offense: MED MEDICAL Case: OR22001967 Reported: 3/21/2022 8:10:49 AM Address: qIIIIIIIIIIIIIIIII BRYANT LN MOUND Offense: MED MEDICAL Case: OR22001972 Reported: 3/21/2022 10:54:17 AM Address::FINCH LN MOUND Offense: 260B.007 Juvenile Runaway Case: OR22001975 Reported: 3/21/2022 3:36:26 PM Address:=SHANNON LN MOUND Offense: ANBARK ANIMAL DOG BARKING Case: OR22001981 Reported: 3/21/2022 6:49:26 PM AddressAIIIIIIII&SUNSET RD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22001992 Reported: 3/21/2022 11:16:32 PM Address: 4�BARTLETT BLVD MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR22001995 Reported: 3/22/2022 9:20:40 AM Address: MOUND Offense: 169.19.2 Traffic regulations - U turn Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR22001998 Reported: 3/18/2022 2:00:00 PM Address: MOUND Offense: 609.66.1d(a) Dangerous Weapons -Possess on School Property Case: OR22001999 Reported: 3/22/2022 12:19:46 PM Address: 41WBARTLETT BLVD MOUND Offense: ASPUB ASSIST PUBLIC Case: OR22002005 Reported: 3/22/2022 2:58:11 PM Address: lHALSTEAD LN MOUND Offense: MED MEDICAL Case: OR22002021 Reported: 3/23/2022 2:11:35 AM Address:VWOLD SCHOOL RD MOUND Offense: ANCOMP ANIMAL COMPLAINT/OTHER Case: OR22002031 Reported: 3/23/2022 3:24:47 PM Address: COMMERCE BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Report Ran: 4/15/2022 10:10:47 AM 909 Page 6 of 9 Report: OR - FBR - Activity Report - Public Case: OR22002032 Reported: 3/23/2022 4:06:03 PM Address: +♦ CENTERVIEW LN MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22002039 Reported: 3/24/2022 9:14:27 AM Address:IM DUNDEE LN MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR22002045 Reported: 3/24/2022 2:22:46 PM Address: FAIRVIEW LN & SHORELINE DR MOUND Offense: MED MEDICAL Case: OR22002049 Reported: 3/24/20224:08:07 PM Address: 'WILSHIRE BLVD MOUND Offense: ADBK ADMIN BACKGROUND Case: OR22002058 Reported: 3/24/2022 8:02:31 PM Address:lHAWTHORNE RD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR22002059 Reported: 3/24/2022 8:19:25 PM Address: IM CYPRESS LN MOUND Offense: DISHAR DISTURB HARASSMENT Case: OR22002060 Reported: 3/24/2022 9:14:51 PM Address: SWILSHIRE BLVD MOUND Offense: MED MEDICAL Case: OR22002061 Reported: 3/24/2022 9:28:39 PM Address:' CYPRESS LN MOUND Offense: ASPUB ASSIST PUBLIC Case: OR22002062 Reported: 3/24/2022 11:07:30 PM Address: JJW EADOW LN MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR22002065 Reported: 3/25/2022 7:56:09 AM Address}1M RIDGEWOOD RD MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR22002077 Reported: 3/25/2022 4:45:35 PM Address'JMDEVON LN MOUND Offense: FOPR FOUND PROPERTY Case: OR22002080 Reported: 3/26/2022 12:34:16 AM Address:ww SHORELINE DR MOUND Offense: DISUNW DISTURB UNWANTED PERSON Case: OR22002088 Reported: 3/26/2022 7:40:18 AM Address:l BASSWOOD LN MOUND Offense: DISNOI DISTURB NOISE COMPLAINT Case: OR22002093 Reported: 3/26/2022 1:47:18 PM Address:s FINCH LN MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR22002103 Reported: 3/26/2022 6:34:09 PM Address: IM WILDHURST LN MOUND Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Case: OR22002116 Reported: 3/27/2022 6:43:21 AM Address: SHORELINE DR & CHATEAU LN MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR22002117 Reported: 3/27/2022 9:04:50 AM Address:IM BLUFFS DR MOUND Offense: 609.527.2 Identity Theft-Transfers/Possesses/Uses Identity of Other Person Offense: 609.821.2(1) Financial Transaction Card Fraud -Use -No Consent Case! OR22002123 Reported: 3/27/2022 5:21:21 PM Address: �ABERDEEN RD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Report Ran: 4/15/2022 10:10:47 AM 910 Report: OR - FBR - Activity Report - Public Page 7 of 9 Case: OR22002124 Reported: 3/27/2022 2:41:00 PM Address: IM BARTLETT BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR22002131 Reported: 3/28/2022 7:51:19 AM Address:IM WESTEDGE BLVD MOUND Offense: FOPR FOUND PROPERTY Case: OR22002133 Reported: 3/28/2022 8:06:09 AM Address:= COMMERCE BLVD MOUND Offense: FOPR FOUND PROPERTY Case: OR22002135 Reported: 3/28/2022 8:59:00 AM Address: MOUND Offense: JUVPROT JUV-CHILD PROTECTION Case: OR22002139 Reported: 3/28/2022 10:57:35 AM Address: SHORELINE DR & LYNWOOD BLVD MOUND Offense: MISWA MISC OFCR WARRANT ARREST Case: OR22002147 Reported: 3/28/2022 3:17:02 PM Address:: ISLAND VIEW DR MOUND Offense: MED MEDICAL Case: OR22002157 Reported: 3/28/2022 8:35:28 PM Address: S COMMERCE BLVD MOUND Offense: ALFAL ALARM FALSE Case: OR22002173 Reported: 3/29/2022 11:58:37 AM Address:ab RADNOR RD MOUND Offense: MISFRA MISC OFCR FRAUD Case: OR22002177 Reported: 3/29/2022 1:07:14 PM Address: qM MONMOUTH RD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR22002181 Reported: 3/29/2022 2:17:42 PM Address: BEACHWOOD RD MOUND Offense: 169A.20.1(1) Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol Case: OR22002187 Reported: 3/29/2022 5:37:28 PM Address: � OVERLAND LN MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR22002197 Reported: 3/29/2022 10:05:56 PM Address: _ BASSWOOD LN MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR22002201 Reported: 3/23/2022 5:54:00 PM Address: Ift COMMERCE BLVD MOUND Offense: LOSTPR LOST PROPERTY Case: OR22002203 Reported: 3/30/2022 9:14:14 AM AddressAMOCHESTNUT RD MOUND Offense: MED MEDICAL Case: OR22002212 Reported: 3/30/2022 3:55:05 PM Address: MOUND Offense: MISPREDNO MISC PUBLIC PREDATORY OFFENDER NOTIFICATION Case: OR22002217 Reported: 3/30/2022 8:48:25 PM Address: OMWILSHIRE BLVD MOUND Offense: MISVAN MISC VANDALISM Case: OR22002218 Reported: 3/31/2022 1:30:22 AM Address:lCOMMERCE BLVD MOUND Offense: MED MEDICAL Case: OR22002219 Reported: 3/31/2022 4:47:18 AM Address:MBRYANT LN MOUND Offense: ASLIFT LIFT ASSIST Report Ran: 4/15/2022 10:10:47 AM 911 Report: OR - FBR - Activity Report - Public Page 8 of 9 Case: OR22002220 Reported: 3/31/2022 5:54:37 AM Address:lCOMMERCE BLVD Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR22002222 Reported: 3/31/2022 10:58:36 AM Address:" GORDON RD Offense: MED MEDICAL Case: OR22002223 Reported: 3/31/2022 11:13:33 AM Address*111111111111111111 COMMERCE BLVD Offense: MED MEDICAL Case: OR22002224 Reported: 3/31/2022 12:37:28 PM Address:4lllllllllllIl IDLEWOOD RD Offense: ASPUB ASSIST PUBLIC Case: OR22002226 Reported: 3/31/2022 4:26:18 PM Address:WEDGEWATER DR Offense: MED MEDICAL Case: OR22002229 Reported: 3/31/2022 7:29:24 PM Address: SOLD SCHOOL RD Offense: MED MEDICAL MOUND MOUND MOUND MOUND MOUND Total Cases: 141 Report Ran: 4/15/2022 10:10:47 AM 912 Report: OR - FBR - Activity Report - Public Page 9 of 9 EXECUTIVE SUMMARY TO: Honorable Mayor and City Council FROM: Rita Trapp, Consulting Planner Sarah Smith, Community Development Director DATE: April 21, 2022 SUBJECT: Northland Mound (Case No. 21-18) Action on revised development applications, including Major SubdivisionPreliminaryPlat; Conditional Use Permit (CUP) for Planned Unit Development in the Shoreland Area to construct an 83-unit market rate, multi family apartment project; and street vacation of a previously platted, but never constructed street. Also, action on a public lands permit to allowfor improvement of City owned property immediately east of the site and consistency determination for sale of City property APPLICANT: Brian Farrell, Northland Real Estate Group OWNER: Arthur and Patricia Meisel LOCATION: Property southwest of Commerce Boulevard and Dakota Rail Regional Trail — involves parcels part of"KennedVs Subdivision of Lot 56, Lynwold Park, Lake Minnetonka" plat MEETING DATE: April 26, 2022 COMPREHENSIVE PLAN: Mixed Use —Downtown Lakes Mixed Use District ZONING: Mixed Use Downtown (MU -D) Council members are requested to bring their February S'^ and April 12t^ City Council packets to the meeting. Alternately, members may individually contact Staff and request an electronic copy of the report and support materials related to this request beforwarded by email. As directed by the City Council at its April 12, 2022 meeting, the City Attorney and Staff have prepared the attached resolutions approving the revised development applications from Northland Real Estate Group to allow for the construction of an 83-unit market rate, multi- family building to be located southwest of the intersection of Commerce Boulevard and the Dakota Rail Regional Trail. 