2021-03-09 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
March 9, 2021
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, March 9, 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, Community Development Director Sarah Smith,
Administrative Services Coordinator Kevin Kelly, City Engineer Brian Simmons, Terry & Linda
Olson, Emily Colestock, Rodney Beystrom, Veronica Anderson, Jeff Prieve, Mark McGlinsky,
Steve Lynch, Liz Vandam, Betsy & Greg Hedding, Jason & Tirisha Dirks, Eric Schmidt, Douglas
Williams, Margo Williams, Jackie Piepkorn, Sam Erickson, Johan Chemin, Brian & Kathleen
Olesinksi, Betsy Grady, Danielle Rousselange, Dane Vocelka, Tim Lee, Kaila Hage, Kelly
Jaworksi, Paul Levin, Irene Knott, Scott Gregory, Karla Johnston, Troy Jordan, David Holl, Katie
Holt, Drew Vocelka, David Lambert, Sam Steadman, Christine Lambert, Justin Dale and PJ
McDead.
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 7:02 p.m.
2 Pledae of Allegiance
3. Approve agenda
Larson requested Item 4E be pulled from the consent agenda for discussion. Hoversten noted
amendments to the agenda include new Item 5.1 — requested action on a Resolution of
sponsorship as related to the Westonka Historical Society, and additional comments for Item
7a.; Proposed tattoo studio.
MOTION by Velsor, seconded by Pugh, to approve the amended agenda as amended. All
voted in favor. Motion carried.
4. Consent agenda
MOTION by Larson, seconded by Holt, to approve the consent agenda as amended. Upon roll
call vote, all voted in favor. Motion carried.
A. Approve payment of claims at 3-12-21 meeting
B. Approve minutes: 2-23-21 regular meeting
C. Approve Pay Request #3 and Final in the amount of $17,315.92 to Widmer
Mound City Council Minutes — March 9, 2021
Construction for the 2019 Fernside Forcemain Improvement & Bay Ridge Sewer
Service City Project PW-19-03 & 09
D. Approve Pay Request #2 in the amount of $207,352.03 to Metropolitan Council
Environmental Services for the 2018 Street, Utility, and Retaining Wall
Improvements — Westedge Blvd, PW-18-01
E. Pulled
4E. (Pulled) Approve Resolution 21- Amending Resolution No. 19-80 that approved
vacations in Mound Harbor District (Planning Case No. 19-06)
Larson asked for clarification on item 4. E, the Mound Harbor vacation resolution. Smith stated
this item is a housekeeping matter with Hennepin County in order to clarify the description of
easements and uses vacated under the original Resolution.
MOTION by Larson, seconded by Holt, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21-23: RESOLUTION AMENDING RESOLUTION NO. 19-80
THAT APPROVED VACATIONS IN MOUND HARBOR DISTRICT
PLANNING CASE NO. 19-06
5. Comments and suggestions from citizens present on any item not on the agenda.
Johan Chemin, 6039 Beachwood Road, requested that all meeting attendees follow the mask
wearing mandate and be respectful to everyone. Doug Williams, 5479 Lost Lake Lane, stated
he wanted to address Item 7 on the agenda.
5.1 (added) Liz Vandam on behalf of Westonka Historical Society requesting action on a
Resolution of Sponsorship as Related to the Westonka Historical Society
Vandam said this resolution would allow the Westonka Historical Society (WHS) to further and
more broadly pursue State grant funding for museum improvements.
Vandam stated she is a volunteer at the WHS which curates the history and culture of the
communities of Spring Park, Minnetonka Beach, Navarre, Orono, Minnetrista and Mound.
Vandam said the WHS entered into a discussion on the potential co -location of WHS and the
Westonka Hennepin County Public Library in Mound. Vandam is seeking City sponsorship to
secure funds, and, if awarded, to be named the bonded recipient agent for those funds.
MOTION by Pugh, seconded by Holt, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21-24: RESOLUTION OF SPONSORSHIP AS RELATED TO THE
WESTONKA HISTORICAL SOCIETY
6. Orono Police Sergeant Tim Sonnek presenting the Mound activity report for February
Hoversten stated Sergeant Sonnek was not able to be present at the meeting and will be asked
back at the next Council meeting in March.
7. Planning Commission Recommendation
A. Consideration of request for evaluation of tattoo studio as substantially similar use at
Mound City Council Minutes — March 9, 2021
5439 Shoreline Drive in Lost Lake commercial building as provided by City Code Sec. 129-71
Applicant: Dane Vocelka
Owner: Samuel C. & Shea F. Steadman
Smith presented an overview of the applicant Dane Vocelka's request for a Substantially Similar
Use Determination to allow for the operation of a tattoo studio business at the Lost Lake
commercial building which also holds Caribou Coffee. Smith noted the packet includes
additional comments from Steve Johnson of the Lost Lake Villas Home Owners Association
(HOA) for the Council's executive consideration of the matter.
Smith stated the Planning Commission has reviewed the application materials from Vocelka and
has reviewed the zoning code land use table to determine the use of a tattoo studio is
substantially similar to retail sales and service which are allowed uses. Smith added that the
property owned by the Steadmans currently houses the Caribou Coffee Shop and a dry cleaner
business. Smith said the location of the proposed tattoo studio is in the western portion of the
building which has held a Chiropractic business and a health boutique retail business. Smith
stated tattoo businesses are licensed by Hennepin County.
Smith added that staff feel the use is appropriate and substantially similar to over the counter
retail business activity. Smith added the Planning Commission approved the use at the
February 2nd meeting and concludes that the tattoo studio is similar in use to those allowed in
the Pedestrian PUD district. Smith said the Planning Commission agreed that the tattoo studio
is a permissible retail sale and service use and is similar to a nail salon as the proposed
business is a small in scope tattoo studio. Smith said the business will have only three or four
employees and will be a retail store which will also sell art supplies and custom fishing guide
services. Smith noted there is no requirement for a public hearing on this matter but did mail a
notice to neighbors as a courtesy.
Smith said the packet includes the draft resolution with staff and Planning Commission
recommendations and noted the 60-day agency land use approval/denial clock is nearing its
end.
Dane Vocelka, 236 25th Street SE of Buffalo, Minnesota, addressed the Council by stating he is
an ambitious business man who will strive to keep the business small and private. Vocelka said
he has lived on Wilshire Blvd. in Mound previously and the space is a great fit for him and he
would love to work with everyone in the community. Vocelka said in addition to the tattoo studio
his business would offer services to professional' artists and also fishing guide services.
Vocelka added he would keep the exterior of the building professional and tasteful.
Pugh asked Vocelka what kind of traffic would the business add to the coffee shop area and
how many clients per day would he work with. Vocelka said a typical work day would include
one or two clients. Vocelka added that due to the Governor's Executive Order only one
customer could be present with no more than two artists at a time. Vocelka said client
information is exchanged through phone calls or remote email consultations and he added he
liked to be home with his family at night.
Doug Williams addressed the Council by stating he didn't get enough advance notice of the
meeting to prepare comments. Velsor stated the HOA was informed about the meeting so why
did they submit input to the agenda so late in the process. Williams said he was traveling at the
time and didn't have the access to visit with HOA members.
Mound City Council Minutes — March 9, 2021
Doug Williams stated he is the President of the Lost Lake Villas HOA and lives at 5479 Lost
Lake Lane. Williams said the HOA Board called an emergency meeting to declare unanimous
opposition to the tattoo studio and would like to delay a decision of the Council as the HOA
believes the tattoo studio is not substantially similar to other allowed uses and that tattoo
businesses are regulated in the Adult Business portion of the City Code and should not be
located within 200 feet of a residence. Williams said at least seven residences are within 200
feet and the first thing you would see when entering the Villas is a tattoo parlor. Williams added
the business is literally within 83 feet of our backyard.
Velsor asked Williams what other uses Williams ascribes to the tattoo studio. Williams
answered it is equivalent to massage parlors and suggested another location for the business
within the City.
Velsor asked Williams what he thinks the problem is going to be with the tattoo studio and
Williams stated that their real estate investment value will decrease and the HOA members are
primary investors in the Lost Lake Harbor area.
Velsor and Holt both stated the proposed tattoo studio is not a derogatory business but it is
good to have a community discussion to allow input.
Williams said tattoo parlors are regulated by the state as an adult service and that Vocelka's
tattoo business has been rejected by other business properties in town. Williams added that the
City Lost Lake slips can't be used to conduct business such as bringing in fishing boats.
Williams said the Caribou Coffee already attracts boat trailers to the area and customers are
parking in private areas of the HOA property.
Williams again requested to table decision to the next Council meeting.
Salazar asked for a continuance to the March 23`d meeting. Salazar stated that it is only fair to
hear their disagreements. Larson said she is in agreement to wait until the next meeting and
Velsor said this will give Vocelka time to prepare as well. Pugh agreed to table the discussion
and said the HOA should meet with the business owner. Holt said the Planning Commission
heard Vocelka speak and wished he would have done more of the same pitch at this Council
meeting. Holt said there have been three different businesses within the same space at the
building and he wants to see a respectable business. Holt said one of the former businesses in
the same space was a CBD retail store which he considers a similar business to the tattoo
studio.
Salazar added the tattoo industry has vastly changed over the years and people are getting
tattoos for many reasons including honoring loved ones and it is not the Council's decision to
determine if tattoos are good or bad.
Salazar would like to give the HOA time to respond and prepare an argument and also allow
Vocelka an additional opportunity to speak.
MOTION by Larson, seconded by Pugh, to continue the agenda item to the next Council
Meeting, All voted in favor. Motion carried.
Mound City Council Minutes — March 9, 2021
8. City Engineer Brian Simmons presenting on City Water System and Water Quality
Brian Simmons, City Engineer, Bolton and Menk, presented to the Council "The State of Our
Water." Simmons said the main goals of the City in regards to water service are to be reliable,
affordable and safe.
Simmons gave an overview of the water distribution system of the City. Simmons said there are
currently two active wells, two towers and 48.5 miles of distribution pipes which were installed in
the 1950-60's and have been either rebuilt or rehabbed since then. Simmons added the City
has been making improvements to the City water system since 2007 to improve water flow
throughout the system but especially to the Island which now has three water connections
versus one when the improvements began. Simmons said the improvements have produced
better water flow which assists fire protection services as well.
Simmons said these long-term commitments made by the City to improve infrastructure, service
and supply has affected water rates as increases were used to fund the improvements.
Simmons said another duty of the City is to provide safe water to residents and to treat and test
the water supply at required intervals and report findings to the State. Simmons said those
reports include testing for lead and copper content and the chlorine and fluoride treatment to the
water supply. Simmons said there is iron and manganese which is naturally in the aquafer and
causes the discoloration of the water in some homes in Mound.
Simmons stated that testing for manganese has recently begun to be required by the State and
in December testing revealed that City wells number 3 and 8 were found in to be above
standards and in subsequent January and February resampling found elevated levels of
manganese. Simmons said the Minnesota Department of Health has determined through
scientific research that manganese exposure over long periods of time can have negative health
effects. Simmons added that manganese is not regulated presently but the State made the
recommendation to the City to communicate the manganese issue to water users and offer
solutions to mitigate those effects. Simmons said the State recommendations are the use of
home water filters and the use of bottled water for infants.
Simmons said the long-term treatment of the problem can be addressed through home
treatment such as reverse osmosis filters or at the source by municipal treatment. The
treatment options would also remove iron which contributes to water discoloration.
Simmons listed the Cost and Treatment options facing the City:
• Reverse osmosis home treatment finished by residents - $250-2,000
• Centralized Treatment plant — $40-50 Million
• City construction of two filtration plants to remove iron and manganese
$12-18 Million at a $250-270 rate increase per year for construction alone
• Lime softening plants remove iron/manganese and water hardness - $22-36 Million
This requires a large footprint and increases of $550-600 per year in water rates for
construction alone
• Iron and manganese sequestering — reduces some rusty water but does not remove iron
or manganese at $150-250K which loses effectiveness with age of system
• Continue testing and monitoring manganese levels which the City is not required to do
Mound City Council Minutes — March 9, 2021
Simmons presented potential funding source options which including using water rates, applying
for state funding sources and Minnesota Public Facilities Authority clean drinking water
revolving fund.
Pugh asked if the City could be eligible to receive more than one type of financing. Simmons
said yes and there are other options which include low interest loans and direct legislative
funding. Holt asked about language in the Resolution which mentioned the manganese
exceeding the health advisory level but it has not established the long term health effects.
Simmons said the long term effects are being studied but the home owner can now use a home
water filter which is effective against manganese.
Hoversten said the notice to residents will have very similar language and context to the DOH
advisories.
Salazar said the increase in water rates was the City response to repair and replace worn out
delivery pipes. Salazar added that cities with newer developments don't have infrastructure
which has aged into the need for repair. Salazar said modernization adds cost to residents and
the City needs to take care of problem before the City is mandated to do the work. Salazar
stated a feasibility study is the first step to study this problem.
Hoversten said the need to have safe water will put the affordable aspect in jeopardy and the
City will try to get in line to be ready to get infrastructure dollars from federal or state sources.
Hoversten said the funding will come from outside sources and/or City water rates or through
the use of resident filtering and finishing water in their home. Hoversten said the discoloration
nuisance might also be addressed by the work to eliminate excess manganese.
A. Action to approve a Resolution directing Engineering Staff to Notify Residents and
Municipal Water Customers of the Presence of Manganese in the City Water that Exceeds
the Minnesota Department of Health Advisory Limit
MOTION by Velsor, seconded by Holt, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21-25: RESOLUTION DIRECTING ENGINEERING STAFF TO NOTIFY
RESIDENTS AND MUNCIPAL WATER CUSTOMERS OF THE PRESENCE OF MANGANESE
IN CITY WATER THAT EXCEEDS THE MINNESOTA DEPARTMENT OF HEALTH
ADVISORY LIMIT
B. Action to approve a Resolution Ordering Preparation of Report on Water Treatment Facilities
MOTION by Larson, seconded by Pugh, to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 21-26: RESOLUTION ORDERING PREPARATION OF REPORT ON
WATER TREATMENT FACILITIES
Larson asked about the time line on the study which Simmons said it would take two to three
months to prepare the project priority plan so the City will be in line for the outside source
funding cycles later in the year.
Mound City Council Minutes — March 9, 2021
The Council took comments from the audience
Johan Chemin asked where the iron was coming from and Simmons responded the sources are
coming from underground naturally. Chemin asked about VOC testing which Simmons said is
being done frequently and the wells are secure.
Simmons said the infrastructure debt has been accumulated to this point for service reliability
and not removal of iron or manganese.
Hoversten said when debt is retired it can be given back to lower the rate structure or pay for
future needs and the tax levy is meant to build up capital reserve funds for City streets, parks
and government operations.
Kathleen Olesinski, 6230 Setter Circle, said the rates of manganese in the City water should be
addressed in the newsletter going out to residents.
Rodney Beystrom, 4466 Denbigh Road, stated he has been a resident of Mound since 1987
and hasn't had discoloration problems which he said is due to his use of water softeners.
Greg Hainlen, 5542 Bartlett, asked for information on what type of water filter to buy.
Steve Lynch, 3117 Highland Blvd., asked how much of his tax levy and how much of his utility
bill goes to debt reduction. Hoversten said the utility fees base charges were reduced in 2019.
Hoversten added that the typical utility bill is made up of 50% for sewer, water 40% and the
remainder made up of recycling and storm sewer. Hoversten added that 60% of the utility costs
go to the debt structure and 40% go to operations. Hoversten said the Property Tax Levy goes
to Government operations and for areas such as Streets and Parks.
Hoversten noted that the Street Projects are paid for through the tax levy, assessments, bonds
and cash. Hoversten said water and sewer projects have separate funds which pay for those
services. Hoversten added that the utility's 20-year bonds start to come off the books in 2025
through 2028. Hoversten said $70 Million in bonds were issued to cover those debts with $40
Million in outstanding debt left.
Jackie Peipkorn, 4820 Canterbury Road, asked if the state determines the toxic level of
manganese and Simmons responded the state has not determined if manganese is toxic or has
a toxic level for it in its water standards but the City will continue to test and monitor levels in the
drinking water supply. Peipkorn asked how long it has been a problem and Simmons said this
is the first time it was tested for. Peipkorn asked if the chlorine levels added are monitored not
to over treat and Simmons said absolutely it is monitored to ensure it is not too much or too
little.
Johann Chemin, 6039 Beachwood Road, said he went on vacation and when he came back
and his hot water had black sediment and noted Simmons said that is how manganese
manifests. Hoversten said draining the water softener is recommended and Chemin asked if it
could be added to the advisory notice and Hoversten said the notice needs to focus on the
advisory but that info on home water treatment and management is on the city website. Chemin
said higher utilities will disenfranchise people. Hoversten agreed and said the balance between
providing safe, affordable and reliable water is a difficult challenge.
Mound City Council Minutes — March 9, 2021
Mayor Salazar thanked the speakers and Simmons and said the Council will look forward to the
results of the study.
9. Information/Miscellaneous
A. Comments/reports from Council Members/City Manager:
Hoversten highlighted the following dates:
March 16 Joint Special Meeting of the Planning Commission and City Council via ZOOM.
March 23 CC Meeting will be held at the PAC
April 13 CC Meeting may be held at the Council Chambers
May 8 Mound Minnetrista City Clean Up Day
Hoversten thanked all supporters of the Polar Plunge that was hosted this past Saturday
and reminded the audience of the MN DOH Covid-19 Vaccine connector sign up as eligibility is
opening up on Wednesday.
Salazar once again thanked Simmons and Staff for the thorough presentation and thanked the
City Council for staying ahead of the curve and supporting what is the right thing to do.
B. Reports: Finance — January 2021
Fire — January 2021
Liquor Store — February 2021
C. Minutes: Planning Commission: 02-02-2021 Regular Meeting
10. Adiourn
MOTION by Velsor, seconded by Larson, to adjourn at 9:49 p.m. All voted in favor. Motion
carried.
Mayor Raymond J. Salazar
Attest: Catherine Pausche, Clerk