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2022-10-25 CC Meeting MinutesMOUND CITY COUNCIL MINUTES October 25, 2022 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 25, 2022 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Ray Salazar; Council Members, Paula Larson and Sherrie Pugh, Phil Velsor and Jason Holt Members absent: None Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, Community Development Director Sarah Smith, City Engineer Brian Simmons, Matt Bauman, Kim Blievernicht, Kevin Castellano, Peter Meyer, Pam Janisch, Shelly Zimmerscheid, Holly Thumann, Scott Gates, Alicia Heck. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Salazar called the meeting to order at 7:00 p.m. 2. Pledae of Alleqiance 3. Approve agenda MOTION by Holt, seconded by Pugh, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Larson, seconded by Holt, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $506,209.64. B. Approve minutes: 10-11-22 regular meeting C. RESOLUTION NO. 22-92: RESOLUTION APPROVING LEASE AGREEMENT WITH ISLAND PARK VILLAGE HALL PRESERVATION SOCIETY D. RESOLUTION NO. 22-93: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR 2022 TREE LIGHTING EVENT, WITH WAIVED FEES E. RESOLUTION NO. 22-94: RESOLUTION APPROVING A VARIANCE FOR PROPERTY AT 3037 DUNDEE LANE (PLANNING CASE NO. 22-17) 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. Mound City Council Minutes — October 25, 2022 6. Sergeant Matt Siltala with the Mound Activity Report for September. Siltala addressed the Council with the September activity report by saying it was generally quiet. Siltala said there were 143 cases which is low but October will be busier. Siltala noted a forced entry burglary in a residence but it has been fairly quiet outside of that incident. Siltala said the Orono Police Department (OPD) has made it a point to be a strong presence in the community and do our best. Siltala said he is in the process of updating the OPD website as it is outdated and he has been named the lead to head up the creation of the website. Siltala said he would like to use quick links to direct citizens on the City of Mound website to easily contact the OPD. Siltala said the OPD will also work on the social media presence of the OPD and be more active in the use of it. Salazar asked about an incident over the weekend of a body found in Lake Minnetonka near the narrows channel. Siltala said this is under investigation by the Hennepin County Water Patrol. 7. Public Hearings — Consideration/action on Conditional Use Permit (CUP) for outdoor accessory dining area/patio for new restaurant in Commerce Place Shopping Center at 2232 Commerce Boulevard (Planning Case No. 22-14) Applicant: Scott Gates Requested Action A. Approve Resolution Approving Conditional Use Permit to Allow Outdoor Dining Area/Patio for New Restaurant in Commerce Place Shopping Center at 2232 Commerce Boulevard Smith presented the proposed restaurant space requesting action and approval of outdoor dining in the covered exterior space from Scott Gates. Smith said the request is to allow 100 outdoor seats and tables adjacent to the restaurant space. Smith said the Conditional Use Permit is for outdoor seating for dining accompanied with beverage consumption. Smith said the CUP is just for outdoor seating and not for a liquor license which is approved separately. Smith added the Council needs to hold a public hearing and the Planning Commission (PC) recommended approval. Smith said the proposal is pretty straight forward and typically a CUP needs a higher level of review but the restaurant is a permitted use. Smith stated Commerce Place has seen positive change with new tenants moving in and Anytime Fitness moving relocating within the center. Smith said the CUP application has the consent of the building owner and information about the restaurant has been provided by Gates, noting it will be a nice addition to the community. Smith said the restaurant will also offer entertainment and the City Code and MN Statute requires a public hearing. Smith added the Planning Commission is generally favorable to the proposal as it fills an empty space in the building. Smith said the PC limited maximum seating capacity to 100 seats and building and fire code requirements have been and will be addressed. Smith said Gates provided drawings and will make sure there is accessibility in the area. Smith said Gates provided a noise generation study of the area if there were to be live music outdoors in the front of the building which would be similar to standards for noise generation. Smith said the PC review lead to a unanimous approval subject to findings of fact and conditions regarding to the maximum number of seats for the outdoor area be set at 100. Smith said she has not received any negative comments regarding the restaurant and Gates hopes to be open soon but will need to secure the liquor license for the restaurant. Mound City Council Minutes — October 25, 2022 Scott Gates, 545 2nd Street, # 298, Excelsior, addressed the Council said he didn't agree with the former apartment proposal at the site. Gates said there are other tenants open in the building