913 Recommendation Given City Council direction at its April 12, 2022 meeting, Staff recommends that the attached resolutions be approved. A supplemental memorandum from City Attorney dated April 21, 2022 is attached. C Kennet ave CHARTERED Troy J. Gilchrist 150 South Fifth Street Suite 700 Minneapolis MN 55402 (612) 337-9214 telephone (612) 337-9310 fax tgilchris at kcmcdy-graven.com htto://w .kemedv-graven.com MEMORANDUM To: Mound City Council From: Troy Gilchrist, City Attorney Date: April 21, 2022 Re: Dock Easement — Northland Development I am writing to address a question raised regarding the potential impact of an easement that is recorded over Lot 18 in the original plat of Kennedy's Subdivision of Lot 56 Lynwold Park. The certificate of title for Lot 18 indicates the property is "Subject to a private easement over Lot 18 for boat docking purposes as set forth in Book 669 of Deeds, page 10, in favor of owners and occupants of the lots in "Lynwold Park", Lake Minnetonka and in "Kennedy Subdivision of Lot 56, Lynwold Park", Lake Minnetonka, which have been granted said easement." There are essentially two questions associated with the existence of the easement: (1) does it interfere with the City's sale of the property; and (2) does it prohibit the City from granting the requested approvals for the proposed Northland development. In short, the answer to both is no. The easement is noted on the certificate of title for the property and was expressly cited in the title commitment the buyer obtained. The buyer has not expressed any concern regarding the easement or attempted to assert it causes a title problem that would interfere with the sale. Therefore, the sale can proceed upon the City Council's approval and in accordance with the terms of the purchase agreement. As to the second point, an easement does not require the owner to hold the property for the exclusive use identified in the easement. This easement would likely be construed as conveying a nonexclusive right to the owners of the benefited properties to maintain a boat dock on Lot 18. The fee owner may not interfere with the rights granted in the easement, but neither can the benefited owners interfere with the property owner's use of Lot 18. In this case, no portion of the proposed apartment building is located on Lot 18. Therefore, the City Council may grant the requested approvals without interfering with the easement. The parties may disagree on issues such as whether the easement still exists or its scope, but those are private property disputes that need to be resolved among the owners. MU220-5-793142.vl 915 RESOLUTION NO. 22- RESOLUTION APPROVING THE REQUESTED STREET VACATIONS RELATED TO DEVELOPMENT OF THE PLAT OF NORTHLAND MOUND PLANNING CASE NO. 21-18 WHEREAS, Northland Real Estate Group ("Petitioner") submitted a petition to vacate previously platted, but never constructed, rights -of -way as shown and described in the attached Exhibit A; and WHEREAS, the subject site is generally located southwest of Commerce Boulevard and Dakota Rail Regional Trail and involves parcels which are part of Kennedy's Subdivision of Lot 56, Lynwold Park, Lake Minnetonka; and WHEREAS, the requested vacations are proposed to facilitate the platting and development of a plat to be named Northland Mound ("Project"); and WHEREAS, the rights -of -way proposed for vacation have not been built as City streets and have not otherwise been used for the purposes set forth in the original dedication; and WHEREAS, details regarding the requested vacations are contained in the Executive Summary Report for the February 8, 2022 City Council meeting and minutes, the Executive Summary Report for the April 12, 2022 City Council meeting and minutes, the Planning Report for the January 4, 2022 Planning Commission meeting and minutes, the Planning Report for the February 1, 2022 Planning Commission meeting and minutes, and the submitted application and supporting materials from the applicant, all of which are incorporated herein by reference; and WHEREAS, Staff recommended approval of the requested vacations; and WHEREAS, the Planning Commission reviewed the requested vacations at its January 4, 2022 and February 1, 2022 meetings and recommended the City Council approve the vacation request; and WHEREAS, the City Council, after providing notice in accordance with Minnesota Statutes, section 412.851, held a public hearing on February 8, 2022 to hear the request and to receive public input on the proposed right-of-way vacations; and WHEREAS, the City processed the vacation petition together with a number of other requests related to the Project and, because City Council raised concerns associated with the Project separate from the proposed vacations, all of the requests were tabled and were taken back up at the City Council's April 12, 2022 meeting; and I'm WHEREAS, the City Council adopted a motion at its April 12, 2022 meeting directing staff to prepare resolutions approving the Petitioner's requests for the Project, including the proposed vacation, for review and final action at its April 26, 2022 meeting; and WHEREAS, the City Council hereby finds and determines as follows: (a) The rights -of -way proposed for vacation were dedicated to the City and the City Council has the authority under Minnesota Statutes, section 412.851 to vacate them; (b) The requested vacation was initiated by petition submitted by the Petitioner, which is proposing to develop the property encompassing the rights -of -way as part of the Project, and so a majority vote of the City Council is required to approve the vacation; (c) The City provided the proper notice, including notice of the Minnesota Department of Natural Resources ("DNR"), and conducted a public hearing on the proposed vacation as required by the statute; (d) The DNR sent a letter to the City indicating it is not in favor of the proposed vacation because it "does not clearly state how the vacation is to be public benefit"; (e) The rights -of -way proposed for vacation, as dedicated, are separated from Lake Langdon by one of the platted lots. As such, the rights -of -way were not dedicated to provide access to the lake and so references to the loss of public access the lake are not well founded; (f) The City Council is charged with the duty to determine the public interest in rights -of -way dedicated by plat; and (g) The City Council determines the rights -of -way are not needed for the purposes for which they were dedicated and that it is in the public interest to vacate these undeveloped and unused rights -of -way to promote development of the surrounding property. NOW, THEREFORE, BE IT RESOLVED, by the City Council, based on the staff reports, the record of this matter, and the findings and determinations contained herein, as follows: The requested vacation of the rights -of -way as shown on the attached Exhibit A are hereby approved, conditioned on the contemporaneous approval of the zoning, subdivision and related approvals needed for the Project. 917 2. The City Clerk is authorized and directed to prepare a notice of the completion regarding the approved vacation and, upon satisfaction of the condition noted above, to present it to the Hennepin County Auditor for entry in the transfer of records and then to record it in the office of the Hennepin County Recorder. 3. Staff are authorized and directed to work with the City Attorney as needed to complete this process and to take such other actions as may be needed to carry out the intent of this Resolution. Adopted by the City Council this 26th of April, 2022. Attest: Kevin Kelly, Clerk Mayor Raymond J. Salazar C 3 EXHIBIT A Rights -of -Way Being Vacated (- to be inserted -) Is RESOLUTION NO. 22- RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR NORTHLAND MOUND PLANNING CASE NO. 21-18 WHEREAS, Northland Real Estate Group ("Applicant") submitted an application for preliminary approval of a major subdivision to plat the property described in the attached Exhibit A ("Property") as Northland Mound ("Plat"); and WHEREAS, the Property is generally located southwest of Commerce Boulevard and the Dakota Rail Regional Trail and involves parcels which are part of Kennedy's Subdivision of Lot 56 and Lynwold Park, Lake Minnetonka; and WHEREAS, the Applicant is proposing to develop a single structure with a total of 83 dwelling units ("Project"), which requires several City approvals in addition to requested preliminary plat approval, all of which are addressed in separate resolutions; and WHEREAS, the Property is guided by the 2040 Comprehensive Plan for mixed use as part of the Downtown Lakes Mixed Use Area; and WHEREAS, the Property is zoned Mixed Use - Downtown; and WHEREAS, Staff recommended the Planning Commission recommend approval of the requested preliminary plat approval for the Plat, with certain conditions; and WHEREAS, the Planning Commission held a public hearing on January 4, 2022 to receive public testimony on the proposed Plat, after which the Planning Commission requested additional information from the Applicant and continued its consideration of the request until its February 1, 2022 meeting; and WHEREAS, after further consideration at the February 1, 2022 meeting, the Planning Commission recommended the City Council grant preliminary approval of the Plat with certain conditions; and WHEREAS, the City Council conducted another public hearing regarding the proposed Plat at its February 8, 2022 meeting and, after closing the public hearing, the City Council tabled consideration of the application to allow the Applicant to address the concerns it expressed regarding the density of the proposed Project on the Property and the adequacy of its accesses; and WHEREAS, the Applicant extended the timeline for the City's review of the preliminary plat request for the Project to May 30, 2022; and C WHEREAS, on March 30, 2022, the Applicant submitted revised