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2023-03-14 CC Meeting MinutesMOUND CITY COUNCIL MINUTES March 14, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 14, 2023 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Jason Holt, Council Members, Sherrie Pugh, Paula Larson, Kathy McEnaney and Kevin Castellano. Members absent: None Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, Community Development Director Sarah Smith, City Engineer Brian Simmons, City Attorney Scott Landsman, Karl Weisenhorn, Julie Weisenhorn, Natalie Miner, Mark Olson, Jeff Meehan, Joe Bruns, Jason Zattler, Jeremy Senn, Ray Ellis, Mary Davis, Chris Septon, Jerry Jerome, John Koppi and Claudia Lacy 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 Holt called the meeting to order at 7:01 p.m. 2. Pledge of Allegiance Holt thanked the Westonka Historical Society for hosting the City Council (CC) on a tour of the museum prior to the meeting. 3. Approve agenda MOTION by Larson, seconded by McEnaney, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Pugh, seconded by Castellano, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $391,983.05. B. Approve minutes: 02-28-23 Regular Meeting 02-21-23 Special Meeting 03-02-23 Special Meeting C. RESOLUTION NO. 23-26: RESOLUTION APPROVING PUBLIC GATHERING PERMIT FOR RAIN BARREL DISTRIBUTION AND EDUCATIONAL SPECIAL EVENT AT VETERAN'S PARK DISTRICT ON SATURDAY JUNE 3, 2023 8:00 A.M. TO 12:30 P.M., WITH WAIVED FEES D. RESOLUTION NO. 23-27: RESOLUTION APPROVING OUTDOOR MUSIC PERMIT FOR PRIVATE EVENT AT 4717 ISLAND VIEW DRIVE ON Monday, JULY 3, 2023 FROM 4:00 P.M. TO 7:00 P.M. Mound City Council Minutes — March 14, 2023 5. Comments and suggestions from citizens present on any item not on the agenda. Julie Weisenhorn,1733 Bluebird Lane, said she is a coordinator of the rain barrel event and wanted to thank the Council for waiving the fees for the event. Weisenhorn said they have sold all but 23 rain barrels and City staff have been helpful in organizing the event. 6. Sergeant Matt Siltala with the Mound Activity Report for February Officer Jane Szczepanik gave the report and said there were 144 incidents in Mound in February. Szczepanik said she wanted to point out one incident in which a regular patrol unit pulled over a speeding vehicle and was able to get an illegally owned gun off the street. Szczepanik said overnight parking enforcement continues through April 15th in which there is no parking on City streets from 2:00- 6:00 a.m. Szczepanik added that road restrictions are currently being enforced until MN Department of Transportation ends them. McEnaney said there are quite a number of welfare checks in the reports to which Szczepanik said there are calls almost every day of people with mental health concerns and/or when someone can't get a hold of a loved one. Szczepanik said officers are then dispatched to the residence of the person to see if they are okay. 7. Hennepin County Commissioner Kevin Anderson Anderson said he represents Hennepin County (HC) District Seven and is honored to serve the western suburbs and Y2 of Mound with Commissioner LaTondresse. Anderson said he is the Chair of Public Works Committee, Vice Chair of Health and Human Services and serves on many other committees. Anderson said since taking office, his priorities are infrastructure investment, broadband expansion, mental health issues and veteran services. • Broadband Expansion - in last two years there have been opportunities to expand in District Seven, including several communities which didn't have any connection, and includes partnering with cities to create affordable high-speed internet service for 1000 new homes. Public Works — the Maple Grove Highway 610 funding is complete, noting this project has taken nearly 50 years of planning and preparation. Road maintenance is an issue this brutal winter season and HC crews are gearing up for pothole repair season. • Community outreach and community programs — HC has provided job skills training and career coaching for people recently released from the justice system in order to interrupt the cycle of recidivism. Another HC program has a goal of planting 1,000,000 trees in HC Veterans Work - HC partnered with the MN Assistance Council for Veterans on a pilot program where a Robbinsdale hotel was converted to 16 units of supportive housing for homeless veterans. Anderson hosted a roundtable meeting for veteran mental health issues and suicide prevention resources noting this population has alarmingly high rates of suicide. Youth Sports Grant — District 7 has funds available for grants in 2023 Sentence to Serve — Street Maintenance in Mound and County Rd. 110 pedestrian ramps • Capital Funding for Westonka Library is available for 2023 