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05-24-21 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 24, 2021 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by electronic means. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Labadie___ Siakel___ Johnson___ Callies___ Gorham___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening under a single motion. These items are considered routine and non-controversial. However, a council member may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, those can be answered now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of May 10, 2021 Minutes B. City Council Regular Meeting Minutes of May 10, 2021 Minutes C. Approval of the Verified Claims List Claims List D. Approve 2021 Data Practices Policies and Updates City Clerk/HR Director Memo Resolution 21-052 E. New Tobacco License for Cowboy Tobacco/Bakr Alkarkhi City Clerk/HR Director Memo Resolution 21-053 F. Accept Resignation of Crisy Schmidt City Clerk/HR Director Memo G. Approve Mayor Declaration 21-03 City Administrator Memo Resolution 21-054 H. Accept Quote for Lift Station Components Director of Public Works Memo CITY COUNCIL REGULAR MEETING AGENDA Page 2 3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on tonight's agenda, to the attention of the mayor and council. If you want to address the council, please use the raise your hand feature. Once you are recognized, please identify yourself by your first and last name and your address for the record. After this introduction, you will have three minutes to make your comments. All comments will be respectful. No action will be taken by the council on this matter, but the mayor or council could request that staff place this matter on a future agenda. (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Tauer on 05-11-21 Park Commission Meeting/Tour Minutes 7. PLANNING A. Report by Commissioner Gault on 05-04-21 Planning Commission Meeting Minutes B. Approve Variance for 5565 Howards Point Road Planning Technician Memo Resolution 21-055 C. Approve Site Plan Amendment for 19685 Highway 7 Planning Director Memo Resolution 21-056 D. Approve Conditional Use Permit Amendment, Variance, and Planning Director Memo Site Plan Amendment for 24245 Smithtown Road Resolution 21-057 E. Approve Amendment to City Code Chapter 607.03 Planning Director Memo Regarding Fire Code Requirements for Food Trucks Resolution 21-060 Ordinance 578 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for 2021 Pavement Marking, Engineer Memo City Project 21-04 Resolution 21-058 9. GENERAL/NEW BUSINESS A. Approve Purchase of Land at 5520 Grant Lorenz Road City Administrator Memo Resolution 21-059 10. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, MAY 10, 2021 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, Siakel, Callies, and Gorham; City Administrator Lerud; City Attorney Keane; and Planning Director Darling Absent: None B. Review Agenda Gorham moved, Callies seconded, approving the agenda as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 2. DEVELOPMENT OF RESIDENTIAL PORTION OF THE SMITHTOWN CROSSINGS STUDY AREA Planning Director Darling stated that there have been a number of developers that have contacted the City about purchasing the EDA property along Smithtown Road. She stated that this is the residentially guided properties west of the intersection of County Road 19 and Smithtown Road. In 2012, the Council formally adopted the Smithtown Crossings Study as an appendix to the 2009 Comprehensive Plan. She stated that she would like to review what the report found for the properties guided and zoned of residential use in the future. She stated that in the Comprehensive Plan, all of the parcels are guided for medium density residential, which is six to eight dwelling units per acre. The zoning ordinance has not yet been changed to match what the Comprehensive Plan shows, so the easterly parcel is currently C-1 and the other three parcels are R-1C. The study suggested R-3B zoning for the development of residential properties which allows apartments, townhomes, and twin homes as permitted uses. She stated that she would like to have a high-level discussion with the Council as a transition to have discussions with developers. She stated that development of the parcels should include: assembly of land; use/density; affordability; transitions/buffering. She also noted that another question to consider is what the development should look like with relation to: nature views and landscaped common areas; height; pedestrian circulation/trails. She reiterated that she would like the Council to have a high-level discussion on the important elements of the site design. Mayor Labadie noted that Planning Director Darling had delineated unified/coordinated versus piecemeal development of Smithtown Crossing which she found those very interesting. Councilmember Callies stated that she feels the consolidated approach is preferable. From a big picture perspective, she would like to see something here other than another $500,000 to $750,000 townhome development and should move towards higher density. She stated that she thinks there needs to be more education done on ‘affordable housing’ which does not mean low CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 10, 2021 Page 2 of 5 income. Mayor Labadie stated that she agreed that there is a definite need that can be filled by increasing the density of the parcels with more affordable type housing, not low-income type. Commissioner Gorham stated that he also agreed and noted the one of the things that stuck out to him about a consolidated approach was dealing with drainage across the larger site and having a unified approach to sending water off the site. He stated that he thinks this also offers the opportunity to connect Smithtown with Gideon Glen. Councilmember Siakel stated that one of the reasons the City purchased this property in the first place was to consolidate and try to treat this as one parcel so there wasn’t somebody that came in with a piecemeal approach. There was also a lot of feedback from the neighbors that felt very strongly about the height and density and did not want to see something that overshadowed that corner. She stated that Tonka Bay is putting in apartment buildings right now and she does not think the City needs apartment buildings or that amount of density. She stated that ‘affordable housing’ is a very relative term and gave the example of the expectation of some affordable housing in the Country Club development with their villas, but those ended up much more expensive that anyone thought. She stated that she does not think the Council can