and it is a good mix. Gates said the outdoor seating will allow for six feet of access lane through the outdoor seating and he has taken official comments into account. Gates added that the restaurant needs extra storage which is a space down an interior hallway. Gates said he did a noise map if there was an outdoor band and the noise would be 90 decibels at the front of the building and lowered to 70 decibels at Wells Fargo and reduces 55 at the parking lot at Jubilee. Gates said the intent is to hold live music events indoors. Gates thinks there is a demand for live music as other venues in the area have closed. Gates said in the future they would like to hold parking lot parties three or four times a year and possibly other events at Mound Harbor with a caterer license if the proposed restaurant takes off and a broader vision is enacted. Salazar said the restaurant proposal is a great idea and is really needed in our town. Salazar asked about the cuisine to which Gates said would be upscale casual, burgers, entrees which would be fun and also rotate specials that will harken back to dishes served by legacy restaurants in the area. Gates said they will not offer pizza except for Detroit deep dish but they will plan for BBQ. Gates said the people want affordable but nicer than McDonald's and below upscale. Gates said they would like to be open by the end of the year but that will be ambitious. Gates said demolition will start in three or four weeks. Salazar opened the Public Hearing at 7:29 and upon receiving no comment, closed the public hearing at 7:30. MOTION by Velsor, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-95: APPROVING CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DINING AREA/PATIO FOR NEW RESTAURANT IN COMMERCE PLACE SHOPPING CENTER AT 2232 COMMERCE BOULEVARD 8. Consideration/Action on requests from Inland Development Partners to amend the Development Agreement and to release improvement security for Villages of Island Park Smith said the request is for the Council to review and consider two actions related to the Development Agreement dates and the reduction of the financial security for work completed. Smith said this second draw down request was for $197,930.35 but staff recommends the security be reduced by $189,677.90 to exclude the retaining wall escrow amount. Smith said the 2d request is to amend the Development Agreement Section 2 dates by 6 months for building completion from October 31 st to April 30, 2023 and landscaping/site restoration from December 31 st to June 30, 2023 to allow for working around spring road restrictions. Smith said all of the buildings are under construction and the paving of road will happen this week. Smith said staff did a walk through and there was a request for a Temporary Certificate of Occupancy (Temp CO) in which the Fire Department evaluated fire and safety related to the site prior to the approval of the Temp CO. Smith said this will be considered in a couple of weeks. Smith said the units are very nice and landscaping and patios are in, noting the extra time will allow for detailed refinement. Smith said staff recommends approval and are excited to see occupancy occurring. Mound City Council Minutes — October 25, 2022 Tom Dillion of Inland Development Partners, said the fifth building will be finished on December 151" and buildings 1, 2 and 3 are fully finished, road installation scheduled for Monday and all sidewalks, lighting and landscaping will be installed and completed before the end of the year. Dillon said building 4 will be done in the next couple of weeks and they will not need the full six-month extension as the work will be done earlier. Dillon added there has been one lease signed so far with momentum picking up. Salazar said he attended the ribbon cutting at the site and this is a high -end addition to the City and the project is outstanding. MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-96: APPROVING AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR VILLAGES OF ISLAND PARK AND TO RELEASE IMPROVEMENT SECURITY 9. Consideration/Action on request from Lifestyle Communities, LLC to approve Fourth Amendment to Purchase and Development Agreement for Mound Harbor 2nd Addition Smith said this is a similar request from Lifestyles Communities for the Fourth Amendment to the Purchase and Development Agreement to amend work start before November 1 St because there isn't a final plat from Hennepin County and therefore the project cannot be authorized to go forward. Smith said Lifestyle Communities building permit plans are in progress, title work has been submitted, plat opinion has been issued and a preconstruction meeting took place, noting all the agency permits (MPCA & MCWD) are in hand or closely in hand. Smith said as soon as Hennepin County approves the final plat to be signed the project will commence. Smith said the Fourth Amendment mirrors language in the Development Agreement and charges for park dedication and trunk charges including MCES connections are being processed. Smith recommends the Fourth amendment be approved. Tim Nichols of Lifestyles Communities, thanked the efforts of the