Mound City Council Minutes — March 14, 2023 Hennepin County levy was increased 3.5%, reduced from the preliminary 4.5%, because the County found other sources other than property taxes to fund services Discussion ensued about the rebuilding of the Hennepin County Library in the same location on Commerce Blvd. Holt asked about the HC Youth Sports and whether the grants would apply to the Eli Hart Foundation initiative. Anderson said there are facility and equipment grants available for application. Pugh said Mound lost its bus service creating a big issue for those who rely upon it. Anderson said he is engaged on this issue noting bus service is operated by the Met Council. Anderson said he is looking forward to connecting with the new Metropolitan Council Commissioner to advocate for bus service in Mound. 8. Natalie Miner, Westonka High School Student Senate presenting a School update Miner stated she is a Junior at Westonka High School and is one of four officers that will be presenting to the Council, noting she is the Senate Communication Officer. List of Activities presented by Miner: • Accomplishments —155 students attended State Career Development Conference, 28 of whom went to the international conference • Student Senate collected $4K during the "Stuff the Bus" Campaign for the food shelf • State conference is being hosted by Westonka this year • Speech team champions of Wright County Conference with a student going to State • National Honor Society is collaborating with WeCan • Spring Blood Drive was held yesterday • National Honor Society Scholarship student semifinalist • Thirty-eight students from the Robotics Team competed in Duluth Sports - • Hawkettes Dance Team took third in the Class AA Jazz and first in the Kick Competition • The Gymnastics Team was first in the Wright County Conference and fourth at State • Gymnastics also won gold for Academics • Wrestling Team placed six wrestlers at State Arts- • Band and Choir Concerts • High School Theatre - held "The Play that Goes Wrong" • Community Theatre had their Children's Playhouse production of "Space Saucer X-2000" • Grandview Middle School spring musical of "Willy Wonka" Student attendance has increased from 2021-2022 Westonka District is working on a Facility Improvements plan for the High School building Holt said there are big facility projects underway at the School District. Mound City Council Minutes — March 14, 2023 9. Public Hearing - Discussion and actions on an interim ordinance establishing a moratorium within the City on land use and subdivision applications for the construction and development of multi -family housing Holt said the moratorium will allow the Council to relook at the Comprehensive Plan (Comp Plan) and potential amendments which will take some time. Hoversten noted amending the Comp Plan through a `health check' of the Comp Plan is a statutory process. Castellano asked if there is a moratorium, will this process be done in a year. Holt said the intent is to go quickly. McEnaney asked about the edits Landsman made regarding removal of the 10 units or less language. Landsman said the issue with the edits was in regards to the number of units and how that impacts the density issue the City was looking at. Landsman said the new language regarding pending developments presents an objective standard, noting it didn't control the larger impact but still met the intent of the City Council expressed at the work session meeting. Castellano said this wouldn't affect work taking place currently. Smith said the process will be determined at this meeting and the Council is required to hold a Public Hearing tonight, noting staff followed the procedures to notice the hearing properly. Smith noted there are two planning applications which are complete and aren't affected by the moratorium. Holt opened the public hearing at 7:37p.m. Jason Zattler, St. Bonifacius resident and owner of 2345 Commerce Blvd, said he is concerned about density and fully supportive of the moratorium. Jeff Meehan, Keller Williams Commercial, said he is here on behalf of Paul Meisel who owns land adjacent to the Dakota Trail. Meehan said Meisel has a signed purchase agreement for the parcels he owns from a new developer who has not yet made application and requests that the transaction be excluded from the moratorium. Mark Olson, Joshua Markham Builders, said he has a purchase agreement for the Meisel owned land adjacent to the Dakota Trail and plans to build multi -level owner -occupied townhomes. Olson said he built a similar project in St. Francis, MN and the 42-units sold out in two years. Olson said the location for the units is well suited to attract younger families to start and stay in Mound. Mark Olson and Hoversten showed the site plan