have any control over the decision about whether it is affordable. She stated that her concern would be the density and does not want to see something dense in this area as well as traffic and flow in and out that would bring. She stated that she would like to see something with a lesser footprint. She stated that it also appears as though the City is doing exactly what it said it would not do by allowing a developer to come in develop one piece for maximum density and just leave the rest to be developed further down the road. She stated that this appears to be going against what was discussed ten years ago and trying to make that whole Crossing area something that flowed, made sense, and was not overdone. She reiterated that she is speaking up against density and feels the lesser the footprint the better. Mayor Labadie stated that she does have concerns with traffic in that area, especially as the Tonka Bay structure is completed because it will definitely impact that area. Councilmember Siakel stated that regardless of what happens, she thinks it will be important to look at landscaping and have some type of buffer for the property that is already there. She stated that she would hope that the City would be thoughtful and cautious in providing any guidance that will increase density just so a builder can get what they need out of it. Councilmember Callies asked what type of inquiries the City has gotten about these parcels. Councilmember Siakel asked if Admark had actually approached the City. Planning Director Darling stated that in the four years she has been with the City there have been a few proposals for town houses as well as recent applications for villas. She stated that one proposal for villas is the $500,000 to $700,000 that the Council just mentioned but also ones from Admark whose price points would be a bit lower. She stated that these would be six to eight units per acre. Councilmember Siakel stated that there are about four acres here, so that density would be about twenty-four to thirty homes which she feels is too much. Mayor Labadie stated that she would echo Councilmember Siakel’s opinion. She stated that she understands that the City cannot really control if something is affordable or not, but her desire would be to have something that is more affordable that would have more density than there is now, but nowhere near twenty-four to thirty- two homes. She stated that she feels that is too dense for the area and the intersection. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 10, 2021 Page 3 of 5 Councilmember Callies asked if there has been any market study completed to see what the demand is in the area with regard to types of housing. She stated that she would like the City to look for a developer that who has some creativity in terms of what they could develop that would fit in with the neighborhood and provide environmental amenities as well as more affordable living such as teachers, City employees, and younger single people. Councilmember Siakel stated that she understands Councilmember Callies point and feels the options would be more plentiful if the discussion was around the entire area and not just the four open parcels. She stated that in her mind, the City has approved the Country Club and they did a nice job with beautiful homes, there is another one off of Eureka that was just approved so in her mind, she is at a point in her thinking that if the City did not do anything with this property it will not make or break the budget. She stated that Shorewood is kind of a rural town, the majority of their budget comes from property taxes and will never be a downtown area or something that is relying on business to generate tax revenue. The City does not need the additional tax revenue and feels the City is at a point where they can do what they want with the area and there does not need to be another housing development there. She stated that she may be more in lock step with the neighbors and want to keep this more manageable than building up the entire corner. She stated that she would rather see something done with the gas station and the whole area of County Road 19 that butts up to Badger Park. Councilmember Callies asked if the reason that the Council was not looking at the bigger picture and the whole area is because of the market and there is more of a market for the residential than the other commercial components right now. Planning Director Darling stated that at this point, the City has not heard from anyone that is able to assemble all of the commercial properties. Councilmember Gorham stated that he would like see a mixed use at this corner and believes there will be more opportunity in the future after the area gets built up more. Councilmember Johnson stated that he would agree with Councilmember Gorham’s comments surrounding mixed use on the corner and feels that these four parcels need to be part of that planning process because they will serve as the buffer for the residents. He stated that he feels it should be a transition area. He stated that he also struggles with talking about these four parcels without talking about the full corner area. Councilmember Callies stated that it does not appear as though there is a big urgency to make a decision about this right now, especially without having anyone come in with an innovative plan that would be useful. Mayor Labadie asked if she was understanding correctly that the full Council was all leaning towards waiting on this until it can be looked at in a totality and incorporate the entire area. She stated that if someone comes forward, the Council could have another work session discussion about it at that time. Councilmember Siakel stated that she believes that approach was the Planning Commission’s goal after they completed this study. Mayor Labadie reiterated that she feels the entire Council is leaning in the direction of just waiting. Mark Kaltsas, 6015 Cathcart Drive, stated that he owns one of the properties in that cluster and has also been going back and forth with staff for quite awhile on that property. He stated that recently Admark acquired one of the parcels from the American Legion. They purchased that CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 10, 2021 Page 4 of 5 with the intent to do some development on the property. He stated that he and his business partner both live in Shorewood and they looked at this as an opportunity given its guidance in the Comprehensive Plan as a transition property. He stated that he appreciates the sentiment of the Council that this could be something that is pushed off, but he owns it and wants to do something with it and