2023-05-09 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
May 9, 2023
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, May 9, 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 Administrative Assistant Jen Holmquist,
Community Development Director Sarah Smith, City Engineer Brian Simmons, City Attorney
Scott Landsman, Therese Frenette, Sheri Wallace, Jane Anderson, Sammy Krahl, Lisa and
Charlie Batchelor, Angela Saystrom
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 7:00 p.m.
2. Pledae of Alleqiance
3. Approve agenda
Hoversten noted the Orono Police report summary package for item 7 was sent out on Friday
and the addition of Items 4G & 4H for the two public gathering permits were also provided
electronically.
MOTION by Pugh, seconded by Larson, to approve the amended agenda. All voted in favor.
Motion carried.
4. Consent agenda
MOTION by Larson, seconded by Pugh, to approve the consent agenda. Upon roll call vote, all
voted in favor. Motion carried.
A. Approve payment of claims in the amount of $328,038.05.
B. Approve minutes: 04-25-23 Regular Meeting
C. RESOLUTION NO. 23-47: RESOLUTION APPROVING PERMITS FOR 2023 SPIRIT
OF THE LAKES FESTIVAL ON THURSDAY JULY 15, 2023 AND WAIVING FEES
DUE TO PUBLIC PURPOSE OF GATHERING
D. RESOLUTION NO. 23-48: RESOLUTION APPROVING PUBLIC GATHERING
PERMIT AND MUSICAL CONCERT PERMIT FOR SKATEBOARD COMPETITION AT
ZERO GRAVITY SKATE PARK ON SUNDAY, JUNE 25, 2023
Mound City Council Minutes — May 9, 2023
E. RESOLUTION NO. 23-49: RESOLUTION APPROVING EXPANSION PERMIT FOR
HOUSE REMODEL/ADDITIONS PROJECT AT 4919 THREE POINTS BOULEVARD
F. Approve Pay Request #1 in the amount of $278,886.11 to Bituminous Roadways, Inc.
For the 2023 Lynwood Watermain Improvements Ph 3, City Project PW-23-01
G. RESOLUTION NO. 23-50: RESOLUTION APPROVING PUBLIC GATHERING PERMIT
AND MUSICAL CONCERT PERMIT FOR MUSIC IN THE PARK SUMMER CONCERT
SERIES THURSDAY, JUNE 8, 2023, THURSDAY, JULY 20, 2023 AND THURSDAY,
AUGUST 10
H. RESOLUTION NO. 23-51: RESOLUTION APPROVING PUBLIC GATHERING
PERMIT AND MUSICAL CONCERT PERMIT FOR THE 2023 GILLESPIE CENTER
ROCKIN' THE BLOCK FUNDRAISER SATURDAY, JUNE 10, 2023
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Sammy Krahl Westonka High School Student Senate presenting a School Update
Krahl discussed recent activities and upcoming events at Mound Westonka Schools.
• Mound Westonka Student Senate hosted over 300 students for the State Student
Council and National Honors Society Leadership Conference on April 28-30.
• Two Mound Westonka students were elected to the state boards.
• The Junior Prom Committee completed plans for the 2023 Vintage Hollywood themed
prom. The grand march was held at the high school with approximately 120 students
participating. The dinner and dance were held at the Nicollet Island Pavilion. The
weather was not ideal, however, 345 students attended, breaking last year's attendance
record.
• Fourteen court members were introduced at the coronation held on Sunday, April 30.
• National Honors Society hosted their Induction Ceremony on April 26 at the Westonka
PAC. Seventy new members were inducted and 43 seniors were recognized.
• The Patrick Schoonover Heart Foundation partnered with the Be Like Tommy Project to
provide heart screenings to the community on May 6. The screenings were dedicated to
Tommy Nash, a former Westonka student who passed away from sudden cardiac arrest
in 2023.
Krahl shared some highlights from the elementary schools:
• Shirley Hills - 4th graders Youth Frontiers Kindness Retreat on March 22.
• Hilltop - Bike Rodeo on April 22 which included bike and helmet safety and a bike wash.
• Shirley Hills - Annual Carnival on April 14 included a silent auction, games, face painting
and bounce houses. The event raised over $30,000.
Krahl provided an update on middle school activity:
• The Grandview Middle School - 51h grade Math Masters competed against 22 teams in a
tournament in Burnsville on April 25. The Grandview teams earned the top 4 team spots
and 10 of the top 15 performances.