for the project which is south of the Dakota Trail and west of Commerce Blvd. Olson's said his plan is for a 26-unit building of two story attached townhomes with tuck under garages. Olson said the plan is for three- and four -bedroom units for purchase with plenty of open space between the buildings. Olson said the units will all have three bathrooms with a laundry on the main level and a fire sprinkler system. Olson said the project in St. Francis appealed to new families, existing families with high school kids, and are a nice attraction for families who want a low maintenance lifestyle. Holt said the planning application has not been submitted but how long could it take for Olson to apply. Hoversten said Olson approached the City after the Council packet was sent to the Council. Olson said he wants to have a model ready for the parade of homes this fall and expects to be sold out and built Mound City Council Minutes — March 14, 2023 up by the fall of 2024. Holt asked Olson if he wanted to be excluded from the moratorium and Olson said yes noting he has been looking at the property for the last year and a half. Mary Davis 3021 Inverness Lane, asked if this is the first time staff has heard of this proposal. Holt said the Council has also just learned of the property sale. Claudia Lacy, Minnetrista, said she spoke with Meehan about the property and Holt said Joshua Markham Builders wants to be excluded from the moratorium. Lacy said the whole reason for the moratorium was this particular piece of land. Lacy said this is a beautiful part of town and wants it to remain that way. Lacy said she didn't want to be blindsided and wants the Council to think about Mound and the need for more exclusive housing and not starter homes. Holt closed the public hearing at 7:52p.m Larson asked what the two pending applications are. Hoversten said the NHH project involving the pending purchase agreement with the City for the Longpre property and the Commerce Place townhome project which has had Planning Commission (PC) review and is tabled at this time. Hoversten said another application involves the Dwayne Service Center on Commerce for a two -unit residential concept. McEnaney said she thinks the reason for a moratorium is due to the previous attempt to develop the Meisel property and this is why there should be a moratorium to study this for a year. Landsman said the moratorium is City-wide and includes any redevelopment in all areas of the City and does include the property which was brought forward in the public hearing tonight. Discussion ensued which included all multi -family housing being defined as row house, apartments and mixed -use dwellings as listed in the City Code but the moratorium will not affect single family home development. Hoversten noted City zoning rules narrows down where multi -family projects are allowed. Holt asked how long will it take to get the Comp Plan amended. Smith said she doesn't know quite yet but will move expeditiously. Smith said staff will need to study the issue and where the Council would like to allow multi units. Smith said this will be prioritized along with what components the Council would like to see. Hoversten said the amendment process must have review from PC and CC and after tentative approval by CC the process then goes to external agencies and then back for PC and CC review. Hoversten said this will start a discussion on density with the Metropolitan Council (Met Council) about its objectives and targets which cities need to meet, including how realistic the Met Council population studies for Mound are when the City does not have a large amount of buildable land. Hoversten said it is not practicable for developers to tear down single-family units in Mound in order to build multi -family housing and this conversation will be a start to the planning for the 2028 Comp Plan. Hoversten said the health check conversation will drive the statutory change to a completed Comprehensive Plan. Hoversten said staff understands the time urgency. Holt and Hoversten said they will need to expedite the health check and Hoversten noted a normal Comp Plan process is over three years. Mound City Council Minutes — March 14, 2023 Hoversten said the Met Council has a projection of population growth for the entire metro and for every community. Hoversten said the discussion on realistic growth should be in communities with space to grow which Mound does not have. Hoversten and Pugh said growth can have a negative impact on schools and other services. Discussion ensued on growth in neighboring cities with space and building in density in Mound to meet Metropolitan Council population projections. Hoversten said Minnetrista's growth could affect Mound's capacity to deliver services