it is currently zoned C-1. His interest is in developing it for what it is guided for in the Comprehensive Plan and come up with a project that would really fit this area. He stated that one of their driving factors was looking for opportunities for their parents to move to Shorewood and saw this as something that they could put together that would provide for that desire. He reiterated that they think there is an opportunity there that would comply with the Smithtown Road plan. He stated that they have submitted a concept plan to the City. He stated that the Council had talked about filling a need and ‘affordable’ and noted that he likes to use the term ‘obtainable’ and thinks of it as just regular people obtaining housing and not just people of a certain income level. He stated that he is interested in obtainable housing, connecting it to the community, and making it an integral part of that corner. He stated that because there are multiple owners in this corner, the assembly of the property will be difficult given the valuations on the buildings that are there. He stated that to think someone can come in and assemble all eight or nine of those parcels will be difficult, but thinks a master plan could be developed so parcels of the plan can get developed within which is something he is interested in. He owns just one of the parcels and would like to know if they would be interested in their parcel getting incorporated into a master plan for what he considers to be the lower density residential piece. He reiterated that he would like to do something with this parcel because he did not buy it to sit on it or wait and reminded the Council that the assembly of the parcels is dependent on the people selling them. He stated that he is interested in assembling the western portion of the property and reiterated that he had not purchased the property in order to sit on it and wait. Scott Zerby, stated that there are a number of people in attendance tonight which are mostly neighbors from Christopher Road who had concerns that they have voiced in the past and appreciates that the Council has recognized those concerns tonight. He stated that their concern has always been to have a transition buffer from the corner towards the residents. He stated that they live on C-1 which was two homes per acre, so to move from that to six to eight houses per acre is three times the density which is concerning to them. He stated that Planning Director Darling included the fourth property in the report and noted that the last two western properties were considered optional and knows the developer has presented a proposal for only three of the lots. He stated that there is some confusion as to what may be developed and they just want to make sure the Council recognizes their historical comments. Mayor Labadie stated that she can see a lot of residents from this area that are concerned who abut or are near to this parcel on the call. She encouraged them to keep communicating with Planning Director Darling and their elected representatives to voice their concerns. She assured the residents that the Council is listening and have given staff direction regarding this parcel. Councilmember Callies asked why the zoning and the Comprehensive Plan are in conflict and why it had not been remedied. Planning Director Darling stated that the City is not yet finished with the most recent Comprehensive Plan process and explained that the changes are made once that process is finished. She stated that she has spoken with the former Planning Director and believes the changes were not made twelve years ago in order to give the Council greater discretion. Christopher Gehrke, 24650 Smithtown Road, stated that he owns one of the parcels in the group of four. He stated that he thinks there may be some confusion about Mr. Kaltsas purchasing his CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 10, 2021 Page 5 of 5 property because he has never been contacted. Mayor Labadie stated that the Council does not have this information. Planning Director Darling stated that it would be up the developer to make contact. She stated that she believes the developer was waiting to see if the Council was interested in selling the EDA property before approaching more homeowners. 3. ADJOURN Johnson moved, Gorham seconded, Adjourning the City Council Work Session Meeting of May 10, 2021, at 6:50 P.M. Roll Call Vote: Ayes – all. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 10, 2021 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, Callies, and Gorham; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Gorham moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of April 26, 2021 B. Approval of the Verified Claims List C. Approve Resolution Designating 2022 Polling Places, Adopting RESOLUTION NO. 21-048, “A Resolution Designating 2022 Polling Precinct Locations for the City of Shorewood.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS A. Fall and Winter Photo Contest Winners CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 10, 2021 Page 2 of 6 th City Clerk/HR Director Thone gave an overview of the 7 Bi-annual Photo Contest for the City. She stated that the winner in each category will received a framed print and will have their photo on display at City Hall and the Community Center. The winners: Fall Delights - “Election Eve” submitted by Duffy Larson; Winter Wonder – “March” submitted by Caroline Anderson; “Cooper’s Hawk” submitted by Mary Sheridan. 6. PARKS A. Park Survey for Adult/Senior Activities Planning Director Darling gave an overview of the Park Survey. She stated that the goal of the survey was to determine what the senior and adult park needs may be that are not currently being met within the City parks. She stated that they were specifically wondering if adult exercise equipment would be an appropriate use within the parks but also asked what other types of equipment the seniors and adults might like to use. She stated that walking trails were found to be the most commonly used by all adults. She stated that there were 26 respondents that said they would like adult exercise equipment and would like it at Freeman Park and a majority of the respondents stated that they would like the equipment to be located on the trails rather than in one specific location. Other suggestions were: bocce ball courts; horseshoe pits; cornhole; more pickle ball courts; disc golf; outdoor exercise classes such as yoga and tai chi. She pointed out that there will be two more pickle ball courts coming on-line as soon as the Badger Park surfacing is finished. 