Krahl provided highlights on MWHS spring athletics.
Krahl outlined activities in the arts:
• Grandview Middle School wrapped up their production of Willy Wonka Junior. Next
year's musical will be Little Mermaid Junior.
• Community Theater held auditions for the summer musical Bye Bye Birdie with the
performance scheduled for July.
Mound City Council Minutes — May 9, 2023
• Krahl provided updates on the band and choir programs.
• Mound Westonka art students competed in the Minnesota State High School League
Visual Arts Festival.
Krahl highlighted various Mound Westonka academic achievements, to include improvement in the
attendance rate this year, a student earning a perfect score on their ACT and noting AP testing is in full
force right now.
Krahl provided an update on the Mound Westonka District:
• There is a Survey the district would like to have community members complete before the May
school board meeting.
• An anonymous donation cleared all negative lunch balances at Westonka and Our Lady of the
Lake Schools. All Westonka school students can receive breakfast and lunch at school with no
questions asked.
• A Staff Recognition event was hosted on May 3, including presentation of the Westonka
Teacher of the Year who is Shirley Hills Music teacher Mrs. Bra. Dr. Mike Schwartz was
honored with the 2022-23 Ann Bremer White Hawks award.
7. Orono Police Department Activities Report for April 2023
Orono Police Department (OPD) Sergeant Hennessey provided his report. Hennessey recognized
Deputy Chief Chris Fisher's upcoming retirement on May 28 and shared appreciation for his service.
Hennessey said there were 116 calls for service in the month of April. OPD officers are contacting
people who are fishing on private waters and along Auditor's Road in the Harbor District and educating
anglers where fishing is allowed.
Hennessey said the OPD is seeing increased calls regarding community members who are homeless.
OPD is partnering with WeCAN and other resources to help steer individuals down the best path for
help. Hennessey added a couple of DWI and narcotics arrests are still under investigation.
Pugh stated she has heard some positive things regarding the imbedded Social Worker and she
wondered if that individual could provide an update to the council. Sgt. Hennessey stated that Jen
Withrow is the Social Worker and Hennessey will extend an invitation to Withrow to address the
Council.
Hennessey noted many of the individuals they attempt to help are refusing the resources. Pugh
wonders if there is anything the City Council can do to encourage folks to accept help. Hennessey said
the majority of calls are reported by concerned citizens who are seeking help for others. Hennessey
said the OPD partners with agencies who have vouchers to get homeless people into a safe place for
the night.
Hennessey said the OPD received a donation of Holiday gift cards that can offer temporary help until
significant help can be found. Pugh asked if there are numbers for people suffering with food
insecurity. Hennessey does not have a number but noted the OPD checks in with those in need and
follows up to make sure their basic needs are being met.
8. Sheri Wallace Angela Saystrom and Jane Anderson presenting information on prepared
programming for The Harrison Bay Association June 3rd Rain Barrel Distribution Event,
Community Rain Gardens and Carp Mitigation Activities
Angela Saystrom said the Harrison's Bay Association (HBA) came before the City Council in December
of 2022 and received support to sell rain barrels which are sold out. Saystrom said the June 31 event
will be held at Veteran's Memorial Park during the farmer's market hours. Saystrom said there will be a
Mound City Council Minutes — May 9, 2023
demonstration on how to install the rain barrels and information on other water quality tips. Saystrom
added there will be fun kids' activities, giveaways, a landscaping walk, a turf truck from the University of
Minnesota Horticultural Science Department plus treats and coffee. Saystrom recognized local
sponsors who have donated money and supplies for this event.
Saystrom presented an overhead graphic which showed the pickup location at the parking garage and
the event activities at Veteran's Memorial Park. Saystrom said True Value Hardware has collaborated
with Minnesota Freshwater Water Stewards grant to provide all items needed to successfully install a
rain barrel. Saystrom asked if garbage and recycling containers could be made available for the event.
Hoversten stated he would look into it and let her know if it's possible.
Sherri Wallace of the Harrison Bay Association said the HBA won the Hennepin County Good Steward
Award Grant which is for $25,000. Wallace said Harrison Bay Association is required to provide a 25%
match on that grant which can be in the form of in -kind labor, donated services, etc. Wallace said HBA
is reducing the potential sites for community rain gardens from four to three with the goal to fully install
two rain gardens with a site plan design for the third, depending on what the budget will allow.
