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2023-07-25 CC Meeting MinutesMOUND CITY COUNCIL MINUTES July 25, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 25, 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, City Planning Consultant Rita Trapp, City Engineer Brian Simmons, City Attorney Scott Landsman, Jackie Piepkorn, Delaney Parker, Larissa Sundell and Betsy Brady. 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 7:02 p.m. 2. Pledge of Alleqiance 3. Approve agenda Hoversten said there is an amendment, Item 4H, replacement pages 1562.1 to 1562.6 to the consent agenda. Hoversten said this is a reschedule of the Boat in Movie event at Surfside Park for August 4cn MOTION by Larson, seconded by Castellano, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Castellano, seconded by McEnaney, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $529,360.43. B. Approve minutes: 07-11-23 Regular Meeting C. RESOLUTION NO. 23-69: RESOLUTION APPROVING 1-4 DAY TEMPORARY ON - SALE LIQUOR LICENSE AND MUSICAL CONSCERT PERMIT FOR 2023 OUR LADY OF THE LAKE CATHOLIC CHURCH INCREDIBLE FESTIVAL TO BE HELD ON FRIDAY, SEPTEMBER 15, 2023 TO INCLUDE EXTENDED TIME PERIOR FOR MUSIC BEYOND 10:00 P.M. AND WAIVER OF THE MUSICAL CONCERT PERMIT D. RESOLUTION NO. 23-70: RESOLUTION APPROVING MUSICAL CONCERT PERMIT FOR PRIVATE PARTY AT 1700 SHOREWOOD LANE ON SATURDAY, SEPTEMBER 16, 2023 TO INCLUDE 3-PIECE ACOUSTIC (LIVE) MUSIC FOR 3:00 P.M. TO 7:00 P.M. Mound City Council Minutes — July 25, 2023 E. RESOLUTION NO. 23-71: RESOLUTION APPROVING SPEEDWAY LIQUOR LICENSE F. RESOLUTION NO. 23-72: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR 2023 WESTONKA COMMUNITY AND COMMERCE DOG DAYS SPECIAL EVENT AT SURFSIDE PARK AND BEACH ON SAURDAY, AUGUST 12, 2023 TO INCLUDE REDUCED FEE G. Approve Pay Request #1 in the amount of $84,040.44 to Allied Blacktop Company For the 2023 Seal Coat project, PW 23-07 H. Added. Approve amendment to public gathering permit for 2023 Spirit of the Lakes Boat in Movie for August 4, 2023 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Jenny Bodurka presenting highlights of the annual Tour de Tonka bike ride scheduled for Saturday, August 5, 2023 Jenny Bodurka, Minnetonka Community Education, gave a presentation on the Tour De Tonka (TDT) which will take place August 5cn Bodurka said this is the 18th annual ride and listed the following statistics: 53 legacy riders who have taken part all 18 years 41,390 total number of riders have taken part over the years • 301 miles of routes 44 states represented by riders since the beginning of TDT The TDT tag line in 2003 was "A community ride" The 100-mile ride option was added in 2010 Bodurka said the TDT routes travel through 25 communities, noting the event has many sponsors who provide support in many different ways. Bodurka said a U of M study on Bicycle Event visitors showed they spend an average of $121 a day. Bodurka said the TDT partners with the ICA Food shelf and has raised $97,000 over the years. Bodurka said the TDT added a Find the Medallion competition, which includes a free ride if you find one of the hidden Medallions. Bodurka said volunteers are wanted as the TDT needs over 600 volunteers to run the event, including for a rest stop at Bethel Church in Mound. Holt thanked the area Police Departments for protecting riders during the event. Bodurka said she is meeting with area Police Departments this week to work out the safety plan. 7. Planning Commission Recommendation — consideration/action to approve proposed Amendments to 2040 Mound Comprehensive Plan/Comprehensive Plan Health Check and Study Trapp presented the Comprehensive Plan (Comp Plan) Health Check Study which was precipitated by the moratorium on multifamily housing. Trapp said staff reviewed the Comp Plan and developed suggested amendments based on direction from the Council. Mound City Council Minutes — July 25, 2023 Trapp said at a joint meeting with the Council and Planning Commission (PC), it was decided that Mound is a fully developed community and there should be a reduced emphasis on redevelopment. Trapp said the vision was development will be limited to small site projects that are considered infill development. Trapp added the mixed -use districts will be maintained to provide flexibility to developers but with a change in focus. Trapp said the current focus of development from townhouses and row houses to large unit projects would be scaled down and reduced to eight units per