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Approval of Change Order No. 1 for Glen/Amlee/Manitou Street Reconstruction and Utility Project, City Project 18-08 City Engineer Budde explained that at the March 8, 2021 City Council meeting, the Council awarded the tree removal contract to Davey Trees for all the trees along the Glen/Amlee/Manitou corridor. The original intent was to save as many trees as possible by using alternative methods and attempt to avoid taking out healthy trees. The original contract with Davey Tree was for $130,522.07 and had included an add alternate per tree amount for the cost to remove trees that were not part of the bid total. He stated that the City was able to get right of entry for these alternate tree locations and explained that they also continued to get questions from residents about the trees that are very adjacent to the road project and the right-of-way. He stated that he and the City arborist evaluated the trees in question along with the homeowners and decided it was appropriate to remove them as part of this project while there was already a tree contractor on site versus potentially having claims a few years down the road. The additional trees that they are recommending removing are either ash trees or were leaning precariously and had some underlying health condition and explained that the change order is for $67,975.44. He noted that many of these trees that were removed were large and some were tangled up in power lines, so they were not easily removed. Staff recommends approval. Councilmember Callies asked if Davey Tree left the stumps or if they removed them. City Engineer Budde stated that the stumps were left and were intended to be removed by the road contractor and they have already been ground out and largely backfilled. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 10, 2021 Page 3 of 6 Councilmember Callies asked about the logs after they take down the trees. City Engineer Budde stated that all of the logs were generally hauled out, but noted that there were a number of property owners who wanted to logs left because they wanted to cut and split it. He stated that if that was their desire, they tried to work with them and leave the wood in a spot that worked for them and the contractor. Councilmember Gorham asked if the Council was being asked to approve an add alternate as well as a change order this evening. City Engineer Budde explained that this was just for the change order because the Council had approved the base bid and the add alternate, so this change order is recognizing the total amount of the cost to remove trees. Mayor Labadie noted that she had received some questions from residents regarding this agenda item and believes that City Engineer Budde had answered all but one of them. She asked if additional tree removal, with future road projects, would be looked at on a case-by-case basis. City Engineer Budde stated that was correct and noted that from the beginning of this project, preserving every tree was the priority which is why they tried to reduce it down as much as they could with the original plans. He noted that they do generally take ash trees because of the threat of Emerald Ash Borer. Gorham moved, Siakel seconded, Adopting RESOLUTION NO. 21-049, “A Resolution to Approve Additional Tree Removal for Glen Road, Amlee Road, and Manitou Lane Street and Utility Improvements, City Project 18-08.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. B. Approval of MNDOT Agreement for TH 7/Old Market Road Intersection, City Project 21-06 City Engineer Budde explained that MnDOT is planning to make improvements to State Highway 7 and as part of the project there will be improvements to the overall mainline and also replace the signal at State Highway 7 and Old Market Road. He stated that MnDOT is also planning to remove the slip right turn that goes from northbound to eastbound on Highway 7. He stated that staff did not support this and questioned MnDOT about this recommendation and their feedback was that they did not necessarily have crash issues at this particular intersection, but they do have higher than average crashes at intersections similar to this throughout the State, so its removal is proactive. The cost for the signal will be split between the City and MnDOT and noted that they do not yet know the exact cost, but it is estimated to be around $77,000. Staff recommends approval. Councilmember Callies asked if MnDOT had considered extending the length of the run-off rather than removing the right slip turn lane. City Engineer Budde stated that they tried to engage in conversation to get a better understanding of their decision, but even if they extend the run-off lane, they still anticipated that there would be accidents or safety concerns. He stated that in those types of situations it is hard to sway their decision and safety really is of utmost importance for everyone involved. City Administrator Lerud stated that MnDOT also had some concerns about the sidewalk in that location that was going across the free right and this makes it come all the way down to the intersection so there is not an additional pedestrian crossing. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 10, 2021 Page 4 of 6 Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 21-050, “A Resolution to Enter into Agreement with MnDOT for State Highway 7 and Old Market Road Intersection Signal Improvement Project, City Project 21-06.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. C. Accept Bids and Award Contract for 2021 Mill and Overlay Project, City Project 20-08; and Sweetwater Curve Watermain Repair, City Project 20-11 City Engineer Budde reviewed the project area and noted that bids were opened for the project on May 4, 2021. There were four bids received with the low bid coming from GMH Asphalt which was about 16% below the engineer estimate. If approved, the project is to be substantially completed by September 3, 2021 with final completion by October 1, 2021. He reviewed the expected funding sources and noted that staff had applied for a grant from the Riley Purgatory Bluff Creek Watershed District and were awarded up to $50,000 to put in some sediment control nd devices near Silver Lake. He stated that 62 Street is funded 50/50 with the City of Chanhassen and noted that a formal agreement will be coming at a later date. Staff recommends approval. Mayor Labadie thanked staff for their work to apply for grant funds. Councilmember Johnson stated that the recent trend of the bids coming in below budget has been nice, but wonders with the recent spike on construction material costs whether that may be changing. He asked how long of a window there will be until the City starts to see an impact from those spiking costs. Councilmember Gorham stated that his understanding is it is more building material, such as lumber and steel. He stated that if there were spikes in road material costs, he believes the City would have felt it by now. City Engineer Budde stated that the bituminous and aggregate materials are not necessarily skyrocketing. He stated that he has heard that fuel prices will go up which will ultimately affect the asphalt pricing. The biggest impact they are seeing is in plastic materials, such as watermain pipes, PVC piping because resin costs are going up. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-051, “A Resolution Accepting Bids and Awarding Contract for the 2021 Mill & Overlay Project, 20-08; and Sweetwater Curve Watermain Repair, City Project 20-11.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS A. Approve MetroNet Letter of Agreement City Administrator Lerud explained that last year, representatives from Shorewood, Excelsior, and Tonka Bay met with MetroNet to discuss their interest in installing fiber throughout each city. He noted that MetroNet purchased Jaguar Communications who had installed fiber optic to City Hall a few years ago. He stated that City Attorney Keane has reviewed the Letter of Agreement and explained that the next step in the process is to negotiate a franchise agreement. Councilmember Gorham asked if the expectation is primarily underground and would like to know what residents can expect. City Administrator Lerud stated that his understanding is that they will CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 10, 2021 Page 5 of 6 do a lot of consumer education. For infrastructure, they will use above ground where possible and if there is no above ground alternative, they will bury. Councilmember Gorham asked if the City would do their own communication with this news. City Administrator Lerud stated that the City will partner with them and will not take the lead but will share the communication. Councilmember Callies asked what the advantage of fiber is versus the other options. City Administrator Lerud stated that fiber can transmit more data than the other options and is faster. Councilmember Siakel asked if residents would still have the choice to stay with Mediacom or pick up new service through MetroNet. City Administrator Lerud stated that residents will have a choice. Councilmember Siakel stated that she has concerns about the long-term impact to LMCC because they survive on PEG fees. Mayor Labadie stated that she serves on the LMCC and at the last few meetings this has been discussed. Councilmember Johnson stated that he would be in favor of having the franchise fee attached to internet just to have the increased competition. City Administrator Lerud stated that the City could take a look at that option. Johnson moved, Siakel seconded, to approve the Letter of Agreement with MetroNet as presented. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. First Quarter 2021 General Fund Report Finance Director Rigdon gave a brief overview of the General Fund report for the first quarter of 2021. He noted that overall it has been a fairly light quarter for the City which is pretty usual. Other Planning Director Darling noted that tomorrow evening is the first half of the Park Commission’s annual park tours and will begin at Eddie Station at 6:00 p.m. Public Works Director Brown stated the crews continue to sweep and are currently on the west side of the City and noted that watermain flushing is also occurring behind the sweepers. The posts will be going in on Timber Lane and there are also concrete repairs going on at the police and fire station. City Engineer Budde stated that Glen/Amlee/Manitou is under construction and will be moving into storm sewer work by the end of the week. He stated that thus far everything is going well and on schedule. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 10, 2021 Page 6 of 6 City Administrator Lerud stated that tentatively, staff is looking at coming back full-time in City Hall on June 1, 2021 and starting Council meetings being held in the Council Chambers starting in July. B. Mayor and City Council Councilmember Siakel asked if everything was still on track for the clean-up day and the shredding event. City Administrator Lerud stated that everything is on track. Councilmember Siakel stated that there are a number of new Park Commissioners and wanted to note that she thinks the group has really come together quite nicely. She commended Planning Director Darling in guiding the process and transition with the new members. Councilmember Johnson stated that there is an Eden Prairie fire boat parked at the Tonka Bay Marina because the Excelsior Fire Department is looking at replacing its emergency watercraft and is considering that boat. He stated that there have been some test drives this past week and he was able to participate in one of them. Councilmember Gorham noted that he plans to attend a portion of the Park Tour tomorrow evening. Mayor Labadie asked about the status of the speed monitor signs the City had requested be placed in the City. City Administrator Lerud stated that it is on Chief Meehan’s list and believes it will probably be a few weeks out. 11. ADJOURN Callies moved, Labadie seconded, Adjourning the City Council Regular Meeting of May 10, 2021, at 7:56 P.M. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2 C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Verified Claims Meeting Date: May 24, 2021 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid? Background: Claims for council authorization. 66785-66826 & ACH 656,703.28 Total Claims $656,703.28 We have also included a payroll summary for the payroll period ending May 9, 2021. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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'' '.NX;7: ;<NHLP.>AYJ.2UMMJ28%&:C6/H9 !B&$%4.D5'4 &.Jb97: ;<N#>U75&8'$BC.N !X$; /7P.D5$C'$%475&8'$BC.N !X$; /#\[.D5$C'$%47: ;<N#GUMIDGHHY.PH>ZUMI.7H2N9!$%4?!88</A%%5BC.N5?;!$9&$8%N9!$%4?!88</A%%5BC.N5?;!$9&$8%N9!$%4?!88</A%%5BC.N5?;!$9&$8%N9!$%4?!88</A%%5BC.N5?;!$9&$8%N9!$%4?!88</A%%5BC.N5?;!$9&$8%7: ;<LJ7P.NA>JN.7H2NB%$&B!6.N S !.#! 7: ;<LU2JN785%;$C.2 &$%4#CB%%$%4.2 &$%47: ;<L\[UM.7UL28%&:C6.DB;& !$B.NX;7: ;< 0))0W(++1+++(+R),W,F01W """"""" !"#$%&!++-W1R)@ %'8!++R-0F@ %'8!`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dHMN S !.K.N S !.K.7: ;<\[AGMJG.7HMMJ7LM &S8!<.2B$%&.N !X$; M &S8!<.2B$%&.N !X$; 7: ;<\[2.2J>>JG.K.NHMN.UM7#@^+./.IC %.G8B'/2B%$&85./.A3C .N&! &7: ;<L8&BC.=8!.7: ;<.G5%L8&BC.8=.M53? !.8=.7: ;< F-+F+)F(1 """ !"#$%&!@ %'8!,1R11W(-(),1R11W(-()@ %'8!-,,F(((,-,,F(()(@ %'8!