to Mound residents through the City's sewer, water and transportation infrastructure. Hoversten said the 2040 Comp Plan requires Mound to increase density and the health check looks at reigning in this portion of the Comp Plan. Pugh said cities in the first ring and inner ring suburbs have revised the look of their communities to include more dense housing which is more contemporary and is offered with more amenities. Mound said the City should make the argument that the wealthier communities around Mound should be a part of the Comp Plan review. Hoversten said the Met Council has expectations for growth which impacts a community's ability to get Met Council funding but noted Mound hasn't needed much of that funding in recent years. Hoversten said the Met Council is statutorily allowed to review the Mound Comprehensive Plan. Hoversten said meeting these growth requirements will most likely cause gentrification in Mound. McEnaney said she knows the Met Council is not flexible and could the City show it is fully developed. Hoversten said the City holds planning approval authority and it is the Council's decision which projects are built. Landsman said this is a good discussion to allow for a breather for the planning process to be reviewed, including the Comp Plan. Landsman said there needs to be education on the Met Council role and the City's jurisdiction over planning activity. Hoversten said the Met Council planning process and the Comp Plan were started by previous councils and Hoversten said the current CC has heard from residents on amending development proposals which have come before the CC. Landsman said the amendments to the City Code and the Comp Plan need to address whether there is sufficient infrastructure to handle growth with multi -family in the areas of water, schools, sewer and roads. McEnaney said the Met Council's drives the formation of Mound's Comp Plan. Hoversten said he doesn't think the population growth and job numbers for Mound were tested thoroughly enough. Hoversten said the health check and Comp Plan could be aligned to the needs of the community. McEnaney said this is a good time to test the projections of the Met Council. Hoversten said the City may be able to look at language on the density capacity issue to take on population growth. Hoversten said the amendments could be applicable to the Mound Marketplace area at Commerce Blvd and Shoreline Drive which is zoned commercial and the nearby mixed -use districts from Lake Langdon to Speedway. Hoversten said the Promenade District is mixed -use from Auditors and OLL to Bartlett which has a different density than in the other districts. Hoversten said the other mixed -use district is the Eden District from Shoreline Drive to Maywood Road. Mound City Council Minutes — March 14, 2023 Holt said during the last four years there have been development proposals that have come forward which the community didn't want. Holt said the Council doesn't need to go through the whole Comp Plan revision process but Holt said this is a density issue and the big thing is he doesn't want to sit on this for a year. Hoversten said the law said there is a process which the City needs to follow and the City will be hard pressed to get this process done in a year, noting the Met Council doesn't have to expedite their response to the City revision to the Comp Plan. Pugh and Holt discussed City density numbers and the cost of land per unit to which Holt said the Council is mostly concerned with density. Holt said the Met Council part of the process is what he worries about. Pugh said the Met Council could withhold funds from the City and Hoversten said the City doesn't participate in programs that the Met Council promotes in the Comp Plan. Hoversten said the Met Council Environmental Services (MCES) is completely separate from the Met Council regional planning for population growth and Hoversten said the City can frame up what to pick apart in the Comp Plan and what the City can do which is less resisted. Hoversten said the Council can look at the four districts mentioned about earlier and look at land use guidance tables to modify language in Comp Plan document so it portrays the community's vision for development but it is going to take some time. Pugh asked if the City has the capacity to move this forward quickly when the priority is the Water Treatment System and street improvements. McEnaney said the moratorium should be given a higher priority based on community input about development. Holt said if the Council does the Comp Plan review the development proposed tonight by Mark Olson would be put on hold for the year. Hoversten said density and numbers might not work as a benchmark as the Fern Project at Commerce Place adds high density