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2020-12-08 CC Meeting MinutesMOUND CITY COUNCIL MINUTES December 8, 2020 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 8, 2020 at 7:00 p.m. in the Westonka Schools Performing Arts Center in Minnetrista. Members present: Mayor Ray Salazar; Council members Phil Velsor, Paula Larson, and Sherrie Pugh Members absent: Jeff Bergquist Others present: City Manager Eric Hoversten, Fin Dir/Clerk/Treasurer Catherine Pausche, Community Development Director Sarah Smith, Planner Rita Trapp, Ben Landheuser, Jason Holt, Craig Piepkorn, Mary Perbix, Tom DeLacy, Tom Miller, Ben Landhauser, Allen Anderson, Nicholas Forystek, Jason Holt, Ken Piper, Tim Nichols 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. Pledge of Allegiance 3. Approve agenda Hoversten noted the title for Consent Agenda Item 41 should read 2020 Minnesota State Fire Code, not 2015, and noted additional pages for Agenda Item 6A 2559 A — C. MOTION by Velsor, seconded by Pugh, to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Larson requested 4F be pulled for discussion. MOTION by Larson, seconded by Velsor, to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $1,187,162.79 B. Approve minutes: 11-24-20 regular meeting. C. Approve appointments to the Docks and Commons Commission: 1. Linda Muller (Abutter) re -appointment to a 3 -year term 2. David Olson (Non -abutter) new appointment to a 3 -year term Mound City Council Minutes — December 8, 2020 D. Approve appointments to the Planning Commission: 1. Jason Baker re -appointment to a 3 -year term 2. Drew Heal re -appointment to a 3 -year term 3. Samantha Erickson new appointment to a 3 -year term 4. Allen Anderson new appointment to a 2 -year term E. Approve appointments to the Parks & Open Spaces Commission: 1. Travis Mills re -appointment to a 3 -year term F. PULLED. G. RESOLUTION NO. 20-115: RESOLUTION APPROVING CONTRIBUTIONS FOR 2020 H. RESOLUTION NO. 20-116: RESOLUTION APPROVING VARIANCE FOR 4820 CANTERBURY ROAD (PLANNING CASE NO. 20-23) I. RESOLUTION NO. 20-117: RESOLUTION AUTHORIZING THE ADOPTION OF THE 2020 MINNESOTA STATE FIRE CODE, INCLUDING APPENDIX CHAPTER D Approve Pay Request #1 in the amount of $94,135.97 to Sunram Construction for the 2020 Retaining Improvement Project, PW -20-02 K. Approve Pay Request #1 in the amount of $52,131.25 to Thul Specialty Contracting for the 2020 Manhole rehabilitation project, PW -20-04 4F. (Pulled). Approve Resolution designating ollin laces for 2021 Larson said she would like to go back to 4 precincts as the line at the Centennial Building was snaked around and she witnessed 5 people turn around and leave when they saw the line, 3 people who did not follow rules and cut in line, noting it took her 55 minutes to vote. Larson requested the City return to 4 polling places. Pausche acknowledged the lines were longer and it was fortunate the weather was really good, but said the decision was made because we are in the midst of a pandemic which is not over, noting the pandemic caused experienced judges to step down and required greater social distancing which was not possible at the smaller venues of Bethel and Mount Olive. Pausche said it is highly unlikely the city will host an election in 2021, so it really does not matter. Larson said she is afraid of setting precedent. MOTION by Larson to amend resolution to return to the original 4 polling places, seconded by Pugh. All voted in Favor. Motion carried. RESOLUTION NO. 20-118: RESOLUTION DESIGNATING POLLING PLACES FOR 2021 Mound City Council Minutes — December 8, 2020 5. Comments and suggestions from citizens present on any item not on theagenda. None were offered. 6. Planning Commission Recommendations A. Planning Case No. 20-20 Zvago Mound Harbor— Mound Harbor 2nd Addition Public Hearings — Major Subdivision -Preliminary Plat, Rezoning, Conditional Use Permit (CUP) for Planned Unit Development and Review/Consideration on Consistency Determination for Disposal/Sale of City Land Applicant: Ben Landhauser, Lifestyle Communities, LLC Owner: City of Mound Location: Northeast Corner of Auditors Road and Marion Street, south of Dakota Rail Regional Trail Trapp gave an overview of the project, noting units range in size in 1000 — 2000 sq. ft. with 1 bedroom, 2 bedroom and 2 bedroom + den. Trapp said outdoor amenities include two