#@^+/IC %/2B%$&85*A3C A#/78395& !.7: ;<.#!88=.>$&.?6 2D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Annual Review and Update of City Data Practices Policies Meeting Date: Monday, May 24, 2021 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Brenda Pricco, Deputy Clerk Attachments: Resolution Policy Consideration: Annual Review and Update of Data Practices Policies as required by MN State Statutes Section §13.025 and Section §13.03 Background: Minnesota State Statutes, sections 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota State Statutes, section 13.03, subdivision 2 requires entities to establish procedures that data requests are complied with appropriately and promptly. Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data. The attached policies for the City of Shorewood: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public reflect the most current and relevant information. There were no changes in personnel and appointments for the year 2021. Approval of these policies will satisfy the government entity annual update obligations and requirements for the year 2021 pursuant to MN state law. Financial or Budget Considerations: None Recommendation/Action Requested: Staff respectfully recommends the city council approve the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public satisfying the government entity annual update obligations and requirements on or before August 1 for the year 2021 pursuant to MN state law. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing quality public services. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-052 2021 DATA PRACTICES POLICIES WHEREAS, Minnesota State Statutes, sections 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota State Statutes, section 13.03, subdivision 2 requires entities to establish procedures that data requests are complied with appropriately and promptly; and WHEREAS, Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data; and WHEREAS, the City of Shorewood and the Responsible Authority have successfully created and updated the following policies: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public which reflect the most current and relevant information and have been updated to include the most recent changes in personnel and appointments; and WHEREAS, approval of these policies will satisfy the government entity annual update obligations and requirements for the year 2021 pursuant to MN state law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public are approved. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of May 2021. _______________________________ ATTEST: Jennifer Labadie, Mayor _________________________________ Sandie Thone, City Clerk /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ IĻƓƓĻƦźƓ /ƚǒƓƷǤͲ aźƓƓĻƭƚƷğ Data Practice Policy for Data Subjects 1 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Data about you The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. Classification of data about you The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. Public data We must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. The following is an example of public data about you: 9ǣğƒƦƌĻʹ WƚŷƓ {ƒźƷŷͲ ЎЉЉЉ {ƒźƷŷ 5ƩͲ {ƒźƷŷƷƚǞƓͲ ab ЎЎЉЉЉͳ \[źĭĻƓƭĻ ğƦƦƌźĭğƓƷ ŅƚƩ hƓΏ{ğƌĻ \[źƨǒƚƩ \[źĭĻƓƭĻ ŅƚƩ {ƒźƷŷƷƚǞƓ \[źƨǒƚƩƭ Private data We cannot give private data to the general public, but you can have access to private data when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. The following is an example of private data about you: 9ǣğƒƦƌĻʹ {ƚĭźğƌ {ĻĭǒƩźƷǤ bǒƒĬĻƩʹ ЍЏБΏББΏ Confidential data Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. We cannot give you access to confidential data. The following is an example of confidential data about you: 9ǣğƒƦƌĻʹ WƚŷƓ {ƒźƷŷ ğƭ ƒğƓķğƷĻķ ƩĻƦƚƩƷĻƩ ƚŅ ĭƚƒƦƌğźƓƷ ƩĻŭğƩķźƓŭ ĭŷźƌķ ğĬǒƭĻ Data Practice Policy for Data Subjects 2 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Your rights under the Government Data Practices Act The City of Shorewood must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Access to your data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we collect data from you When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. LŅ Ǥƚǒ ǞğƓƷ ǒƭ Ʒƚ ƩĻƌĻğƭĻ ķğƷğ Ʒƚ ğƓƚƷŷĻƩ ƦĻƩƭƚƓͲ Ǥƚǒ ƒǒƭƷ ǒƭĻ ƷŷĻ ĭƚƓƭĻƓƷ ŅƚƩƒ ǞĻ ƦƩƚǝźķĻ͵ Protecting your data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. Data Practice Policy for Data Subjects 3 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone When your data are inaccurate and/or incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to make a request for your data You can look at data, or request copies of data that the City of Shorewood keeps about you, your minor children, or an individual for whom you have been appointed legal guardian. Make your request for data to the appropriate individual listed in the Data Practices Contacts on page 6. We prefer you use the data request from on Page 8 for all data requests. If you choose not to use the data request form, your request should include: You are making a request, under the Government Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you. Whether you would like to inspect the data, have copies of the data, or both. A clear description of the data you would like to inspect or have copied. I The City of Shorewood requires proof of your identity before we can respond to your request for data. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on page 9. How we respond to a data request Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. LŅ ǞĻ ķƚ ƓƚƷ ŷğǝĻ ƷŷĻ ķğƷğͲ ǞĻ Ǟźƌƌ ƓƚƷźŅǤ Ǥƚǒ źƓ ǞƩźƷźƓŭ ǞźƷŷźƓ ЊЉ ĬǒƭźƓĻƭƭ ķğǤƭ͵ If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data. If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: o Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o Provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 7. Data Practice Policy for Data Subjects 4 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Ļ Ǟźƌƌ ƦƩƚǝźķĻ ƓƚƷźĭĻ Ʒƚ Ǥƚǒ ğĬƚǒƷ ƚǒƩ ƩĻƨǒźƩĻƒĻƓƷ Ʒƚ ƦƩĻƦğǤ ŅƚƩ ĭƚƦźĻƭ͵ After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Data Practice Policy for Data Subjects 5 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1) Name: Mike Meehan, Chief of Police, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2) Name: Laura Holtan, Administrator, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3) Name: Brenda Pricco, Deputy Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practice Policy for Data Subjects 6 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Copy Costs Data Subjects The City of Shorewood charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. ƚǒ ƒǒƭƷ ƦğǤ ŅƚƩ ƷŷĻ ĭƚƦźĻƭ ĬĻŅƚƩĻ ǞĻ Ǟźƌƌ ŭźǝĻ ƷŷĻƒ Ʒƚ Ǥƚǒ͵ Actual cost of making the copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, flash drive, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. Data Practice Policy for Data Subjects 7 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Data Request Form Data Subjects ƚ ƩĻƨǒĻƭƷ ķğƷğ ğƭ ğ ķğƷğ ƭǒĬƆĻĭƷͲ Ǥƚǒ ƒǒƭƷ ƭŷƚǞ ƌźĭĻƓƭĻͲ ƒźƌźƷğƩǤ L5Ͳ ƚƩ ƦğƭƭƦƚƩƷ ğƭ ƦƩƚƚŅ ƚŅ źķĻƓƷźƷǤ͵ Contact information Data subject name: Parent/Guardian name (if applicable): Address: Phone number/email address: Staff verification Request date: Identification provided: I am requesting access to data in the following way: Inspection Copies Both inspection and copies We will respond to your request within 10 business days. bƚƷĻʹ LƓƭƦĻĭƷźƚƓ źƭ ŅƩĻĻ͵ ŷĻ /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ ĭŷğƩŭĻƭ Ʒƚ ƦƩźƓƷ ŷğƩķ ĭƚƦźĻƭ ƚŅ ķğƷğ͵ These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practice Policy for Data Subjects 8 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as o o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID A minor individual must provide a valid photo ID, such as o o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either o a certified copy o o child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Data Practice Policy for Data Subjects 9 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood Data Subjects. This notice to the Commissioner satisfies the City of Shorewood Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk/Human Resources Director and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner Submitted May 8, 2017 *DƚǝĻƩƓƒĻƓƷ ĻƓƷźƷźĻƭ ƒğǤ ƭǒĬƒźƷ Ʒŷźƭ ƓƚƷźŅźĭğƷźƚƓ ĬǤ ƒğźƌ ƚƩ Ļƒğźƌʹ Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practice Policy for Data Subjects 10 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03;Sandie Thone /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ IĻƓƓĻƦźƓ /ƚǒƓƷǤͲ aźƓƓĻƭƚƷğ Data Practices Policy for Public 1 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03; Sandie Thone Right to access public data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to make a data request You can look at data, or request copies of data that this government entity keeps. Make your written request for data to the appropriate individual listed in the Data Practices Contacts on page 4. You may make your request via email, fax, mail, or in person using the form on page 6. If you choose not use to use the data request form, your request should include: You are making a request for public data under the Government Data Practices Act (Minnesota Statutes, Chapter 13). Whether you would like to inspect the data, have copies of the data, or both. A clear description of the data you would like to inspect or have copied. This government entity cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How we respond to a data request Upon receiving your request, we will work to process it. If it is not clear what data you are requesting, we will ask you for clarification. If we do not have the data, we will notify you in writing within 10 business days. If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: o Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or Data Practices Policy for Public 2 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03; Sandie Thone o Provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. We will provide notice to you about our requirement to prepay for copies. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Requests for summary data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make request in writing and pre-pay for the cost of creating the data. Upon receiving your written request you may use the data request form on page 6 we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. Data Practices Policy for Public 3 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03; Sandie Thone Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1) Name: Mike Meehan, Chief of Police, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2) Name: Laura Holtan, Administrator, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3) Name: Brenda Pricco, Deputy Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practices Policy for Public 4 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03; Sandie Thone Copy Costs Members of the Public This government entity charges for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). For 100 or fewer paper copies 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Most other types of copies actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. If, because of the subject matter of your request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage. Data Practices Policy for Public 5 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03; Sandie Thone 5ğƷğ wĻƨǒĻƭƷ CƚƩƒ aĻƒĬĻƩƭ ƚŅ ƷŷĻ tǒĬƌźĭ Request date: I am requesting access to data in the following way: Inspection Copies Both inspection and copies bƚƷĻʹ LƓƭƦĻĭƷźƚƓ źƭ ŅƩĻĻ We will respond to your request as soon as reasonably possible. Contact information Name: Address/phone number/email address: Note: You do not have to provide any contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practices Policy for Public 6 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03; Sandie Thone Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities that choose to adopt the l policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood Data Subjects. This notice to the Commissioner satisfies obligation under Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner of Administration Submitted May 8, 2017. *DƚǝĻƩƓƒĻƓƷ ĻƓƷźƷźĻƭ ƒğǤ ƭǒĬƒźƷ Ʒŷźƭ ƓƚƷźŅźĭğƷźƚƓ ĬǤ ƒğźƌ ƚƩ Ļƒğźƌʹ Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practices Policy for Public 7 Annual Review and Update Dated 5/24/2021 MN 13.025 and 13.03; Sandie Thone City of Shorewood Council Meeting Item 2E Title/Subject: Retail Tobacco License for Cowboy Tobacco MEETING TYPE Meeting Date: Monday, May 24, 2021 Regular Meeting Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Brenda Pricco, Deputy Clerk Attachments: Resolution 21-053 Background: Pursuant to Section 302 (Sale of Tobacco) and 1301 (Municipal Fees) of Shorewood City Code retailers within the city limits who wish to sell tobacco products are required to obtain a license from the city. The Shorewood City Code provides that an applicant complete an application and pay a licensing fee. On March 8, 2021 the Shorewood City Council approved a new tobacco license for Cowboy Tobacco located at 19905 Highway 7 with an effective date of April 1, 2021. On May 4, 2021, we received a Tobacco License application from Bakr Alkarkhi who was in the process of taking over the business. Mr. Alkarkhi