if measure by acreage. Landsman said the Council can draw lines for specific projects and projects with complete applications as that is justified rationale for those to be exempted, but noted looking at specific properties or projects becomes more problematic. Hoversten said during the moratorium no projects will come forward but the Council can do the health check without the moratorium. Hoversten said the Council could entertain no new applications and take the time to sort out the City policy making role of the City Council. Holt said the City Council can deny or approve projects and Landsman said denials need to be done on a rational basis. Hoversten said there is no way to avoid impacting the proposal brought forward tonight. Larson said there needs to be a moratorium and it needs to be in place but if other people come to town she doesn't want them to go away. Larson said the density needs to be looked at and the impact to the Fire and Police departments. Larson said this will not be pleasant but the City needs to do the work as fast as we can. McEnaney said she is for the moratorium. Mound City Council Minutes — March 14, 2023 Pugh said the Council needs to have the hard conversation with the Met Council. Pugh said if the moratorium is for a year it is an obstacle to development. Pugh said she feels there should be criteria to allow development in the community. Pugh said the moratorium is a block and the Council has a responsibility to make a good judgement. Castellano said he could look at it in two ways as the health check can be done without the moratorium, stating he hopes the moratorium will get done in a year. Holt said he does want growth in town. Holt said the moratorium will allow the Council to address the density issue which residents do not want. Pugh said the Council has been elected and it is the Council's role to determine these projects. Castellano again noted the health check can be done without the moratorium and the extra time and work of the Comp plan review but he hopes it would make for better planning. Holt said he wants to hear from developers coming forward and the moratorium allows exploration of what density is appropriate for the town. Requested Actions: A. Approve interim ordinance establishing a moratorium within the City on land use and subdivision applications for the construction and development of multi -family housing MOTION by Larson, seconded by McEnaney, to approve the following Ordinance. Larson, McEnaney, Castellano and Holt voted in favor. Pugh voted no. Motion carried. ORDINANCE NO. 01-2023 INTERIM ORDINANCE ESTABLISHING A MORATORIUM WITHIN THE CITY ON LAND USE AND SUBDIVISION APPLICATIONS FOR THE CONSTRUCTION AND DEVELOPMENT OF MULTI -FAMILY HOUSING B. Approve resolution authorizing publication of an interim ordinance by title and summary, as it relates to establishing a moratorium within the City on land use and subdivision applications for the construction and development of multi -family housing MOTION by Larson, seconded by McEnaney, to approve the following resolution. Larson, McEnaney, Castellano and Holt voted in favor. Pugh voted no. Motion carried. RESOLUTION NO. 23-28: RESOLUTION AUTHORIZING PUBLICATION OF AN INTERIM ORDINANCE BY TITLE AND SUMMARY, AS IT RELATES TO ESTABLISHING A MORATORIUM WITHIN THE CITY ON LAND USE AND SUBDIVISION APPLICATIONS FOR THE CONSTRUCTION AND DEVELOPMENT OF MULTI -FAMILY HOUSING 10. Approve a Resolution Accepting Bid for 2023 Lift Station Improvements City Project No. PW-23-03 Simmons said the City received a number of bidders with the low bid comparable to the cost estimate, noting the low bidder Minger Construction is a preferred vendor who has done work in the City. Hoversten said there is $152K in additional City costs of materials provided to the contractor. Mound City Council Minutes — March 14, 2023 MOTION by Castellano, seconded by McEnaney, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-29: RESOLUTION ACCEPTING BID FOR 2023 LIFT STATION IMPROVEMENTS CITY PROJECT NO. PW-23-03 11. Approve Pavement Maintenance Program bids for 2023 (PW 23-06) Simmons said items 11A and 11 B go together as they are street crack sealing and seal coating which extend the life of the pavement. Simmons said these projects are related to street projects done in 2012 and 2019. McEnany asked about the lowest bidder, MP Asphalt Maintenance and why they were much lower than the other bids. Hoversten said they have done this work in the City previously and are located nearby. A. Approve Resolution Accepting Bid for the 2023 Crack Repair Project (PW 23-06) MOTION by Castellano, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-30: RESOLUTION ACCEPTING BID FOR THE 2023 CRACK REPAIR PROJECT (PW-23-06) Simmons said the low