plans for the Project in response to the information requested by the City Council; and WHEREAS, the City posted the updated plans provided by the Applicant on its website and distributed notice that the City Council would consider them at its April 12, 2022 meeting; and WHEREAS, the City Council considered the revised plans at its April 12, 2022 meeting and allowed for additional public comment as part of its consideration; and WHEREAS, the City Council adopted a motion at its April 12, 2022 meeting directing staff to prepare resolutions approving the Applicant's requests for review and final action at its April 26, 2022 meeting; and WHEREAS, the City Council hereby finds and determines as follows regarding the proposed Plat: (a) The proposed Plat constitutes a major subdivision under Section 121-35 of the City Code; (b) The Applicant worked through the preapplication procedural requirements with the City as required by Section 121-36 of the City Code; (c) The Applicant submitted the current request for preliminary plat approval for the Plat, and the City processed it, in accordance with Section 121-61 of the City Code; (d) City staff submitted as part of the public record several reports and provided multiple presentations on the proposed Plat as City processed the requested preliminary plat approval, all of which are incorporated herein by reference; (e) The City processed and heard the several requests required for approval of the proposed Project, including this preliminary plat approval, concurrently; (f) A number of the residents who spoke during the several hours of public testimony expressed concerns regarding the Project and the City Council ultimately continued its consideration of the matter to provide the Applicant an opportunity to revise the plans to address the concerns. Those concerns and the continuance did not relate directly the proposed Plat, but were directed at the proposed Project. The City Council addresses those issues in its resolution acting on the requested conditional use permit for a planned unit development which speaks directly to the proposed Project; 921 (g) The City Council has considered the factors identified in Section 121-61(g) and finds as follows: (1) The City's comprehensive plan guides the Property as Downtown Lakes Mixed Use Area and the proposed Plat is consistent with that designation; (2) The design of the Plat is fairly straight forward as it supports the construction of a single structure and is consistent with the City's requirements and policies; (3) The physical characteristics of the Property are sufficient to support the proposed Plat and the proper management of stormwater, though the Applicant is aware of the additional construction elements required to develop the Project given its proximity to the lake; (4) Some of the residents objecting to the Project raised environmental concerns regarding the proposed Project, but the objections were based on unsupported speculation. The City has previously approved subdivisions along the lakeshore and finds no basis to suggest the proposed Plat will have any greater impact on the environment than the other developments. Furthermore, there is no basis to suggest the Plat may have a potential to cause significant environmental effects; (5) The Applicant requested the vacation of some platted rights -of -way that will be addressed by the City Council in a separate resolution. The Applicant is aware of an easement for dock purposes over an undefined area of a portion of the Property. The City Council determines the proposed Plat will not interfere with the easement and the Project is not being constructed on the portion of the Property that is subject to the easement; (6) Traffic generated by the proposed Project was the subject of discussion, but the primary focus was on the adequacy of the access points to the Property. Part of the City Council continuing its consideration of the requested approvals was to allow the Applicant time to address concerns regarding parking and the accesses to the Property. The City Council finds the proposed improvements to the access points, removing any proposed improvements outside of the easement areas that are not supported by the fee owner, are sufficient to address the concerns over access. There is no basis to believe the traffic generated by the Plat will be disruptive to the area of the City's infrastructure; and 3 922 (7) The City Council does not identify any other aspects of the proposed Plat that will create public health, safety or welfare concerns. To the extent the City does have any specific concerns regarding the impacts from the Plat or the Project, they are adequately addressed in the conditions placed on the City's approvals; (h) The City Council has studied the practicality of the request, taking into consideration the present and future development of the property and the requirements of the Zoning, Subdivision Ordinances, and other official controls; and (i) The City Council determines the proposed Plat satisfies the requirements of the City Code and, consistent with the Planning Commission's recommendation, should be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, based on the staff reports, the updated submittals, the record of this matter, and the findings and determinations contained herein, does hereby grant preliminary approval of the Plat as proposed by the Applicant, subject to compliance with all of the following conditions: 1. The Plat shall incorporate all properties proposed to be part of the development. 2. 10-foot drainage and utility easements shall be established around the perimeter of the Property. 3. This approval shall only be valid upon the concurrent approvals of the requested conditional use permit, public lands permit, and vacation of rights -of -way. 4. The Applicant shall prepare and submit to the City a final plat for approval within one year of this preliminary approval which meets the following: (a) The final plat must consistent with this preliminary approval, the preliminary plat, the City Code, and state law; (b) The Applicant satisfactorily completes any and all requirements after review of the final plat; and (c) The final plat shall include all easements as required by the City. 5. The Applicant shall enter into a development agreement with the City, in a form acceptable to the City, that shall be prepared as part of the final plat process and must be executed before the final plat may be recorded. Is 923 6. Applicant shall be responsible for reimbursing the City for all costs it incurs associated with processing and acting on the preliminary plat application, drafting and entering into the development agreement, and acting on the final plat. 7. The Applicant shall be responsible for recording the resolutions(s) with Hennepin County. Applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. 8. Applicant shall be responsible for procurement of any and/or all local or public agency permits including, but not limited to, the submittal of all required information for building permit issuance. 9. The MCES SAC charge for the Project shall be determined as part of the final plat which shall be the responsibility of the Applicant. 10. Sewer and watermain area trunk charges for the Project shall be determined as part of the final plat. The current trunk charge for sewer and water, per unit, is $2,000.00 each. 11. Sewer connection and water connection fees shall be determined as part of the final plat. The 2022 sewer connection and water connection fees are $240.00 each. 12. The park dedication fee amount shall be determined as part of the final plat as provided by Section 121-121 of the City Code and shall be paid before the final plat is released for recording. Adopted by the City Council this 26th of April 2022. Attest: Kevin Kelly, Clerk Mayor Raymond J. Salazar 5 EXHIBIT A Property Description ( - to be inserted - ) 925 RESOLUTION NO. 22- RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT IN A SHORELAND AREA FOR NORTHLAND REAL ESTATE GROUP PLANNING CASE NO. 21-18 WHEREAS, Northland Real Estate Group ("Applicant") submitted an application for a Conditional Use Permit ("CUP") to allow for a planned unit development ("PUD") in a shoreland area as part of the plat of Northland Mound ("Plat") proposed for the property described in the attached Exhibit A ("Property"); and WHEREAS, the Property is generally located southwest of Commerce Boulevard and Dakota Rail Regional Trail and involves parcels which are part of Kennedy's Subdivision of Lot 56, Lynwold Park, Lake Minnetonka; and WHEREAS, the Applicant is proposing to develop 83-market rate, multi -family units within a single structure, including one floor of enclosed parking ("Project"), which requires several City approvals in addition to requested CUP for a PUD approval, all of which are addressed in separate resolutions; and WHEREAS, the Property has been guided by the Comprehensive Plan for mixed use as the Downtown Lakes Mixed Use Area; and WHEREAS, the proposed Project is allowed in the Mixed Use — Downtown District upon the