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06-24-19 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 24, 2019 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Acting City Attorney Murphy; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 5/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes from June 10, 2019 B. City Council Regular Meeting Minutes from June 10, 2019 C. Approval of the Verified Claims List D. Appointing Matthew Gallivan to Park Commission, Adopting RESOLUTION NO. 19 -058, "A Resolution Making Appointment to the Shorewood Parks Commission." E. Approve Hiring of Two Public Works Seasonal Employees Motion passed 5/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING A. Hazardous Building Determination CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 2 of 10 City Administrator Lerud explained that at the May 13, 2019 City Council meeting, the Council called for a hearing to be held on this night regarding the condition of the addition to the house at 5815 Club Lane. He noted that staff has met with the owners and their representatives to attempt to resolve the issue. He explained that staff is recommending that the public hearing be opened and continued to the July 8, 2019 meeting in order to provide additional time to allow staff and the property owners to allow a little more time to see if there can be a resolution that is acceptable to both parties. Mayor Zerby opened the public hearing at 7:06 p.m., there being no public comment, he closed the public hearing. Sundberg moved, Labadie seconded, to Continue the Public Hearing for a Hazardous Building Determination for 5815 Club Lane to July 8, 2019. Motion passed 5/0. 5. REPORTS AND PRESENTATIONS - NONE 6. PARKS A. Report by Commissioner Mangold on the June 11, 2019 Park Commission Tour and Meeting Commissioner Mangold gave an overview of the brief June 11, 2019 Park Commission meeting where they discussed an amendment to the food truck ordinance. He stated that after the meeting, they toured Freeman Park and other than a few minor issues, they determined that overall it is looking pretty good. Mayor Zerby asked when the goats would be coming back to the park. Planning Director Darling stated that the goats are already back in Freeman Park. B. Alcohol and Food Truck Ordinance Amendment Planning Director Darling stated that in January, the Council provided direction to staff that they would be willing to allow food trucks in the park for special events, but had concerns about allowing alcohol. She stated that the Council directed staff to prepare ordinance amendments to allow alcohol in parks on a trial basis for one year and planned to discuss any impacts and number of DLII's or other alcohol related incidents near the park with Chief Meehan. She stated that staff has drafted ordinance language based on the Council's direction. She reviewed the amendments to the ordinance for alcohol and amplified music. Councilmember Labadie noted that the staff memo indicated that the Council would review the ordinance amendments by the first Council meeting in November. She asked how many events were expected to request serving alcohol before November. Planning Director Darling stated that there is one event currently scheduled before November and suggested that the Council discuss it after the first event and see if there were any issues. Councilmember Labadie stated that she will be voting against this because she does not believe the City should be serving alcohol in the parks. She stated that the Council had received an e -mail from a resident opposing this change and she agreed with all of the reasons stated. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 3 of 10 Sundberg moved, Johnson seconded, Approving the Ordinance Amendment to ORDINANCE NO. 566, "An Ordinance Approving an Amendment to Sections 401.18 (Liquor Regulations — Prohibited Acts and Conditions) and 902 (Public Parks and Recreation Areas) of City Code to Allow Alcohol Within Badger Park and Food Trucks in Parks." Motion passed 3/2 (Labadie and Siakel). Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 19 -059, "A Resolution Approving Publication of Ordinance No 566 by Title and Summary." Motion denied 3/2 (Labadie and Siakel). C. Approve Proposal for Freeman Park South Playground Rehab Planning Director Darling stated that in March, the Council authorized the purchase of new equipment, replacement parts, and painting of existing supports for the Freeman Park South playground. She explained that the estimate did not include labor to install the replacement parts and reviewed the total cost for the project, including installation. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 19 -060, "A Resolution Accepting the Quote from Minnesota Wisconsin Playground for Labor Estimate for Equipment Replacement at Freeman Park South Playground ". Motion passed 5/0. 