pickle ball courts. Trapp said Comp Plan designates area for mixed use and is part of Downtown Lakes District which calls for density of 8 —15 units/acre, noting the proposed 5.5 units per acre means there will be additional capacity in the district for other sites. Trapp said the site 2.35 acres which includes drainage and utility easements. Trapp said the rezoning requirements are typical which are granted through the Conditional Use Permit and this will rezone B1 Business to Pedestrian Planned Unit Development to provide flexibility. Trapp said the building follows angle of existing Auditors Road noting their will be no vehicular traffic on north and east sides and Marion Road will continue to exist. Trapp noted utilities are already established and hardcover is proposed at 60%, height 48 feet with flat roof. Trapp said there are 107 parking spaces including 71 in an underground garage, noting building material samples are available to view. Trapp said 42% of site will be remain open and 44 new trees will be added, noting HKGi landscaping design approved the plan. Trapp said proposed signage includes two monument signs and one building sign and noted proposed lighting is complementary to what is on the Andrews Sister's Trail. Trapp said agency review has taken place and there were no significant comments noted, noting all properties within 350 feet were notified and the hearing notice was published in the November 21" Laker. Trapp noted only one new comment has been received since the November 17th Planning Commission meeting which included concerns about the project and the need to be present in person. Trapp noted Mound Farmers Market and More were also notified. Trapp said the Planning Commission made an unanimous recommendation of all actions and additional recommendation to consider closing the east portion of Auditor's Road as one resident at the Planning Commission meeting recommended the parking was not need and more green space is preferred. Trapp said because that is not part of this project, it was made as a separate recommendation. Trapp said she can take questions and noted the applicant Ben Landhauser has a presentation as well. Ben Landhauser, VP of Development of Lifestyle Communities, gave background on other Zvago projects including Glen Lake in Minnetonka, St. Anthony Park in St. Paul and Central Village in 3 Mound City Council Minutes —December 8, 2020 Apple Valley. Landhauser reiterated their appreciation for this particular location based on what they know their buyers will be interested in, including walkability and being a Lake Minnetonka development. Landhauser walked through the layout for each level, noting many units will be able to have 2 parking places in addition to bike racks. Landhauser showed the level one common spaces, showed the level of finishes in each of the units based on owner feedback both in pictures and a video, and then the exterior finishes. Velsor said he liked the changes to the exterior finishes and suggested perhaps the flat white beam above the front porch could be softened and broken up through use of an arch where possible so as not to interfere with the screened -in porches. Velsor noted there would be other opportunities to comment on color or design. Salazar noted the Landings in Wayzata was suggested as a reference. Mayor Salazar opened the Public Hearing at 7:48PM. Mary Perbix, Mound Farmers Market & More (MFMM), 2900 Dickens Lane, asked if the MFMM will be able to take place at the same location in the Harbor District if this development is built. Perbix asked how is the construction of this project is going to impact parking as there was between 500 — 700 visitors on average in 2020. Perbix asked where the construction materials will be stored. Perbix said the market opens the weekend before Memorial Day and runs through October. Perbix said she needs to understand if they need to look for another location. Perbix asked about the condition of the land and whether environmental assessments have been done based on prior use. Hoversten said Outlot A's northern edge is bounded on the North curb line of old Shoreline, noting that although there will be construction, it is not the intent to displace the farmer's market. Hoversten said there will be a community engagement exercise on what the remaining public spaces should be that will include the MFMM as a key stakeholder. Hoversten noted MFMM is one of the draws that attracted the developer. Landhauser noted their typical contractor schedule is lam — 3:30pm weekdays until they are inside. Landhauser said they would not intend to use any area used by MFMM. Tim Nichols, President of Lifestyle Properties, reiterated that this is a major attraction they know their owners will be participating in eagerly. Mayor Salazar closed the Public Hearing at 7:59 PM. Pugh requested an amendment to the CUP resolution to 6Aiii. #5 conditions on page 2518 to include final landscaping plan review include review and coordination with the Mound Farmers Market & More. 4 Mound City Council Minutes — December 8, 2020 Larson noted she has been against this project for 22 years but with regard to the timeline she wanted to clarify that if the developer pulled out in the 180 days or for whatever other reason, she wants to know what happens to these resolutions with regard to recording/filing. Trapp said the resolutions have conditions that require certain milestones in order for the actions to take place. Reguested Actions i. MOTION by Velsor, seconded by Pugh, to adopt the following resolution. The following voted in favor: Salazar, Velsor, Pugh. The following voted against: Larson. The following abstained: None. Motion carried. RESOLUTION NO. 20-119: RESOLUTION APPROVING THE PRELIMINARY PLAT- MAJOR SUBDIVISION OF MOUND HARBOR 2ND ADDITION PLANNING CASE NO. 20-20 ii. MOTION by Pugh, seconded by Velsor, to adopt the following resolution. The following voted in favor: Salazar, Velsor, Pugh. The following voted against: Larson. The following abstained: None. Motion carried. RESOLUTION NO. 20-120: RESOLUTION APPROVING ORDINANCE NO. 04-2020 AMENDING THE MOUND OFFICIAL ZONING MAP TO REZONE MOUND HARBOR 2ND ADDITION FROM B-1 CENTRAL BUSINESS DISTRICT TO PEDESTRIAN PLANNED UNIT DEVELOPMENT DISTRICT iii. MOTION by Pugh, seconded by Velsor, to adopt the following resolution with an amendment to condition 5 to include language that says the review shall include input from the Mound Farmer's Market & More. The following voted in favor: Salazar, Velsor, Pugh. The following voted against: Larson. The following abstained: None. Motion carried. Larson noted she agreed that the Mound Farmers Market & More should have input. RESOLUTION NO. 20-121: GRANTING APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR MOUND HARBOR 2ND ADDITION PLANNING CASE NO. 20-20 iv. MOTION by Velsor, seconded by Pugh, to adopt the following resolution. The following voted in favor: Salazar, Velsor, Pugh. The following voted against: Larson. The following abstained: None. Motion carried. RESOLUTION NO. 20-122: RESOLUTION APPROVING DISPOSAL / SALE OF CITY PARCEL IDENTIFIED AS OUTLOT A OF MOUND HARBOR PLAT AND DETERMINATION OF CONSISTENCY WITH THE 2040 COMPREHENSIVE PLAN B. Planning Case No. 20-19 Remote ATM Installation for US Bank, 2141 Commerce Boulevard, in Mound Marketplace Parking Lot Public Hearing — Conditional Use Permit (CUP) Mound City Council Minutes — December 8, 2020 Applicant: Ken Piper, Tanek, Inc. on behalf of LS Capital Trapp showed a map of the approximate location of the remote ATM that will replace a landscaping island. Trapp said there is a Condition Use Permit (CUP) for the development in place and the action tonight would be to amend the CUP. Trapp said the development will more than meet the current City Code parking requirement even with the reduction of 5 spaces. Trapp noted the Minnehaha Creek Watershed District (MCWD) noted concern with the increase in impervious pavement and the applicant will remove a portion of sidewalk near Scotty B's to compensate. Trapp said the Mound Fire Department request for three to four feet of clear space around the fire hydrant has been made a condition. Trapp said the Planning Commission recommended approval with the additional condition that if the bank is no longer a tenant, the area would need to be returned to the original state, which was also added to the conditions. Salazar asked about the Christmas tree lot and the applicant said the location was selected based on distance from other businesses and because of the wider drive aisle. Ken Piper, 118 E 26th Street, Minneapolis, said he is here to represent owner L.S. Capital. Piper noted the ATM accommodates people who otherwise can't bank inside the branch. Piper said 113 sq. ft. of sidewalk will be removed to accommodate the request from MCWD and the landlord does not expect it to impact any existing uses. Velsor asked if they considered adding another island instead of the sidewalk removal. Piper said based on snow stacking and traffic flow it was not considered. Mayor Salazar opened the Public Hearing at 8:22PM and upon receiving no comment, closed the public hearing. Requested Actions i. MOTION by Larson, seconded by Velsor, to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 20-123: RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW INSTALLATION OF A REMOTE ATM WITHIN THE EXISTING PARKING LOT OF MOUND MARKETPLACE PLANNING CASE NO. 20-19 7. 2021 Final Budget and Leyy Discussion/Approval Pausche presented an overview of the proposed final 2021 budget and levy, noting it is essentially the same as what was approved in September 2020, including a 5% increase to the overall levy, utilization of $393,922 of general fund reserves, and $775,000 for funding the capital reserve accounts. Pausche stated that the City tax rate is going down due to an increase in the tax base, noting the rate will change from 42.2% in 2020 to 40% in 2021. Pausche went on to explain some of the highlights to the City funds and expenditures. Pausche stated the only change to the fee schedule for 2021 was the 3% sewer rate increase. Mound City Council Minutes — December 8, 2020 Mayor Salazar asked if there was anyone in the audience whom would like to comment on the budget or levy. None were offered. A. MOTION by Velsor, seconded by Larson, to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 20-124: RESOLUTION ADOPTING FEE SCHEDULE FOR 2021 B. MOTION made by Larson, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 20-125: RESOLUTION APPROVING A LEVY NOT TO EXCEED $248,555 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2021 C. MOTION made by Velsor, seconded by Pugh to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 20-126: RESOLUTION APPROVING THE 2021 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $5,756,287; SETTING THE FINAL LEVY AT $6,291,097; AND APPROVING THE OVERALL FINAL BUDGET FOR 2021 8. Council action on the Fifth Amendment to the Employment Agreement with City Manage Eric Hoversten MOTION by Pugh, seconded by Velsor, to approve the Fifth Amendment to the Employment Agreement with City Manager. The following voted in favor: Salazar, Velsor, Pugh. The following voted against: None. The following abstained: Larson. Motion carried. 9. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Salazar acknowledged outgoing Council Member Jeff Bergquist who has served since 2016, noting he also was a Planning Commissioner 5 years before that. Salazar said Bergquist served as Acting Mayor, liaison to the Parks & Open Spaces Commission (POSC), Fire & Police Commissions, and Budget Committee. Salazar said Bergquist is an outstanding Council Member, leader and patriot and we wish him the best. Velsor said here, here. Salazar noted Planning Commissioners Dave Pelka and Sue Pilling, Dock Commissioner Jim Funk and Jodi Smith from POSC are stepping down and he wishes them all the best as well. Salazar thanked all those that served noting it is a lot of work but a lot of fun and he wishes them the best of luck. Salazar wished everyone a Merry Christmas and Happy New Year and hopes 2021 is a better year. Salazar noted Hennepin County agreed to put up stop signs at the CR 44 and 110 intersections. Hoversten said at least temporary signage will be in place shortly and the major change is for the unprotected left turns from 110 to CR 44. Hoversten noted there is no meeting on December 22nd and January meetings will be held here at the PAC. Hoversten noted City Hall is closed December 24, 25, and 31 and January 1't Mound City Council Minutes — December 8, 2020 B. Reports: Finance Department — October 2020 Liquor Store — October 2020 Liquor Store — November 2020 Orono Police Department — Mound Activity Nov 2020 C. Minutes: Docks & Commons Commission —September 17, 2020 D. Correspondence: Mediacom Rate Adjustment Notice —11-18-2020 10. Adiourn MOTION by Velsor, seconded by Larson, to adjourn at 8:50 p.m. All voted in favor. Motion carried. Mayor Raymond J. Salazar Attest: Catherine Pausche, Clerk