staff, noting a lot of pieces are falling into place but the project is running into time delays due to the County. Nichols said the building will be owner occupied and the response is consistent with other projects. Nichols said the owners are meeting today and they may reach the 60% of pre -sales, noting the response has been receptive with many coming from the area or coming back into the area. Nichols said they are at 52% pre -sold right now and some people are on the fence and have to decide soon whether they are going to buy in. Nichols said they would like to start the project as soon as possible and appreciate the recommendation to be extended to the February deadline which will allow the opportunity to move in residents in by the Spring of 2024. Salazar said we have cleared the hurdles and he is really excited about the project. Salazar said he was told there was 100% of the units sold. Nichols said that every building they have started must meet the 60% unit sold threshold and the balance will be sold. Nichols said the intent is to do the right thing in the right way for the right reasons and spending the time to do it right. Nichols said this is a hard space to develop and the vision of the City is why we are here and appreciates the City's patience. MOTION by Holt, seconded by Pugh, to approve the following resolution. Velsor, Holt, Pugh and Mound City Council Minutes — October 25, 2022 Salazar voted in favor. Larson voted no. Motion carried RESOLUTION NO. 22- 97: APPROVING THE FOURTH AMENDMENT TO THE PURCHASE AND DEVELOPMENT AGREEMENT FOR MOUND HARBOR 2ND ADDITION 10. Consideration/Action on Resolution Ordering the Abatement of a Hazardous Building at 5672 Glenwood Road in the City of Mound Smith said this property was addressed by the Council in January 2021 to abate the hazardous building at 5672 Glenwood. Smith said staff worked with the owner of the property to take the steps to improve the property but the owner passed away earlier this year. Smith said the City Attorney has recommended that the Council take action with the two new owners of the property to send notice of abatement. Smith said staff have sent notices and follow up letters to the new owners and staff did remove this action from a previous agenda because staff detected activity at the site and invited the owners to reach out to staff. Smith said the owners have not responded and the abatement is back before the Council for consideration. Smith said the owners were sent the agenda for today's meeting and have been sent certified letters so the needed steps have occurred and staff recommends approval of the resolution. Velsor and Hoversten spoke about the certified letter being sent. Velsor said this will help to move the process forward. Hoversten said the certified mail was sent to the tax payer of record. Smith clarified the 9/30 materials were sent by certified mail and the 10/5 were sent regular U.S. Mail and both were returned to the City as unclaimed/unable to forward and attempted not known/unable to forward. Hoversten said due process serving needs to happen to move things forward in the case there is a cooperative property owner or in an adverse manner if the owners are not cooperative. MOTION by Larson, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-98: ORDERING THE ABATEMENT OF A HAZARDOUS BUILDING LOCATED AT 5872 GLENWOOD ROAD IN THE CITY OF MOUND 11. Review of Preliminary Cost Share Arrangement and Estimate for Dakota Trail Crossing Improvements Hoversten presented the Hennepin County letter executing the three -agency cost share. Hoversten said the cost of $555K is higher than previously proposed due to construction cost index, HC work requirements and the contingency fund of 30%. Hoversten said the City, Three Rivers and Hennepin County will pay an even third of the cost share which will go to the project and will lock in the price. Hoversten said the project includes removing curb line, replacing turn lanes on each side to reduce from six lanes to two, closing the median to vehicle traffic and including a guarded safe haven with RRFB for pedestrians to activate when crossing the roadway. Hoversten said staff is just looking for the Council to direct staff to continue working along these lines or this would be the point to withdraw from a project. Salazar said while it is more money than expected the crossing has been a problem and a tragedy waiting to happen and a solution has been in development since 2019. Salazar said he wants to move ahead with a safe crossing put into place in the spring of 2023. Mound City Council Minutes — October 25, 2022 Velsor asked about the placement of the beacon relative to the curve in the road vs. just at the crosswalk and Hoversten said the County has not decided on the device to be used. Velsor and Hoversten discussed the inclusion of the barrier from the parking ramp to funnel pedestrians to the crosswalk. Council gave the okay to move forward and Hoversten said the City is on board with the framework of the project and a spring bid offer in order to proceed. Hoversten noted Auditors Road will be closed for staging the Artessa project prep work. 