7. PLANNING A. Report by Commissioner Gault on the June 4, 2019 Planning Commission Meeting Planning Director Darling noted that she did not see Commissioner Gault in the audience and volunteered to give a brief overview of the June 4, 2019 Planning Commission Meeting. B. C.U.P. Accessory Space Over 1,200 Square Feet, 27850 Woodside Road Planning Director Darling stated that the applicants propose to remove the existing home and construct a new home roughly in the same location with two attached garages. She noted that the two garage spaces will be a total of 1,900 square feet which requires a C.U.P. because only 1,200 square feet is permitted without a C.U.P. She noted that one garage will be accessed from the north side of the property and the other from the south. She reviewed the criteria reviewed by staff and the Planning Commission on how the plans comply with the City code. She noted that the Planning Commission unanimously recommended approval. Councilmember Labadie stated that she attended the Planning Commission meeting and feels they thoroughly analyzed this request and took into account all the information. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 19 -061, "A Resolution Granting a Conditional Use Permit for Accessory Buildings to Exceed 1,200 Square Feet in Area at 27850 Woodside Road." Motion passed 5/0. C. C.U.P. for Special Purpose Fence (Batting Cage) at 26310 Birch Bluff Road Planning Director Darling stated that this is a request to install a batting cage that is formed with four poles varying in height from fifteen to nineteen feet high with netting that will hang about one foot lower than the poles. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 4 of 10 She explained that the applicant plans to screen the batting cage with existing trees as well as planting additional trees when the construction is finished on the site. She stated that staff and the Planning Commission recommended approval with the condition that the batting cage could not be lit for use after dusk. Councilmember Sundberg asked if Planning Director Darling had spoken to the resident who expressed opposition because the e -mail included in the packet was very abbreviated. Planning Director Darling stated that she did not speak with that resident, but their concerns appear to be more about the longevity of the project and not the batting cage. Councilmember Siakel asked what else is planned for the sport court area. Gary Kraemer, John Kraemer and Sons, stated that all that is left is landscaping on the site. Councilmember Labadie stated that she attended the Planning Commission meeting on June 4, 2019 and noted that Mr. Kraemer was not the representative at that meeting. Mr. Kraemer explained that he was out of town and could not attend that meeting, so Steve Bodine attended in his place. Councilmember Labadie stated that Mr. Bodine was very "back and forth" and noted that she did not feel that he gave a completely clear picture of the scope of the project. She gave examples of some of the discussion at the meeting regarding the possibility of having the entire Minnetonka High School baseball team out to the house for batting practice and screening with the existing trees. Mr. Kraemer noted that there is a row of arborvitaes along the edge of the property, so even when the foliage is gone there will still be some screening. He stated that the batting cage will not be able to be seen from the road. He stated that he cannot speak to who may be using the batting cages but noted that it will be more quiet than a sport court with basketball noise. Councilmember Johnson stated that he believes that Mr. Kraemer spoke to the Council about a year ago and stated that their companies building permit portion was just about complete and the remainder of the project would be landscaping which was outside the building permit. He stated that he was surprised to see this request for a C.U.P come from John Kraemer and Sons and asked for more specific information on when construction will actually be done. Mr. Kraemer stated that landscaping is outside of their area, but this, since it is a structure, is not. Councilmember Siakel asked if he anticipated any other requests coming for this project because she thinks part of the frustration with the neighbors is the length of the project. Mr. Kraemer stated that he does not have any knowledge of any other projects that will come before the Council and stated that he is uncomfortable giving a specific date, but thinks things will be wrapped up fairly early in July. Siakel moved, Zerby seconded, Adopting RESOLUTION NO. 19 -062, "A Resolution Granting a Conditional Use Permit for Special Purpose Fencing (Batting Cage) at 26310 Birch Bluff Road." Motion passed 5/0. D. Review Pre - Application CPA Sketch for 25400 State Highway 7 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 5 of 10 Planning Director Darling gave an overview of the location of this parcel and the zoning for the surrounding properties. She stated that this agenda item is for the Council to give informal comments before the developer would submit a more formal application to the City. She stated that if approved, this project would require a Comprehensive Plan amendment, rezoning, a PUD concept, and a subdivision. She stated that they are proposing twenty small lot single family homes clustered along a new cul -de -sac that would connect to Eureka Road. She noted that the density and development may change as the survey and engineering data is collected on the site. She explained that they have proposed reduced setbacks in order to cluster the homes and leave more open space. She stated that the applicant is looking for Council's feedback on the density, height and type of home as well as the setback flexibility. She noted that the recommendations from the Planning Commission have been included in the resolution language. Bill Stoddard, Stoddard Companies, Excelsior, stated that they had received good feedback from the Planning Commission and the only thing they are proposing that was not received well was the higher density. He stated that this housing product has been selling well and he already has four builders that want to build on this parcel, but not without higher density. Councilmember Johnson stated that the plans appear to show a small connection to Seaman's Drive. Mr. Stoddard stated that in discussion with Planning Director Darling there should not be a road connection between them because it would act as a through street, so he has designed it as a six -foot wide trail. Councilmember Labadie stated that she does not like this sketch plan and thinks it is too dense. She stated that she would rather the parcel sit vacant than put in higher density than the current zoning allows. She stated that she feels this is a horrible intersection and cannot be compared to the other higher density developments within the City. She stated that she does not see this development benefitting the community, just the developer. Councilmember Sundberg stated that her biggest concern is the traffic off of Eureka Road and asked who these homes will be marketed to. Mr. Stoddard stated that the target market would be from young families all the way up to empty nesters. Councilmember Sundberg stated that the density and traffic issues are concerning, but she is okay with giving the project more consideration. Mayor Zerby stated that he agrees with Councilmember Labadie. Councilmember Siakel stated that she also agreed with Councilmember Labadie and Mayor Zerby. She stated that in addition to being concerned about the density and traffic, she is also concerned about the water issues on this parcel. She stated that the City cannot just be concerned about tax revenue without considering the community. Councilmember Johnson stated that no one from the public came to speak on this proposal which is worthy of notice. Mayor Zerby stated that he was not sure what the notification process was for the proposed sketch plan. Planning Director Darling stated that there was no public notification process because the developer was just looking for informal comments on their proposed plan. E. ENGINEERING /PUBLIC WORKS A. Accept Bids and Award Contract for 2019 Overlay Project, City Project 19 -02 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 6 of 10 City Engineer Fauske explained that on April 22, 2019, the Council authorized staff to prepare plans and specifications for a mill and overlay project to improve and extend the life of portions of Birch Bluff Road, Edgewood Road, Lake Linden Drive, Country Club Road and Cardinal Drive. She noted that drainage improvements were not considered with this project because it will be done later when there is a reconstruction project. She stated that two bids were received for this project and the lowest responsive bid was from Bituminous Roadways, Inc. She explained the budgeting plans for the funding of this project and noted that staff recommended approval. Mayor Zerby asked if the City has used Bituminous Roadways, Inc. in the past. Public Works Director Brown stated that he believes the City has used them and noted that they are a reputable firm. Councilmember Siakel stated that she thinks the Council will get a lot of questions about reconstruction and thinks people need to understand that the City cannot afford to reconstruct every road at the same time, so there have to be these types of projects done to extend the life of the streets. She would like the City to have a plan and communicate to the residents that new roads and water are coming. Councilmember Johnson suggested that a page be added to the website that shows the process of looking at roads and how the City makes the determination for reconstruction versus mill and overlay projects. Mayor Zerby agreed that it would be nice if there could be a way for residents to access this information easier on the website and not have to go to Laserfiche and find the spread sheet. He suggested a drop -down menu with the street information. City Administrator Lerud stated that the Council has created a fairly definite schedule until 2026 with the exception of a few roads. He stated that he agreed that communication with residents is very important but noted that this particular project is really a maintenance project. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 19 -064, "A Resolution Accepting Quote and Awarding Contract for the 2019 Mill and Overlay Project. City Project 19 -02." Motion passed 5/0. F. GENERAL /NEW BUSINESS A. Event Permit for Archer's Aim: Northern Lights Lacrosse Festival Planning Director Darling explained the City received an application for a special event permit for an event on August 24, 2019 from 9:00 a.m. to 9:00 p.m. at Badger Park. She stated that the fundraising event would be for teen mental health and would consist of lacrosse clinics, games, music, a beer tent and food trucks. She noted that Badger Park does have some vegetation that has not grown in all the way and some areas of the park may not be open for use because of construction, but the applicant feels that the areas that are available will be adequate for the event. She explained their parking plans and noted that they will also be providing hygienic facilities and will be responsible for picking up trash on the site. Staff is recommending approval subject to the conditions listed in the staff report. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 7 of 10 Councilmember Sundberg stated that she loves the intent and mission of this event but finds it illogical for this type of event to want to have a beer tent and asked why that would be necessary. Planning Director Darling stated that they are wanting to include it because it is a fundraising event. Councilmember Labadie stated that she had the same concerns and reached out to Don Amorosi and discussed this issue. She stated that he explained that they were just applying for the licensing to have a beer tent as part of the fundraising event but was not completely certain that they would be going through with it. She stated that she and Mr. Amorosi had a good discussion and she was able to share her opinion that she believes having a beer tent promotes the wrong image. She stated that Mr. Amorosi plans to discuss it with his steering committee. She noted that he did indicate that he wants the event to go on with or without alcohol sales. Councilmember Sundberg reiterated that she is very uncomfortable with this kind of event allowing alcohol and is not inclined to approve a temporary liquor license. Mayor Zerby noted that having a beer tent for the Excelsior Rotary Club and the Chamber of Commerce has increased attendance at events and has helped raise quite a bit of money. Councilmember Johnson stated that he likes the overall idea of the event, but has concerns about the neighbor to the south of the lacrosse fields who has openly spoke about the noise issues. He stated that he would like to see support for this event from that homeowner before he gives his own approval. He stated that his other concern is on the site map from the applicant there is a line item that says vendors /educational services and noted that he has concerns about what the vendors will be selling and how they will benefit the 501 c3. Councilmember Sundberg asked if the Council was just being asked to approve the event and things like the temporary liquor license would be a separate process. Planning Director Darling stated that because a beer tent is proposed as part of the event, if the Council does not want to see that, this is probably the time to eliminate that portion of the approval. Councilmember Labadie noted that the applicant indicated that they are anticipating no more than two - hundred fifty people present at a time. She asked for a realistic idea of the amount of parking that will be available for this event. Planning Director Darling explained that there are one - hundred eleven parking spaces on site. She stated that they have arranged for off -site overflow parking, with a shuttle to the festival, but she is not sure how many additional spaces that will provide. She stated that she has asked to see the agreement they have for overflow parking before this moves forward. Councilmember Labadie stated that perhaps Minnewashta Elementary could be used for overflow parking since they will be shuttling people back and forth. Planning Director Darling noted that they have already suggested this site to the event planners. Councilmember Siakel stated that this comes down to whether the City will allow alcohol in their parks or not, because it will involve saying yes to one party and no to another. She stated that she does not want it to be an arbitrary decision and if the City allows alcohol in the parks, alcohol is allowed in the parks and vice versa. She noted that to Councilmember Johnson's concerns about the neighbor, she feels that events like this simply come with living next to a park and noted that it is one day and there is a start and end time. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 8 of 10 Councilmember Sundberg stated that she agreed with Councilmember Siakel's comments regarding the resident living near the park. She stated that the City may need to have a discussion about what sorts of events it will be okay to have alcohol and which one would not be okay. She reiterated that she did not feel serving alcohol at this event would be appropriate. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 19 -065, "A Resolution Granting an Event Permit for Archers Aim for the Northern Lights Lacrosse Festival at Badger Park Located at 5745 Country Club Road." Councilmember Labadie asked if the motion included support for the temporary liquor license. City Clerk Thone stated that it will come back before the Council. Councilmember Siakel stated that she does have empathy for the neighbor, but it was still near a park and things change. Councilmember Johnson stated that he hoped the organizer would reach out the neighbor and explain what is planned. Mayor Zerby stated that it is always a good idea to reach out to the neighbors, but noted that he agreed with Councilmember Siakel. Motion passed 5/0. G. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. May General Fund Report Finance Director Rigdon highlighted some things from the May General Fund report. He noted that property tax revenues will be received in June and July and that building permits already accounted for one hundred and four percent of the budget through the month of May. He stated that, in general, everything appears to be on target and comparable to prior years. Other Public Works Director Brown stated that Public Works is continuing to pump Lake Mary. Mayor Zerby asked about the light post outside of City Hall. Public Works Director Brown stated that the reason it is tipped is because they are working on it and the electrician is trying to determine the best course of action. Planning Director Darling reiterated that the goats are back in Freeman Park. She stated that the Badger Park project started today for the trails and the playground. She stated that they started putting up the erosion control, but then it started to rain heavily. She stated that she thinks the rain also affected the surveyors that were on the site. She stated that the City received a notice from the City of Deephaven for a CUP variance application to add a propane tank at the gas station on the corner of Christmas Lake Road and State Highway 7. City Administrator Lerud said a letter was received requesting no parking on Park Lane and staff will review the letter and make a recommendation at a future council meeting. He stated that he would also like to know what the Council would like to do regarding the Christmas Lake AIS funding request. Mayor Zerby asked staff to bring back a few options to the Council for discussion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page9of10 B. Mayor and City Council Councilmember Siakel stated that she attended the Tonka Bay City Council meeting where they discussed the proposed development at the Tonka Bay Shopping Center. She stated that Tonka Bay approved 86 apartment units spread out between two buildings and a club house. She stated that she got up and spoke about the Minnetonka Country Club development that was higher density, and how much the City got in return and asked what Tonka Bay would be getting out of this development other than revenue. She noted that this development will need to come to the City for a utility easement. She stated that there were a lot of residents in attendance at the meeting that voiced their concerns about traffic. She stated that the outcome was very disappointing and she thinks that Tonka Bay Council has a very different philosophy than Shorewood's Council. Councilmember Johnson asked if the Council could have a work session to discuss that utility easement and see what the City's options are. City Administrator Lerud stated that a work session discussion could happen but it may make more sense to have the discussion at a meeting where the decision will be made. He stated that vacating the utility easement will require a public hearing. Councilmember Siakel stated that one other thing that was discussed at the Tonka Bay Council meeting was the plan to reconstruct the Narrows Bridge which would require closing the road. She stated that she had not heard anything about this and asked City Administrator Lerud to check into it. She stated that to comment on the events in Excelsior that Mayor Zerby mentioned had raised seventy- thousand dollars for fireworks, she would like to know how much fireworks cost and how much the City has been contributing. Mayor Zerby stated that the Fourth of July Events, including the fireworks are sponsored by the Chamber of Commerce not the City of Excelsior. Councilmember Siakel asked about the fundraiser he had mentioned. Mayor Zerby stated that the fundraiser was conducted by the Excelsior Rotary Club and the money is given to the Chamber of Commerce. He stated that when he was involved five or six years ago, the cost for the whole Fourth of July event, including fireworks was about one - hundred sixty thousand dollars. Councilmember Labadie stated that she had requested information about this earlier after a meeting with Tim Litfin from Minnetonka Community Education. She stated that he had told the Council that the reason the fee for the Firecracker Run was so high was because it generated money for the fireworks. She stated that before the City makes a contribution, she would like to know who the Chamber of Commerce is receiving money from and in what amount. City Administrator Lerud stated that he does not believe the City has received a request this year for a donation to the fireworks but noted that the last few years the amount has been consistent. He stated that he will contact the Chamber of Commerce and see if he can gather the information Councilmember Labadie has requested. Councilmember Labadie thanked Councilmember Siakel for attending the Tonka Bay meeting and voicing concerns on behalf of the residents of the City. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2019 Page 10 of 10 Councilmember Sundberg asked if the Council could address the concerns raised in the letter the Council received from Delores Fero at a future meeting. City Administrator Lerud explained that this was the letter he mentioned in his report that staff will review and bring back a recommendation to the Council. H. ADJOURN Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of June 24, 2019, at 8:33 P.M. Motion passed 5/0. ATTEST: Sandie Thone, City Clerk