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2017-04-25 CC Meeting MinutesMOUND CITY COUNCIL MINUTES April 25, 2017 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 11, 2017, at 7:00 p.m. in the Council Chambers of the Centennial Building. Members present: Mayor Mark Wegscheid, Council Members Ray Salazar, Jeff Bergquist, Jennifer Peterson, and Kelli Gillispie Members absent: none Others present: City Manager and Director of Public Works Eric Hoversten, Director of Community Development Sarah Smith, Administrative Assistant Mary Mackres, Public Works Superintendant Ray Hanson, Paul Kaster, Laura Lloyd, Aubrie Gould, Dan Zellmer, Diane Brickley, Dale Copeman, Nicole Brodzik, and David Olson 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 Council Member or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Wegscheid called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance 3. Approve agenda Hoversten stated that Item 4e in the agenda should include the verbiage "and waiving fee due to public purpose of gathering." The resolution does include the terminology in its title. Hoversten noted this event coincides with school and baseball fundraiser and occurs on Wolner Field, therefore, no fees are charged. MOTION by Salazar, seconded by Bergquist, to approve the agenda with amendment. All voted in favor. Motion carried. 4. Consent agenda MOTION by Salazar, seconded by Gillispie, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $347,848.39 B. RESOLUTION NO. 17-54: RESOLUTION AUTHORIZING OUT OF STATE TRAVEL FOR PUBLIC WORKS EMPLOYEES FOR TRAINING C. RESOLUTION NO. 17-55: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR 2017 RIVER VALLEY CHURCH PICNIC AT SURFSIDE PARK AND BEACH ON JUNE 11, 2017 D. RESOLUTION NO. 17-56: RESOLUTION APPROVING MUSICAL CONCERT PERMIT FOR PRIVATE EVENT AT 1786 SHOREWOOD LANE ON JULY 1, 2017 Mound City Council Minutes — April 25, 2017 or, IrArAj o I • • - • • F. Approve a permit for a 1-4 day temporary liquor license for Fundraising Event at Mound American Legion on May 20, 2017 and Waiving Fee Due to Public Purpose of Gathering H. RESOLUTION NO. 17-59: RESOLUTION APPROVING MOUND FIRE RELIEF ASSOCIATION PERMITS FOR 2017 ANNUAL FISH FRY ON JUNE 3, 2017 AND WAIVING FEES DUE TO PUBLIC PURPOSE OF GATHERING 1. Public Gathering Permit 2. Musical Concert Permit 3. Seasonal, Banner and Portable Sign Permit 4. 1-4 Day Temporary On -Sale Liquor License 1. RESOLUTION NO. 17-60: RESOLUTION APROVING 2017 SEASONAL REQUEST FROM MOUND FARMERS' MARKET IN DOWNTOWN MOUND WITH REDUCED FEES DUE TO PUBLIC PURPOSE OF GATHERING J. RESOLUTION NO. 17-61: RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE AMOUNT OF $74,288.26 FOR THE 2016 LIFT STATION IMPROVEMENT PROJECT - LYNWOOD BLVD LS D2, CITY PROJECT NO. PW -16-05 K. RESOLUTION NO. 17-62: RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN PROPOSAL FOR CONSTRUCTION MATERIALS TESTING SERVICES, 2017 STREET, UTILITY AND RETAINING WALL IMPROVEMENTS 5. Comments and suggestions from citizens present on any item not on the agenda. Paul Kaster, lives on Casco Pt. in Spring Park but has a rental property at 1672 Eagle Lane in Mound. Kaster says that the neighbor on Finch Lane, which is above Kaster's property, added a garage. Kaster says that when this garage was built, the property owner on Finch did not backfill the side of the garage and this has since washed down into Kaster's property below. This happened last fall and Kaster says he has been working with the City Building Official, Stewart Simon, City Field Officer, and the contractor who built the garage. This problem has not yet been fixed. Kaster says the condition is getting worse. Kaster's renter would like to stay in the house but Kaster feels there will be a mold problem if conditions don't get fixed. A silt fence was put on one side of garage. According to Kaster's renter, every time it rains, water comes down into the background bringing with it mud. There is currently about 8-10" of mud in Kaster's backyard. Mayor Wegscheid and Salazar questioned if the runoff was also coming from the street. Kaster says the runoff is only from the back of the neighbor's garage. This property is 30' higher than Kaster's. Kaster stated this runoff was not happening prior to the neighbor's new garage being built. Kaster says there are approximately 7-10 yards of dirt down in his yard. Mound City Council Minutes — April 25, 2017 Mayor discussed with City Manager and Hoversten said he was not aware of this issue. The Mayor directed Staff to follow-up accordingly. 6. Action to approve minutes from 4/11/17 regular meeting MOTION by Salazar, seconded by Gillispie, to approve minutes from 4/11/17 regular meeting. Salazar, Gillispie, Wegscheid, and Bergquist voted in favor, Peterson abstained. Motion carried. 7. Dale Copeman from the Westonka Soccer Club presenting a donation for the parks Dale Copeman, 5600 Dutch Lake Court, Minnetrista, donated $500 to parks on behalf of the Westonka Soccer Club. Copeman stated that the Soccer Club is using Philbrook Park right now and they love it and thanked the City for the use of the park. Mayor Wegscheid thanked Copeman and informed the Council that Copeman had also been instrumental in raising funds for the soccer fields at the high school. 