Wallace said the third site will be located on the Cardinal Lane Right of Way as that location gets the
highest amount of flow and the site has problems. Wallace said the HBA is hiring an engineer to
evaluate the site on Cardinal Lane with the goal that neighboring residents will take over ownership and
maintenance of the rain gardens. Wallace said HBA would like neighboring residents to sign
install/maintenance agreements where they are required to give their time and provide yearly
maintenance.
Wallace said the HBA has have hired Dave Poggi to prepare the site designs which will be reviewed
with the residents and be approved by the City, noting once the site designs are complete, HBA will
determine how much work can be completed with the existing funds. Wallace added that the landscape
design will be a 100% donation.
Jane Anderson gave an update on the carp problem in Harrisons Bay which is a follow up to the
presentation by Bart Holling in January. Anderson said HBA hired a company and 167 carp were
tagged and three antennas were installed last month which can track the movement of the tagged carp.
Anderson said six of the tagged carp were tracked swimming up Painters Creek last night. Anderson
said the HBA applied for a grant to remove the fish from three bays on Lake Minnetonka but no funds
were awarded to anyone this year and they will re -apply next year.
Anderson said there will be a bowhunting event on June 10th for hometown heroes including 120
veterans, retired firefighters and retired police officers who will set out in 40 boats to harvest carp.
Anderson said this event is expected to remove an estimated 14,000 pounds of carp.
Anderson said there are over 700,000 pounds of carp in Harrisons, Jennings and West Arm Bays and
the University of Minnesota says they have rarely seen an infestation this bad. Anderson said the
tagged carp will provide the location where they spawn so they can be netted in order to tag more fish.
Anderson said the fish are stunned then measured, weighed and placed back in the water.
Anderson said the U of M contacted HBA and want to use Harrisons Bay for a site experiment and
would like to tag 500 carp and install two feeding stations on opposite ends of the Bay. Anderson said
the U of M has chosen locations to try to acoustically condition the carp at the feeding stations with
under water speakers. Anderson said the U of M will set up the stations in June through mid -
September. Anderson said HBA is hoping to harvest the carp at the feeding locations before the U of
M finishes the experiment. Anderson said the HBA fundraiser is intended to pay for the Carp harvest.
Mound City Council Minutes — May 9, 2023
Anderson said the HBA hopes the University will provide community education, a Carp fishing tutorial
as well as updates on their experiment at the event.
9. Review Approve and Adopt Administrative Policy: Evaluation of Requests for Traffic
Control Changes within the Mound City Roadways, Trails and Pedestrian -ways System
Brian Simmons, City Engineer presented the proposed Traffic Control Policy as the City has seen more
requests from residents over the past several years. Simmons noted the requests are frequent enough
that a formal process should be in place for requests for traffic control and signage changes. Simmons
stated there are two guides staff are using to place signs; the Federal Manual for Uniform Traffic
Control Devices (MUTCD) and the State with its own MUTCD which is based on the federal guidance.
Simmons said there are two different types of signs:
• Regulatory Signs — which are required signs such as speed limit signs. Simmons said when a
sign change is considered a warrant is the process to determine placement and use. Simmons
explained that if an intersection has a 4-way stop and an entity wants to place traffic lights there
instead, the intersection would have to meet warrants.
Warning Signs — These are not required, such as, posting a lower speed when going around a
curve.
• Guide Signs - Signs related to way -finding such as the direction sign to find a highway.
Simmons said there are fewer rules about the placements of warning and guide signs with warning
signs often falling into a gray area. Simmons said this is opposed to entire books written on how to
place regulatory road signs which have a consistent standard and also guidelines from the MUTCD
which outline when an engineering study is warranted.
Simmons said the proposed traffic policy proposes a two-phase system.
• All traffic change requests will have staff do a Phase I study to determine if there are warrants
for that sign and whether it meets the MUTCD standards. This study will result in a yes, no or
more study required.
• Phase 2 would be a review at the direction of the City Council. Simmons pointed out that there
are examples of requested traffic control devices that are no longer in place which include
speed bumps, speed humps, stop signs or mid -block crossings and stop signs. Simmons said
many of these approaches have led to higher speeds on roads and many things that are meant
to improve safety don't have the desired effect. Simmons said "Children at Play" signs have
been shown to not have the desired effect.