building. Trapp said housing will change to focus on projects which have densities of 8-15 units an acre which is similar to the Villages of Island Park development model. Trapp said the changes to chapters of the Comp Plan include land use which supports more of a variety of uses and includes an emphasis on townhomes and row houses along with the existing multifamily apartments. Trapp said staff used 2021 population findings and updated projections for 2030 and 2040. Trapp said the health check allows for the use of 2021 data rather than data from 2016-2018. Trapp said the new projections based on 2021 data led to a change in persons per household in the City. Trapp said the suggested revision is to update household size from 2.09 to 2.25 for the 2040 Projection. Trapp said these projections are based on estimates in the new proposed multi -bedroom developments which would add more people per unit to new households. Trapp said the City will meet 2040 projections in population which is 9650. Trapp said the City doesn't need to meet the 2040 projection but the estimates need to be realistic noting there will not be consequences if future growth is different than projections. Trapp said the PC held a public hearing where no public input was offered but a map error was noted and corrected. Trapp said the PC voted unanimously to approve the proposed plan. Trapp said if the Council approves the amendment as drafted, staff will distribute the Comp Plan amendment to neighboring cities, school districts, Hennepin County, MN DNR, Minnehaha Creek Watershed District and MnDOT to review and have 60 days to respond. McEnaney said she feels the population estimate is too high for 2040. McEnaney said she is concerned the City Comp Plan amendment will not be approved by the Met Council. Trapp said the population estimates are based on established methods and the change in population projection in the Comp Plan is very similar to the existing Comp Plan. Trapp said from her experience the Met Council will accept the proposal. Trapp said the City is in the middle of the Comp Plan cycle and in 2027/ 2028 the City will need to revisit the next Comprehensive Plan. Hoversten said the Met Council is in a process of studying their macro projections and will revise their system statements. Hoversten said the thought process in the amended Comp Plan is consistent with the community that exists and the community the Council wants to maintain. Hoversten said the Met Council will look at the City methodology when doing their review. Larson asked what is the definition of the word `unit' in the Comp Plan. Hoversten said a unit can be any type of dwelling that contains a singular household. Larson said she is concerned about expanding units in the City. Hoversten and Trapp said this is a Council and PC decision to make as the number of units per development is approved through planning applications. Castellano said the approach to the Comp Plan amendment is what the Council had in mind Mound City Council Minutes — July 25, 2023 Hoversten said the next step is to give neighboring entities a 60-day review period, any comments of which will be shared with the Council or PC. Hoversten said the Council would then approve the amended Comp Plan and send it to the Met Council for their 60-day review. Hoversten said the numbers in the amended Comp Plan meet the system statements of the Met Council. Hoversten added the City is not changing the consequence of the plan as far as population but rather changing the character of how the Comp Plan projections are met. Requested Action: Approve Resolution approving 2023 amendment to 2040 Comprehensive Plan to clarify future mixed land use and authorizing distribution of proposed amendment to adjacent governmental units MOTION by Larson, seconded by McEnaney, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-73: APPROVING 2023 AMENDMENT TO 2040 COMPREHENSIVE PLAN TO CLARIFY FUTURE MIXED USE LAND USE AND AUTHORIZING DISTRIBUTION OF PROPOSED AMENDMENT TO ADJACENT GOVERNMENTAL UNITS PLANNING CASE NO. 23-10 8. Wilshire Blvd. Lift Station Design Re-evalution Presentation of Findings Brian Simons presented background on the reasoning behind the recommended redesign of the Wilshire Blvd. Lift Station in the interest of transparency and in response to concerns raised by adjacent property owners. Simons provided an overview of the City infrastructure which consists of: • 30 sanitary sewer lift stations with 24 now reconstructed. New lift