12. City Engineers presenting Engineering Reports for 2023 CIP Infrastructure Projects Bauman presented the Lynwood Watermain Improvement report to extend east from Southview to Grandview to replace the oldest cast iron pipe in the City using a trenchless construct. Bauman said the project is 1400 feet long, noting the cost estimate increased to $925K due to current conditions and will be funded by the Water Fund and will include replacing the 6-inch watermain, valving, hydrants and water services. Assuming favorable bids received in February, the project will take place in the June to August time frame. A. Approve Resolution Receiving Report and Authorizing Preparations of Plans and Specifications and Ordering Advertisement for Bids for Lynwood Watermain Improvements Phase 3: Southview to Grandview City Project PW 23-01 MOTION by Larson, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-99: RECEIVING REPORT AND AUTHORIZING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LYNWOOD WATERMAIN IMPROVEMENTS PHASE 3: SOUTHVIEW TO GRANDVIEW CITY PROJECT PW 23-01 B. Approve Resolution Receiving Report and Authorizing Plans and Specifications and Ordering Advertisement for Bids for 2023 Lift Station Replacement Project City Project 23-03 Bauman said the Lakewinds sewer lift station at 4351 Wilshire Blvd was originally constructed in the 1960's with a pump replacement in the 1990s so it is well beyond its useful life. Bauman said the engineering estimate is $901,400, also up from previous engineering estimates, with bid opening in March, award in April, and construction beginning in July dependent on the supply chain. Velsor asked if the project will disturb the Lakewinds retaining wall and Bauman said it will be lightly disturbed and possibly extended. MOTION by Larson, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-100: RECEIVING REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2023 LIFT STATION IMPROVEMENTS PROJECT CITY PROJECT 23-03 Mound City Council Minutes — October 25, 2022 C. Approve Resolution Ordering Preparation of Report on Downtown Paver Sidewalks Replacement Project Phase II Bauman said this is a request for a feasibility study that will allow us to work with Hennepin County and potentially Mound Marketplace on a cost share to complete the project. Bauman said this is a continuation of the sidewalk project but involves stamped and colored concrete and pedestrian ramps at the intersections. Bauman showed a color -coded map of the phases. Salazar said this will last a lot longer than the current pavers and discussion ensued about why the pavers failed. Hoversten also pointed out the selected slab replacements and the edge grinding that will occur. MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 22-101: ORDERING PREPARATION OF REPORT ON DOWNTOWN PAVER SIDEWALKS REPLACEMENT PROJECT PHASE 2; CITY PROJECT PW 23-08 13. Three Points Traffic Speed Discussion and Analysis of Alternatives Simons presented a memo in response to a request of a traffic control device. City Engineer Brian Simmons said a memo was prepared to respond to the request for a traffic control device, specifically stop signs, and basically the engineering recommendation would be for a permanent solar power speed cart on Three Points Boulevard. Simmons said this is one of many discussions the Council has had with regard to the placement of traffic control. Simmons said stop signs are not a pedestrian device but control right of way similar to speed bumps with both tending to cause sling shot speeding where the drivers will make up the slow down by driving faster in-between. Simmons said true narrowing of the roadway slows down driving speed either by physical narrowing with pylons or moving the curb or perceived narrowing by things like striping/lining. Simmons said Bolton & Menk can recommend a policy for traffic control requests so there is a clear framework to ensure consistency and equitability across the city. Simmons also noted Three Points Blvd is a Municipal state aid route which impacted the design of the road when it was constructed. Simmons said the permanent solar powered speed carts cost about $8,000. Velsor asked if the issue is just traffic leaving Three Points. Holt said he hears water is the main issue for residents with traffic and safety number 2. Holt asked the three planning commissioners who live in Three Points what they thought was best and Holt just wanted to request a study and hear what works. Holt said he met with the Chief of Police weeks ago who then put out the trailer and indicated they try to figure out who are the repeat offenders as it is usually the same people. Simmons said the study wasn't exhaustive and he thought the Council would be surprised to hear what other cities are doing, including the City of Crystal that actually removed stop signs to improve safety. Hoversten described the locations of radars in the area which flash the speed of the upcoming vehicles, noting it just measures and flashes, noting the OPD portable one collects data and they have the ability to increase enforcement. Velsor said it would be good to know what time of day and what the patterns