Simmons believes this version of the traffic policy fits the current climate in Mound and what the
Council would like. Hoversten said the intent is to give structure and framework to discussions when
these items are brought up and allows for a consistent way to address them. Hoversten said people
tend to believe stop signs and crosswalks are helpful when they often have the opposite effect.
Hoversten added the traffic policy puts a framework in place to add consistency to the City response to
residents prior to those residents addressing the Council. Hoversten said the requests are placed on a
list, noting the policy doesn't cover speed studies which go to the OPD to review.
McEnaney wondered if there are certain areas in town where the calls requesting signage originate.
Mound City Council Minutes — May 9, 2023
Castellano stated he lives in an area with traffic problems and thinks the policy will be a time saver and
will provide information to residents on how the City will handle their specific issue. Hoversten said
there are 2-3 requests per year. Simmons said requests should be reviewed on an engineering level
and a policy will allow consistency and indemnify the City if the City follows the policy.
Larson asked how should Council Members respond to constituents when they have traffic control
questions. Simmons said an email or phone call to himself or Hoversten to start the process which will
include a meeting or phone call, noting a Phase I analysis can be completed without direction from the
Council. Simmons said the results of the review would be reported back to the Council in the form of a
memo that would go into the consent agenda or an email to the council and the requester. Simmons
added that the Council can inform residents that "yes, there is a policy for that and you need to call
these two people."
Holt stated he has fielded four calls this year already. Larson pointed out County roads are different
than our City roads to which Simmons confirmed the City only has authority over City owned streets.
MOTION by Castellano, seconded by Pugh, to approve adoption of the following policy. All voted in
favor. Motion carried.
ADMIN Policy 015: Evaluation of Requests for Traffic Control Changes within the Mound City
Roadways, Trails and Pedestrian -ways System
10. Consideration/action to approve revisions to ADMIN Policy No. 010 regarding evaluation of
request to consider sale release or conveyance (disposal) of City -owned, residential parcels of
land
Smith presented the re -review of the City policy regarding how with City will consider the sale, release
or conveyance of city owned land. Smith said the policy is geared toward residential lots that are
owned by the City and outlines a process where an individual can apply to have staff consider if a
parcel can be released.
Smith said there are a handful of undersized lots or lots encumbered by utility or drainage purposes.
Smith added there are shore land parcels which the City owns that are included in the City's shoreland
count and effects the Lake Minnetonka Conservation District (LMCD) license the City holds to operate
the dock program.
Smith said the intent of the policy is to have an evaluation of the parcels that asks the question if the
city is allowed to sell, convey or release that land. Smith said one of the goals of the policy is to get
underused parcels into in the hands of homeowners when it's appropriate, noting there a few
conforming, buildable lots and those parcels would be reviewed differently.
Smith said staff along with the City Attorney have established the following categories for the types of
lots, including city -owned undersized, city -owned buildable, or if there are restrictions such as
easements or lots extending to water.
Smith outlined the process would start with an informal review that requires a reasonable application
fee and escrow. Smith added these requests would be brought forward to the Planning Commission
and City Council as well as a determination of Comprehensive Plan consistency. Smith said the intent
is to streamline the process by making it understandable for residents and giving staff the ability to
respond to the requester by outlining preliminary fees and what the process would be moving forward.
Mound City Council Minutes — May 9, 2023
McEnaney wondered how many parcels are out there. Hoversten noted there are a handful that are
buildable by definition in the City Code but would be challenging in reality due to specific problems with
the parcels. Hoversten noted there are more of the smaller unbuildable lots which could be sold if the
proper easements can be provided.
Hoversten summarized the major pieces of this Policy include: Staff evaluation, Staff recommendation
to Council, Council approval or denial, and if approval is received, the process would move forward with
the Planning Commission and the City Attorney crafting a purchase agreement. Hoversten said this
policy specifically refers to residential neighborhoods as there are no eligible City -owned parcels in the
mixed use, industrial or commercial districts remaining.
Holt asked if the policy would have to go through a sealed bid process if there was only one party
interested in a property. Hoversten said if that information was presented to the City by the party the
City would take that into consideration when recommending how to sell the land. Castellano asked if
the land would need appraisal. Hoversten stated sometimes an appraisal is more expensive than what
the land is worth. Hoversten added that if an adjacent owner expressly states they are not interested in
purchasing there wouldn't be a bid process. Hoversten said if there is more than one party which
expresses interest in the property, the process would be the adjacent owner sale style. Hoversten said
one issue is that the other party doesn't always say they are not interested and this policy will then
need to be followed as outlined.