issuance of a CUP for approval of a PUD; and WHEREAS, details regarding the requested CUP are contained in the Executive Summary Report for the February 8, 2022 City Council meeting and minutes, the Executive Summary Report for the April 12, 2022 City Council meeting and minutes, the Planning Report for the January 4, 2022 Planning Commission meeting and minutes, the Planning Report for the February 1, 2022 Planning Commission meeting and minutes, and the submitted application and supporting materials from the applicant, all of which are incorporated herein by reference; and WHEREAS, Staff recommended approval of the CUP to allow the Project as part of a shoreland PUD subject to certain conditions; and WHEREAS, the Planning Commission conducted a public hearing, after due notice was provided, and reviewed the CUP application at its January 4, 2022 and February 1, 2022 meetings, and acted to recommend the City Council approve the requested CUP for a PUD with certain conditions; and C . WHEREAS, the City Council conducted another public hearing, after due notice being provided, on the requested CUP at its February 8, 2022 meeting; and WHEREAS, after closing the public hearing, the City Council tabled consideration of the application, requesting the Applicant to evaluate whether the Project could have fewer units and to communicate with the adjacent property owners to address concerns about traffic and circulation at the access points; and WHEREAS, the Applicant extended the timeline for the City's review of the requested CUP for the Project to May 30, 2022; and WHEREAS, on March 30, 2022, the Applicant submitted revised plans for the Project in response to the information requested by the City Council; and WHEREAS, the City posted the updated plans provided by the Applicant on its website and distributed notice that the City Council would consider them at its April 12, 2022 meeting; and WHEREAS, the City Council considered the revised plans at its April 12, 2022 meeting and allowed for additional public comment as part of its consideration; and WHEREAS, the City Council adopted a motion at its April 12, 2022 meeting directing staff to prepare resolutions approving the Applicant's requests for review and final action at its April 26, 2022 meeting; and WHEREAS, the City Council hereby finds and determines as follows regarding the requested CUP: (a) Section 129-39 of the City Code sets out the process for considering a CUP for a PUD. The section also notes that when a request involves a request for a major subdivision, the City is to consider the CUP request concurrently with the request for preliminary plat approval, which is what the City has done in this case. (b) Section 129-387 of the City Code requires the evaluation of proposed site density for projects in the shoreland through a tiering evaluation which uses the single-family lot of 10,000 square feet. The City has previously approved subdivisions in the shoreland that have exceeded the density allowance recognizing that the tiering evaluation is difficult to comply with for downtown areas as it does not take into consideration the reduced impact of a multi -story building or the reduced impact a development has when a comprehensive stormwater management system is constructed. (c) The Applicant is seeking the following flexibility from the City Code as part 927 of the requested PUD for the Project, as shown on the project plans, including, but not limited to, the following: (1) Allowance for additional density for an apartment building than allowed through the shoreland tiering provisions; (2) Reduction in the number of trees required for the site; (3) Placement of the building on the site behind parking instead of at the front property line. (d) Section 129-38 of the City Code sets out the criteria to be considered when reviewing a request for a CUP. The City Council finds as follows regarding the criteria: (1) While there were a wide range of concerns expressed by residents regarding the proposed Project, they were based on speculation and none demonstrated the proposed Project would actually be injurious to the use or enjoyment of property or reduce values. Some of the residents objecting to the Project raised environmental concerns regarding the proposed Project, but the objections were based on unsupported speculation. The City has previously approved subdivisions along the lakeshore and finds no basis to suggest the proposed Project will have a greater impact on the environment than the other developments. Furthermore, there is no basis to suggest the Plat may have a potential to cause significant environment effects. The City Council notes that any development of previously vacant land will have some impact, but that is the nature of development. The impacts in this case are not any greater than other residential developments of this size and is appropriately located in a mixed use area of the City. The proposed Project is consistent with the City's comprehensive plan and the City Code. The anticipated impacts of the Project on neighboring properties are adequately addressed in the conditions placed on the CUP; (2) The area surrounding the Property is already developed and so this Project will not impede other development; (3) The Property has adequate access to utilities and to public infrastructure. Access to and from the Property was a concern raised by the City Council during its initial review of the Project. However, the proposed improvements to the accesses and parking on the Property have adequately addressed the concerns. The City Council did note that any proposed improvements located outside of the access easement areas cannot be constructed without first securing all required approvals from the fee owner of the property; 3 C (4) The City Council did raise the sufficiency of parking spaces as a concern. However, the revised plans for the Project adequately addressed those concerns by increasing the number of spaces from 1.2 spaces per unit to 1.5 spaces per unit. (5) This residential Project is not anticipated to produce the types of nuisance concerns to be considered as part of this criteria that may be created by other types of commercial or industrial uses requiring a CUP; (6) The City Council determines this market rate apartment Project furthers the need for housing options in the City and will help support the businesses in the area; (7) The proposed Project is consistent with the comprehensive plan and the City Code; (8) The Project does not conflict with the policy plan of the City. The use is allowed in this district with the issuance of a CUP; (9) The Property is accessed from Commerce Boulevard, a County Highway. The City does not anticipate that the proposed development will create any additional traffic hazards or congestion above what is typical for a new residential project in a downtown area; (10) Development of 83 dwelling units in this mixed use area will not adversely affect businesses in the area and should, instead, provide additional customers; (11) The Applicant has submitted a time schedule for development of the Project; (12) The Applicant has entered into a purchase agreement for the purchase of the Property. Development of the Project is dependent on the Applicant closing on the purchase of the Property; and (e) Section 129-39(c)(4) of the City Code sets out the criteria for considering a requested CUP for a PUD: (1) The proposed Project is consistent with the purpose and intent of PUDs as expressed in Section 129-39 of the City Code. The proposed Project is consistent with the mixed use nature of the area and is consistent with the uses allowed in the district in which it is located; 0 IM (2) The Project is consistent with the comprehensive plan and how the Property is guided, both of which promote the mixed use nature of the area; (3) Traffic circulation and parking were, as previously discussed, raised as concerns by the City Council based on the original plans for the Project. The City Council expressed concern over these issues given the proposed density of the Project. However, the Applicant's reduction in density from the original 104 units to 83 units, and improvements to parking and the access routes, in the revised plans adequately addressed the City Council's concerns.; (4) The standards for PUDs set out in Section 129-195 of the City Code are satisfied. The size of the Property, proposed density, the allowed nature of the use, and park dedication requirements are all being satisfied or are otherwise compliant with the comprehensive plan and City Code, except to the extent Flexibility is granted as part of this approval; (5) The City Council determines any other factors it determines are relevant to the application have been addressed or are addressed by the imposition of conditions on this approval; (f) Staff has determined the proposed Project satisfies the requirements of the City Code which includes the applicable shoreland regulations. These include, but are not limited, the minimum required amount of open space, the lakeshore setback, and the impervious surface coverage requirement for a project in a mixed use district that has approved stormwater management plan. (g) The City Council is prohibited from denying a zoning request based solely on neighborhood opposition. The Planning Commission and City Council held public hearings and collectively heard over 7 hours of public comments on the proposed Project. While the City Council appreciates and values public input, which is evident by the multiple opportunities the City provided for such input, the City Council is compelled by law to objectively apply the City Code to the facts of this request. Based on the City Council's consideration of the request and the written or oral testimony it has received, it does not find any particular public health, safety, or welfare concern that is legally sufficient to deny the request; (h) The City Council has studied the practicality of the request, taking into consideration the present and future development of the Property and the requirements of the Zoning, Subdivision Ordinances, and other official controls and determines the proposed CUP for a PUD satisfies the 5 I requirements of the City Code and should be approved. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, based on the staff reports, the updated submittals, the record of this matter, and the findings and determinations contained herein, does hereby approve the requested Conditional Use Permit to allow a Planned Unit Development in a shoreland area for the proposed Project subject to compliance with all the following conditions: 1. Revisions as needed to the plan set so that all sheets of the plan show the same Project area boundary and site size. 2. No future ('overnight mooring") dock structures or uses shall be allowed onto Lake Langdon. All permitted shall meet local and state regulations. 3. The parking and circulation areas located with the public right-of-way and the access easements shall be improved as is proposed in the Traffic Exhibit that was included in the March 30, 2022 revised plan submittal from the Applicant. No improvements shall be constructed on private property without the consent of the property owner. Plans showing the improvements to be constructed shall be approved by the City. 4. Signage shall be added to the north exit of the site indicating that drivers shall not turn left upon exiting. 5. The building materials and color scheme shall be subject to review and acceptance by the City. 6. Final design of any ADA spaces shall be approved by the Building Official. 7. Plans shall be updated to show the size and drive aisle spacing of the underground parking area. 8. The Project shall be developed in compliance with the terms and conditions of the development agreement entered into with the City for this Project. 9. Approval of the easement and public lands permit to allow for construction of a drive aisle, curb, and landscaping on the city -owned right-of-way and parking area to the east. 10.Add to the site plan the depth of the dead-end parking lot turnaround on the south. The depth shall be at least 7 feet for ease of maneuverability. 11. Ensure all sidewalks are graded for ADA accessibility and railings along retaining walls provided. It 931 12. The Applicant shall work with City Staff to identify pedestrian connections to the Dakota Rail Regional Trail and Commerce Boulevard. 13.Outdoor storage of boats, trailers, and recreational vehicles will not be allowed on the site. 14.Apartment unit decks and patios shall not be allowed for personal storage purposes, including for bicycles. 15. The landscape plan shall be revised to the satisfaction of the City Planner. This shall include addressing the following: (a) The seed mixes shown on the landscape plan need refinement. The Wet Prairie seed mix shown is not appropriate in all areas identified. Drier seed mix is required on sloped areas and areas without wetland soils. In addition, in the basin north of the building the landscape plan should specify use of State Seed Mix 34-262 (Riparian South and West) instead of the currently proposed Wet Prairie; (b) Revise the landscape plan to include a strip at least one mower's width wide of no mow fescue or pollinator lawn mix along the sidewalk on south of building to indicate "cues to care" and so that tall native plants are not flopping over onto sidewalk; (c) A tree survey shall be provided that shows which trees are being preserved and what will be installed to meet the 1 tree per dwelling unit requirement; and (d) Revise the proposed mix of trees to ensure that at least 25% are deciduous and 25% are coniferous. Also diversify the mix of deciduous and coniferous species to increase site landscape resiliency from species specific pests and disease. 16. Ensure the erosion control plan includes silt fence and the use of an erosion control blanket for seeded area of 3:1 slopes or greater. 17. Provide additional information, including an image, of the lighting fixtures proposed. 18.All signage shall meet the requirements of Chapter 119 of the City Code and Applicant is required to obtain all required permitting for future signage. 932 19. This approval shall only be valid upon the concurrent approvals of the rights -of -way vacation, public lands permit, major subdivision -preliminary plat and related requests 20.A Development Agreement, to be prepared by the City Attorney, shall be required for the project and prepared as part of the final plat. 21.Applicant shall be responsible for payment of all costs associated with the conditional use permit application. 22. The Applicant shall be responsible for securing all required local, state, and federal permits and approvals. 23. This conditional use permit is approved for the following legally described property as stated in the Hennepin County Property Information System: (to be inserted). 24. The Applicant shall be responsible for recording the resolution(s) with Hennepin County. The Applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. 25.Applicant should ensure the preliminary plat and site plan include proposed building setbacks. Adopted by the City Council this 26th of April 2022. Attest: Kevin Kelly, Clerk Mayor Raymond J. Salazar 933 EXHIBIT A Property Description ( - to be inserted - ) C RESOLUTION NO. 22- RESOLUTION APPROVING PUBLIC LANDS PERMIT FOR USE OF PUBLIC PROPERTY FOR NORTHLAND MOUND PROJECT PLANNING CASE NO. 21-18 WHEREAS, Northland Real Estate Group ("Applicant") submitted an application for a public lands permit ("Permit") to allow for improvements on public lands immediately adjacent to the Northland Mound project ("Project"); and WHEREAS, the subject site is generally located southwest of Commerce Boulevard and Dakota Rail Regional Trail and involves parcels which are part of Kennedy's Subdivision of Lot 56, Lynwold Park, Lake Minnetonka; and WHEREAS, the Applicant is proposing to improve the adjacent public lands with parking, curbing, landscaping, traffic directional signage, and a monument sign (collectively, the "Improvements"); and WHEREAS, Section 62-11 of the City Code requires City Council approval by a majority vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and WHEREAS, details regarding the Permit request are contained in the Executive Summary Report for the February 8, 2022 City Council meeting and minutes, the Executive Summary Report for the April 12, 2022 City Council meeting and minutes, the Planning Report for the January 4, 2022 Planning Commission meeting and minutes, the Planning Report for the February 1, 2022 Planning Commission meeting and minutes, and the submitted application and supporting materials from the Applicant, all of which are incorporated herein by reference; and WHEREAS, Staff recommended approval of the Permit; and WHEREAS, the Planning Commission reviewed the Permit request at its January 4, 2022 and February 1, 2022 meetings and recommended the City Council approve the requested Permit; and WHEREAS, the City processed the Permit request together with a number of other requests related to the Project and, because City Council raised concerns associated with the Project, all of the requests were tabled and were taken back up at the City Council's April 12, 2022 meeting; and WHEREAS, the City Council adopted a motion at its April 12, 2022 meeting directing staff to prepare resolutions approving the Applicant's requests for the 935 Project, including the proposed Permit for review and final action at its April 26, 2022 meeting; and WHEREAS, the City Council hereby finds and determines as follows: (a) The City Council is authorized under Section 62-11 of the City Code to approve the requested Permit, which is considered a special permit under the City Code; (b) The proposed Improvements, including construction of the curb and landscaping, will improve the City's right-of-way from existing conditions; (c) The separation of vehicular movement on the project site from the City right-of-way will benefit safety; and (d) The proposed Improvements are reasonable and will enhance the public property. NOW, THEREFORE, BE IT RESOLVED, that the City Council, based on the staff reports, the record of this matter, and the findings and determinations contained herein, hereby approves the requested Permit subject to compliance with all the following conditions: 1. Concurrent approval of the conditional use permit, subdivision, vacation and related requests for the Project. 