8. Planning Commission Recommendation A. Public Hearing for review of Conditional Use Permit (PC Case No. 17-05) Application requesting an amendment to allow outdoor dining area at Surfside Bar and Grill located at 2544 Commerce Boulevard Applicant: Dan Zellmer (on behalf of ENZ Properties, LLC) Sarah Smith presented an overview of the case for consideration and public hearing. The applicant is requesting amendment to the Conditional Use Permit (CUP) which allows operation of Class III restaurant at 2544 Commerce. The CUP was originally issued in 2014 to Cattails Kitchen and Cocktails. The property was then soldin 2016 to ENZ Properties in which applicant Dan Zellmer is a partner/owner. Smith said a condition in the original CUP resolution stated that if the proposed restaurant wanted to include outdoor dining an amendment to the original CUP was needed. Smith stated that from a procedural standpoint, an amendment to the CUP requires Planning Commission review before a City Council public hearing is scheduled as well as mailed notice to any properties within 350 feet of establishment. The Public Hearing is scheduled for review tonight. Smith stated that the current CUP allows for a Class III restaurant, which includes the sale of alcoholic beverages and live/prerecorded music. Smith said the proposed amendment would allow those activities to extend into the outdoor patio area. She added that the existing restaurant seating capacity doesn't change with this application though there will be an addition of 32 seats in the outdoor dining area. Smith said the additional seating would require an amendment to the owner's liquor license which is a separate procedure than this CUP amendment. Smith said the proposed area is in a conforming location and there would not be a net increase in hardcover. She said the allowable hardcover is 75% and outdoor dining is not creating additional hardcover. Smith stated the parking at Surfside is adequate for the site and the applicant has confirmed there are 70 parking spaces. Mound City Council Minutes — April 25, 2017 Smith says in regards to other activities this is an amended request, not a new one. She said the City Code requires amendments or new CUPs to be reviewed by the Planning Commission which was done earlier this month. Smith says the adjacent neighbors were notified of the Planning Commission review and one resident expressed concern with noise and other operational issues. Smith stated the Planning Commission talked about the sound system on the premises. She added the applicant subsequently met with neighboring property owners and addressed their concerns. Smith said the current CUP includes a provision that activities need to be consistent with Minnesota Pollution Control Agency noise standards. Smith says the hours of operation for the outdoor dining area were included in the planning report and the Planning Commission review was favorable. Smith said that if there are any noise -related issues, the CUP can be revisited and revoked if that is necessary. Smith added that in regards to design related items, the applicant is proposing to use a post and rope type component and not a fence, with a soft nautical type design, complementing the building's architecture. Smith stated an important item to note is that there needs to be only one entrance in/out to the outdoor seating and an updated site/seating plan needs to be submitted with the liquor license renewal application as well. Smith said the recommendation by the Planning Commission and Staff is for approval of the amendment to the CUP for outdoor seating. Mayor Wegscheid opens public hearing at 7:22 p.m., and with no public input closed public hearing at 7:22 p.m. Requested Action Approve Resolution Amending and Restating Resolution No. 17-24 Approving a Conditional Use Permit Application that Allows Operation of a Class III Liquor Service Restaurant at 2544 Commerce Boulevard MOTION by Salazar, seconded by Gillispie to approve resolution. All voted in favor. Motion carried. B. Public Hearing for review of Conditional Use Permit (PC Case No. 17-17) Application (PC Case No. 17-07) requesting an amendment to the Planned Development Area for the Indian Knoll Manor Apartment Remodel/Expansion and New Townhouse Construction Project located 2020 Commerce Boulevard and the property formerly located at 5524 Spruce Road Consideration of Variance Application (PC Case No. 17-18) Applicant: Blake Hopkins from Aeon (acting as Managing Partner of IKM Limited Partnership) 4 Mound City Council Minutes —April 25, 2017 Sarah Smith presented the application for amendment to the CUP for the property at 2020 Commerce Blvd. which includes the property at 5524 Spruce Road. Smith stated that this project was approved at previous meetings and a requirement of the project was to procure and obtain approvals for storm water and erosion control from the Minnehaha Creek Watershed District (MCWD). Smith said the review by MCWD found the existing storm water system which was proposed was not adequate to address runoff from the existing building. She added that Aeon had to go back and come up with an alternate solution that met the quality and quantity issues of the MCWD and due to those changes Aeon needed to request an amendment to the plan to accommodate the MCWD's request. Smith stated the