Holt clarified the surrounding properties will be notified. Hoversten confirmed they would get a minimum
of two notifications via mail. Holt asked if the owners would get a certified letter. Hoversten said no, we
don't do certified letters for planning type notices as certified letters are reserved for enforcement
activity. Hoversten said adjacent owners would get a mailed informational letter that the Council is
considering the sale of a parcel. Hoversten said the adjacent property owners would get a notice of the
Planning Commission discussion for Comprehensive Plan consistency as well as a notice of the City
Council final discussion on a purchase agreement.
Holt pointed out that if there is a public benefit maybe a parcel would not be offered for sale. Hoversten
said that public use would be part of the discussion. Castellano clarified this is just putting a policy in
place. Hoversten said the intent is to simplify the process. Landsman stated the Policy addresses how
is the property used to assist staff and Council in determining whether to sell it. Holt said the City is not
actively promoting the sale of land. Hoversten confirmed this and stated the Policy would establish a
way to determine if a parcel is eligible for sale.
Landsman noted the proposed Policy outlines how staff will do the review which Castellano noted it
would be reviewed by the Planning Commission and Council. Landsman said staff would review the
information presented and determine if the sale of land would be supported by the Policy. Landsman
said staff would determine this on a case -by -case analysis.
Larson wondered if this policy will come back to Council for final approval and Hoversten said the
Council could make amendments or table the discussion and bring the Policy back for review.
Larson asked if there is a state statute regarding City -owned parcels. Landsman noted under the
statute the City has the authority to buy and sell land without providing notice. Landsman said the
Planning Commission's review of proposals for consistency with the Comprehensive Plan is included in
this policy. Landsman noted under the state statute someone could request to purchase the land and
the city could sell it. Landsman added that the Policy puts in place the criteria to determine
appropriateness to sell property and to outline the process for doing so. Landsman stated this is a
Council decision and every request would be seen by the Council at least twice. Landsman said the
Mound City Council Minutes — May 9, 2023
first step is a request to see if the land will be considered for sale and if the Council said no, the
process is done. Landsman added that the Policy puts in place the procedure to determine who is
eligible for a certain parcel and gives notice to other potential purchasers and invites public
participation. Hoversten said this gives us the City the flexibility to determine each request on an
individual basis.
MOTION by Castellano, seconded by Pugh, to approve the following policy. All voted in favor.
Motion carried.
ADMIN Policy 010: Evaluation of Requests to Consider Sale, Release or Conveyance (Disposal) of
City -Owned Residential Parcels of Land
11. Comments/Reports from Council Members:
Council Member Pugh — The Park Commission is doing their annual inspections of City parks and will
report back at the POSC meeting this week.
Council Member Larson — nothing
Council Member McEnaney — she said she received comments regarding a specific business who is
letting the dandelions grow. McEnaney said property owners should put up a signs declaring they are
participating in "No Mow May." Holt wondered if the City had a policy. Hoversten stated that No Mow
May can be abused and may not be as sustainable or may not help the pollinators as intended.
Hoversten said there are other sustainable options which may be a better choice and the City Code
allows for eight inches of growth.
Council Member Castellano — Nothing
Mayor Holt — highlighted announcements from the May 4 Council workshop:
• Two new OPD hires and narcotics taken off the street.
Fire Department — New truck in September.
460 Fire Hydrants which need to be flushed.
Holt said he reached out to Senator Morrison who said she is working on getting the funding request
into the bonding bill. Holt suggested extra engagement from council members.
Holt said he spoke to Representative Meyers who is trying to do what he can. Holt had a breakfast
meeting with Congressmen Phillips and Holt stressed the importance of the City water funding request.
Holt said that Phillips stated that congressional spending on the federal side probably won't pass social
items but said infrastructure items have a better chance for funding. Holt said the ad for the City
Administrative Services Director position has been posted.
13. Adjourn
ACTION by McEnaney, seconded by Larson, to adjourn at 9:07 p.m. All voted in favor. Motion
carried.
A�k
Attest: evin Kelly, Clerk
Mayor Jason R. Holt