2. Prior to commencing any future building, site, or land alteration activities, the final construction plans related to the proposed Project shall be submitted for review and acceptance by the Community Development and Public Works Departments. 3. Applicant shall be responsible for obtaining any other local permits (i.e. building permit, grading permit, etc.) that is required for the Project. 4. Applicant responsible for all cost for the improvements to include typical design review and placement supervision costs of the City Engineer incurred by the City. 5. Improvements will be considered part of the Subdivisions Improvements for the project and included in the construction cost estimates used to determine project financial surety requirements determined 6. Approval of the improvements does not grant or imply any exclusive use. C . Adopted by the City Council this 26th day of April 2022. Attest: Kevin Kelly, Clerk Mayor Raymond J. Salazar 937 CITY OF MOUND RESOLUTION NO. 22- RESOLUTION APPROVING SALE OF CITY PARCELS TO BE CONSISTENT WITH THE 2040 MOUND COMPREHENSIVE PLAN WHEREAS, Northland Real Estate Group ("Buyer") has made an offer to purchase three (3) City -owned parcels (collectively, the "City Parcels") to be developed as part of the proposed Northland Mound project; and WHEREAS, the City Council, at its January 25, 2022 meeting, approved the sale of the City Parcels to the Buyer and the City entered into a purchase agreement ("Purchase Agreement") with the Buyer; and WHEREAS, Minnesota Statutes, section 462.356, subdivision 2 requires that the Planning Commission review and make findings to the City Council related to a proposed acquisition or disposal of publicly -owned property regarding consistency with the City's approved comprehensive plan; and WHEREAS, the proposed sale was evaluated under the 2040 Comprehensive Plan; and WHEREAS, Staffs evaluation of the proposed sale of the City Parcels is included in the Planning Reports for the January 4, 2022 and February 1, 2022 Planning Commission meetings, such reports are incorporated herein by reference; and WHEREAS, the Planning Reports include Staff's recommendation to sell the City Parcels due to the community benefits and finding the proposed sale to be consistent with the 2040 Mound Comprehensive Plan; and WHEREAS, the Planning Commission, at its February 1, 2022 meeting, reviewed the proposed sale and determined the sale is consistent with the 2040 Comprehensive Plan as the plan contemplates redevelopment of the subject property; and WHEREAS, the Planning Commission's evaluation of the proposed sale of the City Parcels is included in the Executive Summary Report for the Northland Mound project applications that was included in the February 8, 2022 City Council meeting materials for consideration: and WHEREAS, as part of its evaluation of the Northland Mound project, the City Council tabled consideration of the determination of consistency at its February 8, 2022 meeting, requesting the applicant to evaluate whether the project could have fewer units and to connect with the adjacent property owners to address concerns about traffic and circulation; and WHEREAS, on March 30, 2022, the applicant submitted revised plans in response to the information requested by the City Council; and C WHEREAS, the City posted the updated plans provided by the Applicant on its website and distributed notice that the City Council would consider them at its April 12, 2022 meeting; and WHEREAS, the City Council considered the revised plans at its April 12, 2022 meeting and allowed for additional public comment as part of its consideration; and WHEREAS, the City Council adopted a motion at its April 12, 2022 meeting directing staff to prepare resolutions approving the Applicant's requests for review and final action at its April 26, 2022 meeting; and WHEREAS, the City Council determines the proposed sale of the City Parcels is consistent with the 2040 Mound Comprehensive Plan as it contemplates redevelopment of the subject property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound as follows: The proposed sale of the City Parcels, in accordance with the terms and conditions of the Purchase Agreement, is hereby approved, with the understanding the parcels are to be included in the plat of Northland Mound. 2. The Mayor and City Manager are hereby authorized and directed to execute all documents as may be needed to complete the sale and conveyance of the City Parcels. 3. Staff are authorized and directed to take such additional actions as may be needed to carry out the intent of this Resolution to complete the sale of the City Parcels. Adopted by the City Council this 26th day of April 2022. Attest: Kevin Kelly, City Clerk Raymond S. Salazar I'm From: Ben Brandt TO: Eric Hoversten Subject: AIS Ambassadors at Surfside Park boat launch Date: Monday, March 28, 2022 8:08:19 AM Hi Eric, Hennepin County has awarded the company I work for (Waterfront Restoration) grant funding for an aquatic invasive species (AIS) prevention program this upcoming boating season. Our program intends to staff 5 boat launches in Hennepin County with AIS Ambassadors whose primary objectives will be to educate the public on how to conduct their own thorough inspections of water related craft/equipment, the various AIS threats, and potential ramifications of new AIS infestations. Our goal is to have AIS Ambassadors out at the selected launches before fishing opener (5/14/22) and have contact with as many people as possible through 7/10/22. Ideally, AIS Ambassadors will be at the launches on Saturday's and Sunday's for 6 to 8 hour shifts between that date range. However, we may mix in some weekday shifts if warranted. We are piloting this AIS Ambassador program with Hennepin County this year as a new, and hopefully more impactful approach to the traditional watercraft inspections in which the visual inspection is more transactional, gains compliance, but doesn't necessarily change behaviors of the boat owner in the future. I'm reaching out to you to ask for approval from the City of Mound to staff AIS Ambassadors at the Surfside Park Boat Launch during this program. I know the City of Mound has not had traditional inspectors at Surfside Park for at least a few years now, which is part of why I think this could be an excellent location for an AIS Ambassador. The funding for this AIS Ambassador program is all coming from Hennepin County through their allocation of the MnDNR AIS prevention aid funds. It will cost Mound nothing. I'd be happy to share more details of the program, or answer any questions as they come up. I'm not exactly sure who would give the final stamp of approval to allow AIS Ambassadors at the Surfside Park boat launch this summer, so I figured you were a good place to start! Thank you for the consideration, Ben Brandt Operations Manager Waterfront Restoration www.waterfrontrestoration.com 612-254-7253 MI m F— Z 2 0 M LU F— V Z LU H a LU 0 LU LL 0 Z M 0 2 N N O N m 0 7 O 2 L O r LM LL V C H C O G. V C N O L 0) E LU go N d 00 co N N 0 0 0 tt OLO r� Nit O O � CD O w _ Lo 00 coO T T N O N O ��OON UN-VIr00�N000I-NOMO r N O N � 3 N N M O(D N O O O M 0 0 0 O M M LO O CD N LL N r OU��MU)MN000N COOOO O 00 -04 IV C14 a)T O �ON �N N H UrmcrOCONrTO�(Y) O OI-ON T T N N N a> �C T 0� O 0000M OTO O vmm0't TIM N T T N 't ti LL N � o cMMMOOOON00OMO CD�04 UN 1* G. a) U w a> V a) U Q ` a) Na) N a) U a.2 LU U)•: � d 0 V O A 'O H 0 O� LL U O LL U O LL N O LL L)i LL LL v O U p p p is W 7 (%� C3 0 0 Y Of 0 V 0 0 a J m Q U 0 W W Z Z D U Z 0 It j U) Q U)can �o O 9141 t Lo N N N In M T T N r U LD Q Z W 0. 