are. Holt said that was just done upon his request. Mound City Council Minutes — October 25, 2022 Pugh says Mound is a 2-mile town but everybody seems to speed and suggested the City develop a policy as suggested as we can't afford to study every new complaint about traffic. Pugh said the City has to recognize it is a behavioral issue and create a culture where residents won't drive 40 miles per hour. Salazar said before we buy a speed radar, we need a policy to determine how we should move forward. Salazar asked how speed limits are determined. Simmons said it is a combination of geometry, road volume and volume type. Salazar said it is also based on driver behavior and Simmons said that is the same as geometry. Salazar said the current 30 MPH was based on a study and the policy should incorporate the study that includes traffic, violators and driver behavior. Larson asked about speed bumps and Hoversten said corridor speed would increase in other areas away from the speed bumps and they are hard to plow around. Simmons said he is not a fan of speed bumps and Simmons said he is just trying to make sure the Council is fully exploring all options. Velsor said a policy is a good plan and he is disappointed not to get feedback on the data received from when the trailer was out there. Hoversten said the speed cart will collect the data in a specific location and provide feedback which can be put to use but the data gets wiped out when relocated. Hoversten said the challenge is to prioritize where to locate it and conduct the data gathering/enforcement which is what he has asked Bolton & Menk to focus on. Velsor said he believes random speed enforcement, with actual tickets issued, would deter speeders and this seems harder than it should be. Hoversten said if that is what the Council prefers, that is the easiest to do. Hoversten said there should be a policy about traffic study requests which also addresses enforcement. Velsor said the trailer doesn't write tickets. Holt said he did a ride along and the intermittent enforcement has not worked as it keeps happening and safety is an issue and we should listen to residents. Holt said he thinks the issue is both eastbound and westbound on Three Points and suggested OPD repeat the trailer exercise and get the data. Salazar said he sees police departments intercepting speeders on Hwy 7 and enforcement is important but also the policy is necessary. Hoversten said it appears the directive of the Council is to step up enforcement and to develop a policy and Salazar agreed. Pam Janisch, Eagle Lane, said they are speeding in both directions and on the cross streets with Dove the worst and also driving through the stop sign. Janisch said these are adults noting she has almost been broadsided in her car three times. Janisch said she yelled at one driver and he shouted an expletive at her. Velsor said the OPD needs to get involved. Larson asked if the Council could authorize a memo. Hoversten said he would send Chief Farniok an email in the morning at the request of the Council. Velsor said it has been emphasized at the Police Commission meetings that the OPD wants people to call them directly vs. taking their own pictures and posting complaints on social media. Kevin Castellano, 1705 Eagle Lane, said he has lived here for 20 years and the issue is with both east and westbound. Castellano said he agrees speed bumps and stop signs are not the way to go but he does believe the radar signs and striping do work. Discussion continued on pylons and Hoversten said they are effective but are not practical in northern climates with snow and plowing. Castellano thanked the Council for the time and attention spent on this matter. Mound City Council Minutes — October 25, 2022 Velsor said he talked to the owner of Al & Almas about the stop signs and was told the owner sees drivers and trucks rolling through them and is not sure they are effective. Simmons said that is an issue and the seasonal nature is also a problem. Simmons said narrowing of the roadway is the only real effective solution and the Council will continue to hear that from him. Simmons also noted MNDOT returned control of minimum speed limits in residential zones back to cities, noting it used to be 30 MPH but now cities can go lower. Simmons said he is not suggesting that. 14. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten with the following items: • November 8th is the General Election and the Council meeting is rescheduled to November 9th • November 1st Direct Balloting at City Hall begins • November 5th City Hall open on Saturday for absentee voting from 10-3:00 • November 5th Tonka Brew Fest • November 19th Harbor Wine and Spirits Auction at Surfside Depot • November 19th Tree Lighting Event • November 11th - Veterans Day - City Hall closed • October 31 st City Hall hours will return to 8-4:30 Monday through Friday B. Reports: Fire Department — September 2022 Finance Department — September 2022 C. Minutes: D. Correspondence: 15. Adjourn ACTION by Velsor, seconded by Holt, to adjourn at 9:28 p.m. All voted in favor. Motion carried. K�r_- Attest: Rbvin Kelly, Jerk Mayor Raymond J. Salazar