stations are replacing old models built of metal materials, noting lift stations are critical to the City sanitary sewer system. • 47 miles of shoreline which impacts projects throughout the City. Ground water and lake levels mean additional work conditions that need to be navigated. • Simons said the engineering team strives for improved operations when designing replacements, including adding new generators for backup power which keeps sewage from backing up into homes. Simons said the new F-1 Lift Station at Lakewinds adds a retaining wall and new parking lot. Simons said the City attempts to build lift stations on public property or secures easements if they must be built on private property. Simons said another key consideration is to try to maintain the system in place during the build so avoid use of expensive pumping trucks during construction. Simons said the following site evaluation factors need to be addressed: • Safety for operating crews which need large vehicles to service lift stations • Off-street access needs for the safety of employees and the public • County permitting for projects in the County Right of Way • Watershed requirements • Local aesthetics with the best attempt to integrate with existing surface infrastructure Mound City Council Minutes — July 25, 2023 Simons presented three different site considerations which were reviewed by staff for the F-1 project. Simons said the sites that were considered are the current project site (#2), across the access road to Lakewinds (#1) and across the County Road (#3). Simons said site 2 was the most feasible and required only a single tier retaining wall. Simons said site 2 would be able to fit the generator in the same area as the pump and offer space for the vehicles needed to maintain lift station infrastructure. Simons added the retaining wall could be built higher with less excavation due to the type and size of building material. Simons added the retaining wall screening was reviewed and approved by landscape consultants which in addition to aesthetics will also help with noise reduction. Council agreed that this background was beneficial and they appreciate the effort to explain the thought process behind the lift station project decision. Hoversten said he would like to see the force main replacement work be completed during the bridge maintenance by Hennepin County to minimize the impact to Island Park residents. 9. City Manager Eric Hoversten requesting discussion and action on terminating the agreement with the Lake Minnetonka Communications Commission (LMCC) effective December 31, 2023 Hoversten said the Mayor and staff met with LMCC representatives to review the agreement and the request by the LMCC for the City to become a full member. Hoversten said the LMCC would like to receive all of the City's cable franchise fees. Hoversten said the LMCC staff video record Council and PC meetings and other activities in the City and school district and make available on government cable channels and the internet. Hoversten said the City is unique in that the City owns its own cable franchise and pays the LMCC for specific services. Hoversten said the City receives approximately $75K in cable franchise fees, pays the LMCC approximately $24K and retains the other $50K as general revenues. Hoversten said his suggestion is to inform the LMCC that the City will not be a full member. Hoversten said as the number of cable subscriptions declines cable fees are raised to maintain revenue, but the revenue has been and will continue to decline. Hoversten said if the City pulls out of the agreement with the LMCC at the end of 2023, the City will be responsible for recording, producing and publishing its meetings. Hoversten said the solutions are not in place but the LMCC has requested a decision by August 1st. Castellano asked where the revenue goes. Hoversten said the $50K goes into the City General Fund. Castellano asked Hoversten how meetings would be presented. Hoversten said the City would need to do the production to place meetings on YouTube, a City website link and/or use Mediacom cable, noting there isn't a requirement for the City to use cable systems for meeting publication. Pugh and Hoversten discussed remote meeting attendance and Hoversten said starting in August a Council Member can participate in meetings from a non -publicly accessible location. Landsman noted remote participation is only for medical reasons for up to three times a year. Hoversten said this virtual attendance at City meetings could be without opening up the space to attendance by the public. Holt said there are many other cities who are doing their own production and this change fits into the communication strategy of the Council. Mound City Council Minutes — July 25, 2023 MOTION by Castellano, seconded by Pugh, to follow City Manager recommendation to terminate the agreement with the LMCC on December 31, 2023. All voted in favor. Motion carried. Betsy Brady, 1361 Lake Drive, Chanhassen and former long-time Mound resident, presented an overview of the upcoming Dog Days Event at Surfside Park being held on August 12' from 9:00 a.m.