original parking lot was proposed to be constructed with a pervious product but Aeon needed an alternate solution. Smith said the solution was an underground system underneath the parking lot which will handle all of the runoff, treatment, etc. and the pervious pavers cannot be used. Smith said the MCWD required new system changes has caused the hardcover count to increase in order to accommodate the underground system to handle the water for the entire project and as a result of these changes Aeon submitted the CUP for review with changed language in relation to the variance. Smith said these CUP changes required a public hearing to be held. Mayor Wegscheid opens the public hearing at 7:32 pm. Diane Brickly, 5514 Spruce, said she is happy the City is dealing with watershed issues as the street currently floods when it rains. Brickly mentioned some things about the construction site, including that neighboring property owners are not happy with the construction management. Brickly feels the workers should be cognizant of where they are throwing trash and cigarette butts. Brickly is also concerned with the parking because it is only allowed on one side of the street. Brickly is concerned about additional parking that will be used on Spruce Road once residents move in. Brickly would like Spruce Road to be a no parking area. Mayor Wegscheid closed the public hearing at 7:35 pm. Mayor Wegscheid asked the Aeon representative, Aubrie Gould, what the timeline was for implementation. Gould said the work should be done in the next couple of months. Requested Action Approve Resolution Amending and Restating Resolution No. 16- 82 Granting Approval of conditional Use Permits, Expansion Permits, and Variances for Indian Knoll Manor MOTION by Salazar, seconded by Gillispie to approve resolution. All voted in favor. Motion carried. 0 0 0 , . 1 0 0 1 ' a c I - C Mound City Council Minutes — April 25, 2017 C. Public Hearing for review of Conditional Use Permit Application (PC Case No. 17-09) to allow an Essential Service Building at Mound Public Works Equipment and Storage Yard. Applicant: Public Works Superintendent Ray Hanson (on behalf of the City of Mound) Sarah Smith presented plans for the public works storage yard. She said the CUP is a request for approval of an essential service building at the existing public works storage yard and noted that according to code, the land is zoned as Industrial, 1-1. Smith said the essential service building is necessary for the overall operations of the public works staff and this request qualifies as a necessity and would be exempt from design, bulk and setback requirements. Smith added this is a construction of a white membrane structure to provide all season containment and cover for items now stored in the open and the Planning Commission was favorable for approval. Mayor Wegscheid asked questions about the structure. Hanson said the structure would have a 16x16 center overhead door and on the right side there will be a man -way service door with no utilities to the structure at this point. Mayor Wegscheid asked about the timeline for the project. Hanson stated it should be done by the end of May. Gillispie asked what type of material this was. Hoversten said it was PVC impregnated canvass, which is more heavy-duty than residential type "hoop houses." Salazar asked what would be kept in the structure. Hanson said winter road materials would be kept in there. Bergquist asked what the life expectancy of the fabric would be. Hanson stated that it is 20 years. Hoversten said these types of structures last a very long time and putting up an engineered structure would cost close to seven digits. Hoversten said the this structure would cost around five digits. Mayor Wegscheid opened the public hearing at 7:47 p.m., and with no public input, closes public hearing at 7:47 p.m. Requested Action Approve Resolution Approving Conditional Use Permit Application for Essential Service Building at Mound Public Works Equipment and Storage Yard on Lynwood Boulevard MOTION by Salazar, seconded by Gillispie to approve resolution. All voted in favor. Motion carried. Willi • •-• Mound City Council Minutes — April 25, 2017 9. Information/Miscellaneous A. Comments/reports from Council Members Hoversten informed the Council of their role in the HRA and said if there are no agenda items pertinent to the HRA, a meeting will not be scheduled. Hoversten reminded everyone of the upcoming community events: April 27 - Community Prayer Breakfast May 20 - Mound Farmers' Market and More begins June 3 - Fire Dept fish fry. Tickets will be sold door-to-door by the firefighters. Tickets can also be purchased at City Hall. Proceeds from this event go to the relief and auxiliary who both make donations back to the department. Examples include ladder truck equipment that were purchased from relief and auxiliary donations. B. Reports: Mound Fire Department - March 2017 C. Minutes: Planning Commission - March 7, 2017 D. Correspondence: Invitation to May 2, 2017 Republic Services Grand Opening of the Eden Prairie Compressed Natural Gas -Powered Fleet and Fueling Station 10. Adjourn MOTION by Bergquist, seconded by Peterson, to adjourn at 7:51 p.m. All voted in favor. Motion carried. mo_,�Z_0_3 a Mayor Mark Wegscheid �— Attest: Catherine Pausche, Clerk