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Oo Op T a oo T M M M M M T - M T ( M r � M T � M T C M r � M T � M N - M N � M N C M M - M O T T N N CC M N d N O N T M M co U')O co co L1- M M co TNT � It LLB M Ln T T T T T T T T T T R} T T T a W w PARKS AND OPEN SPACE COMMISSION MEETING MINUTES February 17, 2022 The Mound Parks and Open Spaces Commission met on Thursday, February 17, 2022, at 7:00 p.m. in the Council chambers of the Centennial Building. Present: Chair Mills, Commissioners Stehlik, Kahn, Blievernicht, Council Rep Pugh Absent: Others Present: City Manager and Director of Public Works Eric Hoversten Public Present: None 1. Call to Order The meeting was called to order by Chair Mills at 7:00 p.m. 2. Approval of Agenda Motion by Stehlik , Second by Blievernicht; Motion carried 5-0 3. Roll Call All Present 4. Approve January 12, 2022 Parks and Open Spaces Commission Minutes Motion by Blievernicht, Second by Pugh; Motion carried 5-0 S. Comments and Suggestions from Citizens Present None Provided 6. Update and discussion regarding the Harbor District Improvements Hoversten introduced Jody Rader from HKGI. Ms Rader provided a detailed background presentation on the process followed to bring the planning project through the initial public inputs, concepts development, public comments on conceptual ideas and the refinements process to bring forward a draft final concert. Hoversten provided contextual comment regarding the cost estimates initially provided to the Commission that have been refined by the consultant and are no more in line with anticipated resources. Key elements of the process highlighted by Ms Rader in her review included the initial scoping discussion with Staff and Council Reps Salazar and Pugh, public survey and results, the preliminary concept development and vetting with Staff and Parks Commission with Planning Commission participation, public concepts feedback via online Social Pinpoint data collection and 2 "pop-up" events broadly supported by the Community, data analysis, final concept consideration discussions with Staff and Council Reps bringing the process to review and discussion of the final concept proposal by the Parks Commission. Ms Rader then highlighted key feedback trends considered when determining the elements of the proposed concept. Each of the concepts vetted in the public feedback process and feedback provided were broken down and discussed separately. The common themes from the process that were drawn into the proposed concept included desire for gathering and event spaces, flexibility for individual users preferred over specifically -structured or purpose -defined spaces, maximizing openness, year- round functionality, refinement and enhancement of existing features, and high value for investment. M Ms Rader provided a summary of the specific improvements in the proposed concept. Highlighting the existing farmers market space and improving site amenities specific to this use/activity as well as improving visibility of the space. The concept includes a potential winter use for a small skating area if flooded. Winter maintenance and events programming would be essential to create results here. The large open lawn area would be kept as open space to the extent possible. Circulation between downtown and the harbor area would highlight the west edge of the space along with a stormwater management feature to be sized and sited during the formal design process. Placemaking and seating would highlight the perimeter of the lawn. The concept calls for refurbishment of the harbor pavilion area to create an alternative function for the space as the performance venue including regrading of the former Auditors Road area to create sloped, multi -level grading for viewing, rock and grass seating, improvements in electric to support staging, etc. The space would connect directly with the existing Andrews Sisters Trail with landscape and placemaking enhancements to draw users into the space from adjoining circulation. Ms Rader concluded her presentation with cost estimates and budget constraints to show potential initial improvements as well as enhancements which might be considered as future improvements on the concept as city budgets may allow. Initial activities proposed in the plan would cost approx. $800,000 with the enhancements adding an additional 3$00,000 — $500,000 to the proposal in future years. Mr Mills asked how the determination of the Commission would translate into future direction or activities. Hoversten indicated that the results of the commissions discussion would go into further plan revisions or if the proposed concept meets Commission expectations, it would be packaged for presentation and review by the full Council for their approval. Stehlik provided comments. Liked lighting and delineation of Farmers Market space and provision for possible future open-air shelter. Also liked the more robust connection between the downtown end of the space and the harbor pavilion. Hoversten commented that the connecting path would be the logistics access for the pavilion area for any performance activities programmed for the space. Stehlik concurred and commented that its prominence in the space would draw users into the space. Stehlik noted the benefits of possible small ice sheet during the winter; but noted the significant of maintenance to keep it usable. Hoversten suggested this might depend on relationships with either the hockey associations or the school district activities to bring expertise and equipment to the concept to assure success. Hoversten noted the need for programming to make sure the investment in amenities pays returns. Pugh added that the programming provides the mechanisms for bringing users from all generations and across all seasons. Hoversten provided that key elements of the proposed concept allow for incremental improvements and evaluation of success prior to future improvements to manage risk. Mills asked about vehicle access to the farmers' market pad. Hoversten provided that discussion to preserve this access as the final concept is formally adopted would need to be initiated with the Bank. Pugh asked if there would continue to be parking along the remaining pieces of Old Shoreline. Hoversten clarified that west of its connection with Marion Road on its east, the remaining west end of Old Shoreline would likely be preserved and converted to diagonal parking on both sides. I'm Kahn asked if access to the feedback on programming suggestions would be made available as part of the study. Rader indicated that this data would be provided separate from the published study, but available if anyone wanted to review it. Rader indicate that much of the feedback did revolve around preservation of the Farmers' Market and siting for performance activities. The variety and trend in this feedback clearly indicates a preference for the community for activities. Kahn also commented on the "art walk" element in the concept and how would that come about. Hoversten indicated that there is grant funding available to facilitate these type of Public Art. He also described the current relationship with the Rotary that brings art from the local community into the space that may be amplified in future activities. Mills asked about the status of Music in the Park. Hoversten provided that since COVID —there has not been a lot of discussion about Music in the Park; but the initial plan from 2020 was to reduce the number of events and bring more prominent performers, greater sponsorship, and inclusion of a beverage -serving non-profit partner to provide alcohol at the events drew them to ask about re - homing that activity to the Harbor District spaces even prior to is rejuvenation via this plan and projects. Mills asked about location flexibility for placement of the rain garden. Rader described that determination as more of a design -phase determination. Hoversten clarified that the stormwater management features are not required to meet project permitting needs for the general area, but more so to address the high -dose discharge from the pavement surfaces to remain and prevent formation of mud -slick areas. A possible solution to this may be addition of a catch basin at the east end of the Farmer's market area to remain. Rader re-emphasized the opportunity to incorporate a smaller feature to provide a public education/engagement opportunity in the space. Hoversten concurred. Pugh agreed that the public information and engagement components of the space would be high value in educating residents and visitors on care of the lake. Blievernich expressed her concurrence with the proposed concept. Mills asked about the disposition of all the comments regarding splash pad and pickle comments. Kahn added that specific effort to explain the process and why those activity amenities are not a part of the plan. Kahn added that many requesters had high expectations for the scale and magnitude of the desired outcome that are financially unreachable outside private partnerships as present in a neighbor community. Pugh added that if a splash pad were considered for the community, a different location would be more appropriate. Hoversten re-emphasized the high cost of creating this type of amenity for limited usability throughout the calendar year, only4-5 months. He added agreement that most of the feedback favorable to a splash pad leaned toward a large configuration that would be difficult to justify in usage return -on -investment. Mills suggested that expectation might be met with a smaller scale. The Commission discussed how the flexibility for a splash pad might be included in future improvements of the space; but not specifically a part of the initial phases discussed in this improvement strategy. Blievernicht provided caution that any expression of meeting this expectation in the future would have to be followed with intent to complete. Hoversten provided comments regarding the long term financial sustainability of the concept being significantly challenging at the scale of expectation and current City resources. I Mills asked if the proposed concept should be revised with a "placeholder" space in it for future addition of a splash pad amenity. Kahn noted that the