- Noon. Brady said the event is being expanded to include other pets like cat vendors. Brady said the "Splash for Cash" event is being replaced with a "Dog Dune Dig" event where washed sand will be added to the beach and plastic toys buried in the sand for dogs to find. Brady said there will also be a Dunk Tank this year to help raise funds for the Eli Hart memorial playground at Surfside Park. Brady said the hours of the Dunk Tank will be from 9:30a.m.-1:30p.m. 10. Comments/Reports from Council Members: Council Member Pugh — Pugh attended the morning shift at Spirit of the Lake (SOTL) and thanked McEnaney for the story board of City utilities. Pugh said the Mound Farmers Market and More is lively and thriving and coexisting with the start of the Artessa development activity. Council Member Larson — Larson said the SOTL booth was a great idea and the Utility Story Board made by McEnaney was popular with residents. Council Member McEnaney — McEnaney said she was glad people liked the story board and appreciated working with Public Works on it. McEnaney said she received an email about traffic around Pine Road and Halsted Lane. Holt said he has requested the Orono Police Department patrol the area more regularly. Council Member Castellano - Nothing Mayor Holt — Mayor Update • Police Commission Meeting tomorrow to include discussion about jet ski rentals • Artessa Soil Melding Ceremony • AIS education at Surfside Park ongoing • Vision Arcade and Skateboard Shop - 1 S' year anniversary with business expansion • Westonka Library Community Engagement on July 18t"with another meeting this fall. Ideas for the building include an outdoor feeling with the building located closer to Commerce Blvd, noting the library could be closed for 1.5 years with an expected 2026 opening. • Spirit of the Lakes Event was a success • Holt said the City received a $47K Hennepin County Youth Sports Facilities Grant which will be a pass through by the City to the Eli Hart Foundation for the Surfside Park playground • Thanked McEnaney for sign at Harbor Wine and Spirits and for set up of booth and story board which was displayed at SOTL • National Night Out on August 1 It • Tour De Tonka — August 5th • Dog Days on August 12th • Sign up for Rave Mobile Safety alerts system Larson asked about marijuana law and dispensaries in the City. Landsman said there is licensing for low -dose THC in place and dispensaries would be licensed starting in 2025. Landsman said not to change the City Code until State agencies and the LMC look into the legislation. Castellano said where there is no alcohol consumption allowed the City could prohibit marijuana use in the same way. Hoversten said it not legal to sell but it is legal to consume in Minnesota. Landsman said the MN clean indoor air act is in place and the State is taking local control from cities. Hoversten said the idea is to create a standard across the state. Mound City Council Minutes — July 25, 2023 11. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Met Council Night to Unit on August 1st August 31-Met Council Site Restoration Project August 10th - Movie in The Park August 4th - Movie in the park August 12th - Dog Days B. Reports: Finance Department— June 2023 Fire Department— June 2023 C. Minutes: May 2, 2023 — Planning Commission D. Correspondence: Incredible Festival Flyer June 12, 2023 MCES April 20 Peak Flow Exceedance Notice June 30, 2023 2345 Commerce Blvd. Sidewalk Evaluation Delaney Parker, Mound resident, addressed the Council regarding bike safety in the City. Parker said she was hit by a car and her bike was run over. Parker said she would like to see safer crossings in Mound for pedestrians and bikers. 15. Adjourn ACTION by Castellano, seconded by Pugh, to adjourn at 9:06 p.m. All voted in favor. Motion carried. 7-- Mayor Jason R. Holt Attest: Kevin Kelly, Clerk