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2021-01-12 CC Meeting MinutesMOUND CITY COUNCIL MINUTES January 12, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 12, 2021 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, Sherrie Pugh, and Jason Holt Members absent: None Others present: City Manager Eric Hoversten, Fin Dir/Clerk/Treasurer Catherine Pausche, Community Development Director Sarah Smith, Building Official Scott Qualle, City Engineer Brian Simmons, Orono Sergeant Tim Sonnek, James Dolan, Tracy Reimann, Katie Holt, Pat O'Flanagan, Michael Bang, Michelle Herrick 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. Oaths of Office by City Manager Eric Hoversten A. Mayor Ray Salazar B. Council Member Paula Larson C. Council Member Jason Holt 3. Pledge of Allegiance 4. Approve agenda Hoversten noted the amended agenda for items 50 and 10. MOTION by Velsor, seconded by Holt, to approve the agenda. All voted in favor. Motion carried. 5. Consent agenda 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 $750,460.81. B. Approve minutes: 12-08-20 regular meeting and 01-05-21 Special Meeting C. RESOLUTION NO. 21-01: RESOLUTION APPOINTING PAULA LARSON AS ACTING MAYOR FOR 2021 Mound City Council Minutes — January 12, 2021 D. RESOLUTION NO. 21-02: RESOLUTION APPOINTING CITY COUNCIL MEMBERS AS REPRESENTATIVES OF THE CITY COUNCIL TO COMMITTEES AND COMMISSIONS FOR 2021 E. RESOLUTION NO. 21-03: RESOLUTION APPOINTING CATHERINE PAUSCHE AS THE ACTING CITY MANAGER FOR 2021 F. RESOLUTION 21-04: RESOLUTION APPOINTING FIELD OFFICER ANDREW DRILLING AS ASSISTANT WEED INSPECTOR FOR 2021 G. RESOLUTION 21-05: RESOLUTION APPROVING THE PURCHASE OF BONDING AS PROVIDED UNDER MINNESOTA STATE STATUTE 412.111 H. RESOLUTION NO. 21-06: RESOLUTION DISGNATING THE OFFICIAL DEPOSITORIES FOR 2021 I. RESOLUTION NO. 21-07: RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2021 J. Approve request for commercial kennel license for Mound Emergency Management Division, waiving the fee K. RESOLUTION NO. 21-08: RESOLUTION MAKING SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES L. RESOLUTION NO. 21-09: RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN) M. RESOLUTION NO. 21-10: RESOLUTION EXPRESSING SUPPORT FOR CDBG FUNDING OF SENIOR COMMUNITY SERVICES N. Approve Hennepin County Assessor Open Book Meeting for Monday, April 26, 2021 from 3:00 pm to 7:00 pm O. Approve Special Meeting Workshops in 2021 1) March 16, 2021 7:00 pm - Concurrent Planning Commission & City Council 2) April 20, 2021 6:30 PM Department Head Annual Reports to Council P. Approve appointment of Joanna Kahn to the Parks and Open Spaces Commission for a 3- year term January 1, 2021— December 31, 2023 Q. RESOLUTION NO. 21-11: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR 2021 MOUND POLAR PLUNGE AT SURFSIDE PARK AND BEACH ON SATURDAY, MARCH 6, 2021 AND REDUCED FEE R. Approve Pay Request #2 in the amount of $10,633.43 to Sunram Construction for the 2020 Retaining Wall Improvement Project, PW 20-02 2 Mound City Council Minutes — January 12, 2021 S. RESOLUTION NO. 21-13: RESOLUTION APPROVING THE CITY'S WELLHEAD PROTETION PLAN IMPLEMENTATION, AND APPROVING NOTICE TO ADJACENT LGUs 6. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 7. Orono Police Sergeant Tim Sonnek presenting the Mound activity report for December Sergeant Sonnek said there were 138 calls in December for Mound, including 42 medical, 4 citations, 4 auto accidents, 3 fire assists, 5 animal related and 2 death investigations. Sonnek said the officers will attend a training in Minnetonka to prepare for any civil unrest, noting none is anticipated. The Orono City Council had a public hearing about body cameras and dashboard mounted cameras, both of which were approved. Sonnek also noted some community relation initiatives have been reduced due to Covid-19. 8. Consideration/Action on Resolution Ordering the Abatement of a Hazardous Building at 5872 Glenwood Road in the City of Mound Scott Qualle, Building Official, said the property has been on MNSpect's radar for the better part of a decade, noting a water issue that escalated in late spring was brought to the Council in November. Qualle said an inspection indicated areas under floor and roof had been compromised after 5 years of vacancy. Qualle said the legal documents have been assembled and no further improvements have been made so Staffs recommendation is to proceed with legal action to abate. Velsor asked if the property owner has reached out as he was encouraged to contact a civil engineer at the last meeting. Qualle said owner has not reached out to Staff. Pat O'Flannigan, 5605 Cramer Road, said he had an inspection company look at it and they agreed it was repairable, noting he has not been able to have a civil engineer company accept a job of this size. O'Flannigan said he intends to repair and remodel this house and he will have a structural engineer evaluate it soon. Flannigan said he replaced half the roof years ago and intends to replace the other half. Flannigan said he would appreciate more time. Velsor said he is torn because he admits 60 days is not a lot of time but he questions why it was allowed to get to this condition and whether it is just cheaper to tear down and start over. O'Flannigan said structure is solid and weaknesses are minimal. Mayor Salazar said in November the owner's response was similar and Council Member Bergquist suggested he move the issue forward between then and now to show intent. Hoversten said the abatement order gives 30 days for the owner to remediate otherwise the city can proceed in requesting an abatement order. Hoversten said alternatively, the owner could seek a restoration agreement with the city where timeline and outcome expectations can be set to adequately addresses the public safety issue, just the same as a judgement, but gives the owner the option to pursue actions vs. city control and court costs. Mound City Council Minutes — January 12, 2021 Hoversten requested the Council approve the resolution to keep all options in play. MOTION by Velsor, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 21-12: RESOLUTION ORDERING THE ABATEMENT OF A HAZARDOUS BUILDING AT 5872 GLENWOOD ROAD IN THE CITY OF MOUND Larson clarified that the property owner could come back within the 30 days to propose a timeline/restoration agreement and it would be brought back to the City Council for approval. Hoversten agreed and noted an agreement allow city alternatives if the terms are not met and this resolution is for a municipally managed abatement through a court order. Hoversten reiterated the owner has the option to negotiate and should contact Sarah Smith if interested. 9. Discussion and action on a Resolution Approving Contract to Complete Small Area Planning Study for Public Space Improvements in Mound Harbor District outside budget Hoversten said he brought the site plan for the Harbor District and said Staff is requesting an unbudgeted expenditure to pay for a study to determine the best and highest use of the remaining public spaces. Hoversten said the proposal is modeled after the Surfside Park Master Plan, noting HKGi would design the study, meet with up to 6 stakeholder groups (developer, farmers market, Community Ed, etc.), bring back to the Parks & Open Spaces Commission (POSC) and staff the initial findings. From there a concept development to scale is made for 2-3 of the strategies before seeking public comments virtually or possibly through a workshop/open house. Hoversten said HKGi used online survey tools, social pin point, and on - site events for Surfside, noting the POSC and City Council gives approval for the final design. Hoversten said the Surfside Park Master Plan was $17K and the estimate is $25K for the Harbor District, which will depend on the level of feedback/need to sift and filter and amount of refinement. Hoversten said the City will be billed time and materials based on the existing rate structure and the timeline for completion is 6 months. Pugh asked whether or not HKGi would be able to advise on potential outside funding sources and Hoversten said that would be a task that could be added, but noted many programs are focused on nonprofit and youth activities. Larson said about the 'small area planning study' terminology in the contract and Hoversten said it is just a technical term to indicate something less than entire city, noting the study will address the entire public space of approximately 3 acres. Larson suggested a subcommittee be appointed to keep an eye on the project and suggested that be made up of Salazar and Pugh. Salazar thanked Larson for the suggestion and the Council agreed. Holt asked who is the consultant. Hoversten said HKGi is the planning consultant for Mound, noting they typically provide planning/land use services. Hoversten noted the BMI, the city engineering firm, or other firms could bid on this but HKGi are familiar with the space, community, and already have the GIS graphics. Hoversten said the Surfside Park Master Plan Mound City Council Minutes — January 12, 2021 process was well received. Holt suggested perhaps it could be done cheaper through an informal poll of residents, or alternatively seek and consider multiple bids. Salazar said he appreciated the financial concern. Salazar noted the Harbor District is a hot topic with a long history, noting it has also proved to be an emotional topic. Salazar said it is important a professional organization is used to make sure the process is done right. Salazar said he doesn't want to cut corners as the study needs to be complete and thorough. Salazar said there is a learning curve with taking it to the street and having an unknown bidder and that he thinks this is a fair estimate. Velsor noted Surfside was an existing park. Hoversten said his experience with professional consulting is that they all tend to use the same rates and if you request a not to exceed contract it tends to be padded to manage risk. MOTION by Velsor seconded by Larson. All voted in favor. Motion carried. RESOLUTION NO. 21-14: RESOLUTION APPROVING CONTRACT TO COMPLETE SMALL AREA PLANNING STUDY FOR PUBLIC SPACE IMPROVMENTS IN MOUND HARBOR DISTRICT OUTSIDE BUDGET 10. Mayor Salazar requesting discussion of snow clearance from Dakota Trail west of County 110/Commerce Blvd Salazar said he has had many discussions with the City Manager regarding trail maintenance, noting the City decided to plow from Seton Bridge to Commerce Blvd this past fall. Salazar noted COVID-19 increased the desire for outdoor activities. Salazar said Orono is clearing the trail through Spring Park and Navarre and Mound to Commerce and now people are asking to continue to Westedge. Salazar asked for it to be added to this agenda so that any decision would be as transparent as possible in case it creates an issue with snow mobile crossings. Salazar invited the City Manager to describe any considerations. Hoversten said his concern is primarily the tension between snow mobiles and walkers. Hoversten also noted it is Three Rivers' asset and he is concerned they are not funding the maintenance in any significant way thereby shrugging responsibility. Velsor asked if something could be set up with Three Rivers to continue these discussions. Salazar said he reached out to the city's Three Rivers Park District Board Rep Marge Beard in November to request more funds, noting she agreed to bring it up in the Spring budget discussions and also address the City Council. Pugh said there are many other topics that would be beneficial to address at any meeting with Three Rivers. Salazar agreed, including a discussion on trail signage. Salazar requested the City Manager ask Marge Beard to address the Council at a future meeting. Holt said he was very excited about the decision in November and thought we immediately need to go further. Hoversten noted they are working on power lines in that area right now. Pausche noted she was in Three Rivers dog park in Victoria and they are doing much more to groom the trails making them very suitable for cross country skiing and walking and that the city Mound City Council Minutes — January 12, 2021 should at least get quotes on outsourcing the maintenance if we take it over in order to manage city staff workload and also public expectations as to timing. Salazar said the trail is a destination and we may be able to attract people to our town year round if we maintain it. James Dolan, 2280 Cottonwood Lane, said he is a 54-year resident of Mound, noting he is a year-round trail user whom has talked to many others who use the trail. Dolan said he finds that winter users are from the west of Commerce (Highlands, Dutch Lake, Island Park) who either loop around Westedge Boulevard or drive to the trail. Dolan said when he saw the announcement in the fall about the east half, he called to request the west side as well to assist residents in light of COVID 19 restrictions. Dolan said the snowmobile crossings were the main reasons not to and he does not see that as an issue. Dolan said the only approved snowmobile crossing is at Cottonwood which has minimal use since there is no safe road access to Cottonwood Lane from surrounding neighborhoods, noting paved roads damage snow mobile tacks. Dolan said most users access Langdon closer to Westedge and not Cottonwood. Dolan said favorable wind conditions on this section of the trail minimize blowing and drifting of snow, noting the north side is well sheltered therefore plowing should be minimal. Dolan asked the Council to reconsider and approve plowing now, noting many older citizens would appreciate the opportunity. Larson said she agrees with everything Mr. Dolan said. Larson said she has interviewed people who have to stop at the bank, the majority of whom would appreciate the trail being cleared the rest of the way. Larson said cross country skiers can use Lake Langdon. Larson strongly recommends approving the decision to plow now. Larson said her company can give a quote on what it takes to plow it. Pugh noted that this discussion shows we are a year-round city and that we need to maintain it as such. Velsor said he is fine with plowing the trail. MOTION by Holt, seconded by Pugh, to direct staff to plow the Dakota Regional Trail west of Commerce to Westedge Blvd. All voted in favor. Motion passes. Further discussion concluded more has to be done to communicate snow clearing priorities, engaging Three Rivers and managing public expectations. 11. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Hoversten said Council and Planning Commission meetings will be in the PAC through end of February at a minimum with March and April to be determined, noting there are two special meeting workshops scheduled for March 18 and April 20. Hoversten noted City Hall will be cn closed January 18 Mound City Council Minutes — January 12, 2021 Salazar noted the return of the Special Olympics Polar Plunge on March 6 and said he plans on plunging with both the police and fire departments. Salazar said it is fun and a great cause and encouraged everyone to patriciate and/or support it. Larson said Hennepin County placed the stop signs in at CR 110 and Westedge. Hoversten said he got a call suggesting a roundabout but noted there is not enough area to accommodate. B. Reports: Liquor Store — December 2020 Finance — November 2020 C. Minutes: Planning Commission: 10-06-20 & 12-01-20 Regular Meetings D. Correspondence: Michael Bang, 5504 Spruce Road, said he moved from downtown Minneapolis and is loving the community. Bang said he is in the entertainment business and said fundraisers could help fund the park improvements, including an ice fishing contest during winter. Bain said he voted here and he complimented staff on handling a rather complex situation with COVID-19. 12. Adjourn MOTION by Velsor, seconded by Pugh, to adjourn at 8:41 p.m. All voted in favor. Motion carried. Mayor Raymond J. Salazar Attest: Catherine Pausche, Clerk