concept elements of the Splash Pad and larger playground were very "polarized' in the farmers' market engagement sessions and that further coordination through public commenting would simply add more to that non -overlapping feedback. Hoversten added that if the Commission does not feel that a splash pad is a realistic eventuality for this space; re -asking a question to the public that cannot be answered to user -satisfaction would be unproductive and perhaps simply repeat any dis-satisfaction with the process outcomes and not resolve the discussion. Pugh re-emphasized the need to spend public dollars on activities that produce targeted and highest return -on -investment. Hoversten suggested that at times the business operation of the City drives answers and outcomes that fall short of many higher expectations that are expressed across many municipal business lines. Mills asked if the ice surface proposed would need a warming house. Hoversten indicated a warming house would likely be beyond the level of service the City could provide. Rader indicate that for programmed events type activities, mobile skate rental and warming house vendors provide that service for fee. Mills asked if boat parking at the pavilion docks would be affected if the performance venue were put at that area. Hoversten provided that no boat parking would be lost in the proposed additional use. If we ever created a highly boat -trafficked activity in the area that the existing parking would be inadequate to allow boaters to reliably assume a parking space upon arrival. So the existing parking remains underutilized and a difficult problem to solve. For an activity like Music in the Park, boaters could simply enjoy the event from their boat in the water — but for activities that require coming ashore; this is likely unsolvable under current environmental regulation limitations. Mills asked about WiFi. It was recommended that the plan not include WiFi as an initial project objective because there would be no way to control and manage its use if offered publicly; and there are not municipal needs for WiFi in the space. Mills asked how to wrap up the discussion and move the plan forward. Hoversten suggested that if there were no substantive comments for the consultant, the Commission could approve the work and forward to the Council for final review and approval. Mills asked for confirmation that the suggested performance area was large enough to host Music in the Park. Hoversten confirmed that the stage used for Music in the Park is only about half the size of the deck area of the existing pavilion. Mills confirmed that the Commission needed a motion to approve the concept and preliminary report for forwarding to the Council for their review and approval. Hoversten re -affirmed this would be the action of the Commission. Motion by Mills, Second by Kahn. Motion carried 5-0 7. Review 2022 Calendar Hoversten identified a conflict with the proposed rescheduled date for the March Parks Commission meeting falling the same day as the Docks Commission meeting where dock wait list lottery wound take place. Due to this schedule conflict Hoversten recommended the Commission cancel its March meeting. Motion by Stehlik, Second by Mills; Motion carried 5-0 IMI B. Reports: Pugh shared information from the concurrent special meeting workshop between Council and Planning Commission to develop the Planning Commission work plan for 2022 including rental ordinance discussions and further work to address derelict property conditions. Pugh also shared the Council work and discussion on the Northland development proposal for the vacant, raw land on the north east shoreline of Langdon Lake that met significant feedback from various members of the community. Stehlik asked about the no parking arrangements on Leslie adjacent to Swenson Park and if pre - construction configurations can be restored. Hoversten agreed to look at the Parking plan to confirm what should be in place. 9. Adjourn Motion by Mills, Second by Stehlik; Motion carried 5-0 Meeting Adjourned at 8:55 PM MIN ` 150. �lN '� 0a I :_ �/� (12). (11) 1 (10m s ci - - 200 - - - ; (59) 1so �'� i N N ° ' ��s ra - _ ,6.4E Dl 0 1 ( ) - _ l - - i 50 50 50 { 167. 7 99.88 240.17 0 DOC 529309E R 45 o� ' 50 �' 80.84 N89°14'26"E 865.21 '� _ 7t, 44 (72) I _ _ _ _ _ _ _ _ -1 0 IN _ _ N 25.05 S2°457' W N g 77.47 _ _ - o 36 �`- _ .-L 1070.62 o �v `.: as cs �Q) I (20) 150�' 50 50 50 50 50 50 50 �0 50 50 50 58 67 1 279.5ass9°ao'ss•w 21 n.47 1i.77 �` �xE7.2N �9i .� � oo m 1 49a 46 159`1 43 m ' OF iOT 34 o�p `, _ 37_ Q N ° a � ' co j, O CONNER GREEN Q "o . 21, 9 . • - •-wi - - R 150 1 .\. 38 CY W a2 c�� 43 N N N ��/n��QO 'v� 2 rp �10. y .24.549 .5 1 N844i I $ �i 41 0 65 45 46 47 �8 49 50 51� I i " 11 '� (78) 1- �'�4 •,, I: 1 (24) (21)150 �r N (- )� - - (27) (28) 1- --(29 (30) (31)t (32) 1 (35) ADDN CY "ate©�1 Q� �' �% 39 !� 44 -, � .I. 1 m°N9 N dMD op (22) ,sod - (26 - - % ' 1 .. 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L �(i9); as Q )(471r �( $ (1) e o Zpi T ,L MSS l`l A9 1 fj2 n o 2 v m OUTL01 (173 (57) LYNw p� 253 0 < (176 20.12: ®® _. 70 ON $ - 17 4 110 _(2) 1.@_�° Q I (47) 4 m m ® PAR � � t• ' i("297.R Z o �•' ` 4 Z S87°20'17"E � Gn\14.82- - -(� -49 ® 150.01 a 49 270 t (W) 50� 49 - __.. �i C W OUTLOT C ' - --- 200 g Q ¢ ; (175) Qp. z N .23 23 23 + N 7 a171WI 48.1 .- - N87 f\t � {�� O 19 100 I Gf:► 9 Y8 m ,(52) 1 °, o - I , a mof Summary: Hennepin County has awarded Waterfront Restoration LLC., grant funding for an aquatic invasive species (AIS) prevention program this upcoming boating season. This new initiative is a pilot program intending to staff 5 boat launches in Hennepin County with AIS Ambassadors whose primary objectives will be to educate the public on how to conduct their own thorough inspections of water related craft/equipment, the various AIS threats, and potential ramifications of new AIS infestations. Our goal is to have AIS Ambassadors stationed at the selected launches on weekends beginning fishing opener (5/14/22) and have contact with as many people as possible through 7/31/22. Ideally, AIS Ambassadors will be at the launches on Saturdays and Sundays for 6 to 8 hour shifts between that date range. However, some weekday shifts may be scheduled if warranted. Waterfront Restoration is piloting this AIS Ambassador program with Hennepin County in 2022 as a new, and hopefully more impactful approach to the traditional watercraft inspections in which the visual inspection is more transactional, gains compliance, but doesn't necessarily change behaviors of the boat owner in the future. The primary objective of AIS Ambassadors will be to engage with boat launch users in an educational manner that teaches them what to look for before launching their watercraft, and after exiting a body of water. Ultimately, we hope to provide statistical proof that an AIS Ambassador program can effectively increase the public's awareness of AIS threats, state AIS statues, and the equipment owner's compliance during self -inspections when an inspector or ambassador is not present in the future. The publics participation with the AIS Ambassadors will be voluntary. The City of Mound has not had traditional inspectors at Surfside Park for at least five years now, which is part of why this could be an excellent location for an AIS Ambassador. The funding for this AIS Ambassador program is entirely from Hennepin County through their allocation of the MN DNR AIS prevention aid funds. It will cost Mound nothing. Other locations in Hennepin County that AIS Ambassadors will be stationed at: • Weaver Lake, City of Maple Grove • West Bush Lake, City of Bloomington • Long Lake, City of Long Lake • Point Park PWA on the Mississippi River, City of Champlin Request: • Approval to staff Aquatic Invasive Species Ambassadors at the Surfside Park (Cooks Bay) launch primarily on Saturdays and Sundays for 6 to 8 hour shifts between 5/14/22 and 7/31/22. • Right of Entry Authorization Form for AIS Ambassadors CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT Property Located at: 5801 Bartlett Blvd Mound, MN 55364 (Parcel No. 23-117-24-14-0024). Mound Public Boat Access. City of Mound, ("Owners") are the record owners of that certain real estate located in Hennepin County, Minnesota, legally described above. ("Property") Owners hereby consent to allowing Hennepin County and Waterfront Restorations, and its duly authorized agents, employees, contractors and invitees, the right to enter upon the Property for the purpose of project entitled "Pilot Program — Educate watercraft users via the DNR AlS" The details of the work will follow the PDF e-mailed along with this form document. The Owner expressly waives any claims of trespass and compensation which they may otherwise have as a result of Hennepin County's use of the Property pursuant to this Agreement. This Agreement shall be effective immediately upon acceptance by Hennepin County and shall terminate on July 31, 2022, or upon completion of the work, whichever occurs later. ACCEPTED BY: Waterfront Restoration ACCEPTED BY: a a Dated: Dated: 0 Dated: