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2021-07-13 CC Meeting MinutesMOUND CITY COUNCIL MINUTES July 13, 2021 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 13, 2021 at 7:00 p.m. in the Council Chambers in the Centennial Building. 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, City Clerk Kevin Kelly, Edward Rockwell, Paul Wood, Matt Hamrick, Jenny Bodurka and Carrie Kliebenstein. 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 added to the agenda Item 7.1 Westonka School District banners honoring local Olympian Shane Wiskus. MOTION by Velsor, seconded by Holt, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda Larson pulled Item 4F, Approve 2021 Planning Commission Work Plan and Staff Project List for Council discussion. MOTION by Larson, seconded by Holt, to approve the amended consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $850,472.30. B. Approve minutes: 6-22-21 regular meeting C. RESOLUTION NO. 21-71: RESOLUTION AUTHORIZING ACCEPTANCE OF A STATE OF MINNESOTA DNR GRANT FOR ALTERNATIVE LANDSCAPE EQUIPMENT D. RESOLUTION NO. 21-72: RESOLUTION APPROVING PERMITS FOR 2021 OUR LADY OF THE LAKE INCREDIBLE FESTIVAL ON SEPTEMBER 17-19, 2021 Mound City Council Minutes — July 13, 2021 E. RESOLUTION NO. 21-73: RESOLUTION APPROVING OUTDOOR MUSIC PERMIT FOR SPECIAL EVENT/PRIVATE PARTY AT 2640 LAKEWOOD LANE ON AUGUST 14, 2021 WITH EXTENDED TIME FOR MUSIC UNTIL 11:00PM F. Pulled from consent G. Approve Pay Request #2 and Final in the amount of $5,750.42 to Allied Blacktop Co. for the 2020 Seal Coat Project PW 20-07 H. Approve Pay Request #4 and Final in the amount of $9,698.23 to Minnesota Paving & Materials for the 2019 Swenson Park Tennis Court Project PW 19-06 I. Approve Project -Related Pay Item in the amount of $9,617 to Norling's Lake Minnetonka Landscapes for the 2020 Surfside Parking Lot Improvement Project PW 20-01 4F. Approve 2021 Planning Commission Work Plan and Staff Project List Pulled for discussion. Larson said the Council had discussed animal regulations on April 14, 2020. Larson said she wasn't in favor of allowing agricultural animals in the City and Larson stated she abstained from voting though at the time she wasn't in favor of amending City animal regulations and thought that abstaining from the vote would have prevented the continued review of these regulations by the Council. Larson said she wasn't aware that abstaining from voting meant that a simple majority of the votes cast would allow an action to prevail. Hoversten said that at the time there were two Council approval votes for staff review of those regulations and abstaining maintained the quorum. Larson said the majority of three Council members abstained and allowing the review of animal code regulations wasn't the council members' intention. Larson said the agricultural animals issue has been brought forward by the Planning Commission project list and the current code does not allow llamas, chickens and those types of animals within the City. Larson said she didn't want staff time to be used on this issue as allowing agricultural animals has been voted down at least three times by the Council. Salazar said he was part of the Councils which voted down the inclusion of agricultural animals. Salazar said City staff would need to develop regulations and enforcement if there is an ordinance amendment and staff will follow the Council policy directives decided upon. Larson asked if Holt voted in the Planning Commission against the animal proposal. Holt said he did vote no. Hoversten said staff effort would become more formal with the addition to the Planning Commission work plan and the Council can give guidance on what they would like staff time to emphasize and this would be a great time for staff to get Council feedback on its priorities. Holt said he was the only no vote on the agricultural animals issue which he said was due to there being already too many things going on and wasn't in favor of adding more to the Planning Commission (PC) work plan. Salazar said line item 4 in the Planning Commission project list can be stricken from the document and Council can prefer to not have a discussion on the agricultural animal issue. Velsor said he thought it would be a disservice to residents who favor inclusion of some animals to not explore this area further. Velsor said he didn't think leaving item 4 of the PC staff project Mound City Council Minutes — July 13, 2021 list would do any harm and he said there is a lot on the PC Work Plan and if the PC doesn't get to it this year then that is fine. Pugh said she is in agreement with Velsor as she was not in favor of taking work item 4 off of the PC staff project list. Pugh said it is of interest to residents and this is environmentally sound and she stated it is the Council's job is to listen to the voice of everyone and try to make a good decision. Pugh said she would be hesitant to vote on anything today without a refresher on the agricultural animal issue. Pugh said she wasn't in favor of the use of ATV's in the City but she wanted to hear from residents on the issue and there will be continued discussion on the ATV/UTV use in the City. Holt asked who came up with line item 4. Salazar said this came from the April 2020 Council meeting as Larson stated earlier. Hoversten said item 4 was brought forward because it was part of the April 2020 discussion on the PC work plan and this wasn't completed in 2020 so it was brought forward to the formal 2021 PC work plan. The Council discussed that the vote during the April 2020 Council Meeting meant the animal code study wasn't voted down as there were three Council members who abstained from voting with two votes in favor of further study. Holt said he voted no at the PC meeting because he thought there were too many other projects regarding nuisances which were on the work plan though he said he is willing to listen and learn more about the animal ordinance amendments. Salazar said that since 1962 City policy has been to not allow agricultural animals of any sort in the City. Salazar said the effort was to be more modernized and if you let chickens into the City there would then be a good amount of folks who want alpacas like was requested in 2013. Salazar said the small lot sizes are a factor to not allow goats, alpacas and pot belly pigs. Salazar said the line was drawn in 1962 and he doesn't think circumstances have changed asking where does the Council draw the line. Salazar said he is not in favor of changing the ordinance at all. Velsor said this item has been brought up by enough people and should be discussed. Velsor said the Council shouldn't squash the community discussion. Velsor said the animal ordinance wasn't voted down and three council members voted to abstain. Salazar asked for input from the Council on whether they would vote for or against allowing chickens in the City. Larson said she would vote no as there has been enough time has been spent taking about the issue. Velsor and Pugh would vote yes. Holt said he would vote it down but would like to hear more about the issue from the public and staff. Salazar said he would vote no. Larson said her opinion is she didn't understand what her abstention vote meant. Larson said continuing the animal ordinance discussion would be a waste of time and would like other areas emphasized. Mound City Council Minutes — July 13, 2021 Velsor said he thinks that Holt is the kind of guy who would like to get more information before he votes on an issue. Pugh and Hoversten said the chicken issue was brought forward to the Council in 2020 at the last minute by adding it to the agenda in response to a request by interested residents, noting the issue wasn't fully fleshed out before going before the Council. Pugh said the residents did bring in more information about chicken raising and things change and this issue should stay on the PC work plan. Holt asked how much time staff would need to put together information. Hoversten said it depends on how much effort is put in to the ordinance and if the City wants performance standards. Hoversten said if there is an enforcement standard then those standards would have to be fleshed out by staff and would include a more detailed ordinance. Holt asked how much staff time went in the last three times this issue was discussed. Velsor said there were people who got involved and brought it forward to the Council without much staff input. Velsor again said there wasn't staff input prior to the April 2020 meeting either. Salazar reiterated he would like to keep the animal ordinance as it is. MOTION by Larson and seconded by Salazar to approve the 2021 PC Work Plan and Staff Project List with the removal of Item No. 4 from the 2021 PC Staff Project List. Salazar and Larson voted in favor and Velsor, Holt and Pugh voted against. Motion failed. MOTION by Velsor and seconded by Pugh to approve the 2021 PC Work Plan and Staff Project List as presented. Salazar and Larson voted no and Velsor, Holt and Pugh voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Tim Litfin, Tour-d-Tonka coordinator providing a presentation on the 2021 regional event and activities in Mound Jenny Bodurka, Youth and Adult Programs Coordinator for Minnetonka Community Education, addressed the Council as Tim Litfin was not available. Bodurka presented highlights of the Tour de Tonka event activities and said she appreciates the City's support. Bodurka said the tour logo has changed this year, noting they have recruited sponsors to help make the event more affordable and need 600+ volunteers to help by signing up on their website. Bodurka said there are seven different mileage runs for participants to ride, noting registration is open with a strong volume the first day that will grow as the event nears. Bodurka said there are more than 3,000 riders from all around the US and foreign countries. Bodurka presented the different routes and rest stops of the event. Bodurka emphasized Tour de Tonka is a ride and not a race and will be held on Saturday, August 7tn 7. Discussion and instructions to Staff regarding code language review for glare and light pollution in residential areas Mound City Council Minutes — July 13, 2021 Salazar stated there is a property in the City with a very bright light which affects the neighboring properties use. Salazar said he went out to the site at 11:00 p.m. recently and said the glare made it difficult to see and enjoy being out in the yard. Salazar said the light is pointed out and not down to the property. Salazar said there is no reason for the light and he wants to provide options for citizens concerned about glare and light situations. Salazar said what if every second, fifth or tenth home in town did the same resulting in a great amount of light pollution in the City. Salazar said although City staff used a light meter to measure the light and it passed on the amount of light emitted, he would still like staff and the City Attorney to review the code language regarding light emission and figure out ways to address this issue. Ed Rockwell, 4888 Westedge Drive. said the light is on a pole 30 feet in the air and is pointed out to the lake and out to the owner's boat house. Rockwell said his guests complain about the light when they come over to the house. Rockwell said he has spoken to the owner three times who didn't change the light and became very angry when the light was brought to the resident's attention. Rockwell said his cousin, who lives across the bay from the light, said she can read a book in her house from the light from this property. Rockwell said the neighbors light is similar to light in a parking lot and is purposely pointed out to the lake. Rockwell said City staff have been at his property and measured about 150 feet away from the light bulb. Rockwell added you can see the light bulb is not shrouded properly. Holt asked if the Orono Police Department should be involved. Hoversten said this is a zoning code issue and the existing code is not adequate to respond to the issue. Hoversten said the code language would be reviewed by the City Attorney to see if something can be written into code which isn't too restrictive. Rockwell added that when he is boating on the lake in the evening and approaching his dock he can't see objects in the lake due to the bright light. Rockwell said the Hennepin County (HC) Water Patrol didn't enforce the light issue when they visited the site in the past. Salazar said he would like City staff to contact the HC Water Patrol to revisit the light issue due to the safety concerns of the bright light. Carrie Kliebenstein, 2057 Arbor Lane, said the light affects her back yard use due to the blinding light and the light is a nuisance. Kliebenstein agreed that the bright light makes it difficult to see objects in the lake and impedes safe navigation at night. Hoversten said that staff need to work with the City Attorney to produce language in the code in the attempt to address the issue without causing other unintended problems with light usage. Velsor asked why staff couldn't get a closer light reading. Rockwell said he didn't talk to his neighbor closer to the light source. Rockwell said he would attempt to talk to that neighbor to allow for the City to get a closer light meter reading. Hoversten said there are jurisdictional issues to work out and needs to be addressed by a performance measure approach with attorney input. Hoversten said the glare and light spread issue needs to be developed further in the city code to better address this issue as the code will need to stand up in a court setting. MOTION by Salazar and seconded by Velsor to direct staff to request the City Attorney review zoning code language to address the nuisance light issue. All voted in favor. Motion carried. Mound City Council Minutes — July 13, 2021 7.1 Hoversten said he was approached by Westonka School District Superintendent Kevin Borg about support for former Westonka student and Olympic Gymnast Shane Wiskus. Borg is requesting the flying of banners from City property. Hoversten proposed that City staff put up the banners in the same location as the Spirit of the Lakes (SOTL) banners when City staff take the SOTL banners down. Larson said Wiskus is a 2017 graduate Westonka High School MOTION by Larson seconded by Velsor to approve the hanging of banners and the accompanying sign approve permit with fees waived. All voted in favor. Motion carried. 8. Information/Miscellaneous A. Comments/reports from Council members/City Manager: Velsor said the Westonka Community Theatre has a performance of the Wizard of OZ now playing. B. Reports: Liquor Store — June 2021 C. Minutes: Planning Commission: 05-04-21 Regular Meeting D. Correspondence: League of MN Cities Dues 2022 LMCC Update on Medicacom/TEGNA (NBC) Negotiations Hoversten said there is correspondence in the packet from the Lake Minnetonka Cable Commission regarding Mediacom and TEGNA negotiations. Hoversten said TEGNA is looking for an increase in broadcast fees. Hoversten added that NBC is waiving its fees on streaming for its Olympics coverage. Hoversten added the Spirit of the Lakes Festival schedule. 10. Adjourn MOTION by Velsor, seconded by Larson, to adjourn at 8:45 p.m. All voted in favor. Motion carried. Mayor Raymond J. Salazar l Attest: Kevin Kelly, Cle k