bidder for the seal coat is Allied Blacktop at $93,900 and recommends accepting this bid. B. Approve Resolution Accepting Bid for the 2023 Bituminous Seal Coat Improvement Project (PW 23-06) MOTION by Pugh, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-31: RESOLUTION AWARDING CONTRACT FOR 2023 BITUMINOUS SEAL COAT IMPROVEMENT PROJECT (PW-23-07) Holt noted page 557 of the packet is a letter from the attorney representing the City presenting the reasoning for the recommendation that the City not go forward with litigation with Northland Mound LLC. 12. Comments/Reports from Council Members: Council Member Pugh — Pugh commended the Mayor on his testimony at the MN House and Senate hearings. Pugh said she attended the Gillespie Center Annual Board Meeting. Pugh said she called every member of the MN Senate Committee and advocated for the full amount of funds for the Water Treatment Plant. Council Member Larson - Larson said she thanked the Mayor for his testimony at the MN House and Senate. Larson said she attended the last PC meeting. Council Member McEnaney — McEnaney attended her first PC meeting and talked to Smith about the City Design Standards Plan which was developed in 1991 to revamp the design directions to developers. Mound City Council Minutes — March 14, 2023 Council Member Castellano — Castellano said he is attending the Docks and Commons Commission on Thursday with training on Thursday morning. Castellano said he had a question about the crosswalk at a previous meeting and the status of the crosswalk study. Hoversten said Simmons will bring forward a proposed City Policy. Mayor Holt — Holt asked about City Manager update on the Dakota Trail crossing of Shoreline Drive. Hoversten said the Met Council will work on its own in the Shoreline Drive corridor. Hoversten said Hennepin County is going to do work on many bridges in 2023 and is looking at getting things done before the resurfacing of Shoreline Drive. Hoversten said the Dakota Trail crossing is slated to begin in the spring or early summer of 2023. Holt asked Smith who said the PC has applicants being interviewed next week. Holt said he and Hoversten met on March 6th with the Eli Hart Foundation (EHF) and Midwest Playscapes. Holt said it was a good meeting and Hoversten sent them renderings of the play structure at Surfside Park. Holt said the site can only be in the right spot and the right side. Holt said the EHF is planning a kid's fishing event on May 20th in collaboration with the MN DNR on the anniversary of his passing. Holt said he testified at the MN House and Senate and the bill passed the house with an allocation of $10.3million. Holt said the bill is now in front of the MN Senate for $36Million and Senator Kelly Morrison is confident the House bill will pass but not for the full amount. Pugh said there was the previous session's bonding bill for $1.6 billion which is being reconsidered and the cash bill from the state surplus is where're the $10.3 million came from for the Water Treatment Plant (WTP). Pugh said the bonding bill could also provide additional funds for the WTP. Holt said he spoke to the Midwest Assistance Group who help cities obtain Federal funding and an application for $4million for the WTF was submitted on Friday afternoon. Hoversten said the MN federal congressional delegation has projects which are intended for bringing funds back to Minnesota local communities. Hoversten said Congressman Phillips office is guiding the City application process for these funds for the WTP and it is on the list of the 15 Congressional earmarks by the MN representatives for 2024 funds. Holt mentioned he will be attending the Grandview Middle School DARE Graduation. Holt said he has noticed serious blight in the City, noting staff will work with the City Attorney to address. Hoversten said one of these properties is owned by a now deceased person which is in probate. Holt said the first Planning Commission meeting was recorded. 13. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten mentioned the following item: April 18 - Department Head Workshop Special Meeting at 6:30 B. Reports: League of MN Cities Insurance Trust Litigation Closure Report Mediacom Rate Change Letter MN Broadband Line Extension Program Handout IN Mound City Council Minutes — March 14, 2023 Harbor Wine & Spirits February 2023 Operations Report Castellano said if it was possible to see monthly or quarterly gross profits in the Harbor Wine and Spirits Report. Hoversten said he would look into this. C. Minutes: November 1, 2022 Planning Commission Meeting Minutes D. Correspondence: 14. Adjourn ACTION by Castellano, seconded by Pugh, to adjourn at 9:28 p.m. All voted in favor. Motion carried. A A Attest: Kevin Kelly, Clerk 19 Mayor Jason R. Holt