has successfully submitted a complete application, successfully passed a background investigation through South Lake Minnetonka Police Department (SLMPD), paid the current annual tobacco license fee of $250 and signed and is compliant with all requirements for obtaining a license and has agreed to abide by the city code tobacco licensing requirements. This section of code includes providing access to the police department during regular business hours and an annual compliance check. Bakr Alkarkhi: Cow Boy Tobacco, LLC located at 19905 Highway 7 in the Waterford Center The period of this license to sell tobacco in the City of Shorewood is effective May 25, 2021 through October 31, 2021. At that time the license will come up for annual renewal along with other tobacco licenses for the period of November 1 through October 31. Financial or Budget Considerations: The licensing fees collected as revenue offset the expense of issuing the permits pursuant to Shorewood City Code Section 1301 (Municipal Fees). Recommendation/Action Requested: Motion: Staff respectfully requests the city council approve Resolution 21-053 License to Bakr Alkarkhi/Cowboy Tobacco located at 19905 Highway 7, Shorewood, MN 55331 to Sell Tobacco Products for the period of May 25, 2021 through October 31, 2021. Motion, Second, and Simple Majority required. Connection to Vision/Mission: Consistency in providing the community with quality public services, a variety of attractive amenities, a sustainable tax base and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-053 A RESOLUTION APPROVING A LICENSE TO TO SELL TOBACCO PRODUCTS IN THE CITY OF SHOREWOOD TO COWBOY TOBACCO WHEREAS, Sections 302 of the Shorewood City Code provide for the licensing of the sale of tobacco products in the city and requires all licensees comply with the code; and WHEREAS, the Shorewood City Code provides that an applicant shall complete an application, pay a licensing fee, and successfully pass a background investigation; and WHEREAS, the following applicant has satisfactorily completed an application, paid the appropriate fee, and passed a background investigation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the sale of tobacco products be issued for a term from May 25, 2021 to October 31, 2021, consistent with the requirements and provisions of Chapter 302 of the Shorewood City Code to the following applicant: Applicant Address Bakr Alkarkhi/Cowboy Tobacco 19905 Highway 7 ADOPTED by the City Council of the City of Shorewood this 24th day of May 2021 _______________________________ ATTEST: Jennifer Labadie, Mayor ____________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2F Title/Subject: Accept Resignation for Crisy Schmidt Meeting Date: Monday, May 24, 2021 MEETING Prepared by: Sandie Thone, City Clerk/HR Director TYPE Reviewed by: Greg Lerud, City Administrator Regular Background: Administrative Assistant Crisy Schmidt has submitted her resignation effective Monday, May 10, 2021. Crisy began her employment with Shorewood in January of 2016 as a part-time receptionist in the Administration department. Over the years, Crisy has played a valuable role in administration and elections, working as a part-time (20 hours per week) administrative assistant. Always willing to lend a hand wherever needed, she eventually perfected duties in most all departments. Crisy was a great addition to the team at Shorewood. We wish her the best in her future endeavors. Action Requested: Staff respectfully recommends the city council accept the resignation of Crisy Schmidt, effective May 10, 2021 and authorize staff to advertise to fill the position. Motion, second and simple majority vote required. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2G Title/Subject: COVID-19 Response Meeting Date: May 24, 2021 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Reviewed By: Sandie Thone, City Clerk/Human Resources Director Attachments: Emergency Declaration 21-03, Resolution Background: Mayor Labadie issued Emergency Declaration 21-01 on January 21, 2021 and Declaration 21-02 on February 18, 2021 in response to guidance from the State of Minnesota. From the onset of the pandemic, the city has consistently followed the Governor’s executive orders, as well as recommendations from the MN Department of Health. Governor Walz recently issued executive orders 21-21, and 21-23 that lifted numerous pandemic-related restrictions. In response, Mayor Labadie issued Emergency Declaration 21-03 on May 20. The Declaration provides many of the restrictions that have been in place since March of last year will be lifted in conformance with the Governor’s executive orders and guidance from the MN Department of Health. The Declaration provides for in-person city council, planning and parks commission meetings scheduled after July 1. City staff will discontinue the split-staff schedule on June 1, and the SCEC can resume scheduling events with no capacity restrictions on July 1. In addition, park reservations can be accepted without a COVID- 19 response plan. Staff recommends keeping the current building inspection restrictions in place, as well as the PW response for emergency requests only. Staff anticipates that these two restrictions can be lifted within the next 60 days. Options: Statute requires that a City Council consider a Mayoral emergency declaration and act to approve, edit, or deny. The City Council has the ultimate policy making authority regarding these polices and can revise in any way the Council determines. Recommended Action: Staff recommends approval of the Resolution by simple majority. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD MAYOR’S EMERGENCY DECLARATION 21-03 PROCLAMATION AND DECLARATION OF EMERGENCY DECLARING AN AMENDMENT TO THE MAYOR’S EMERGENCY DECLARATION 20-01, 20-02, 20-03, 21-01, 21-02 RECITALS 1. The COVID-19 pandemic continues to present an unprecedented and evolving challenge to the State of Minnesota. 2. On March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize and all necessary resources to be used in support of the COVID-19 response. 3. On March 16, 2020, Mayor Scott Zerby issued Emergency Declaration 20-01, which was approved by the Shorewood City Council on March 23, 2020 by adopting Resolution No. 20-026. 4. On June 5, 2020, Mayor Scott Zerby issued Emergency Declaration 20-02, which was approved by the Shorewood City Council on June 8, 2020 by adopting Resolution No. 20-061. 5. On November 19, 2020, Mayor Scott Zerby issued Emergency Declaration 20-03, which was approved by the Shorewood City Council on November 23, 2020 by adopting Resolution No. 20-123. 6. On January 21, 2020, Mayor Jennifer Labadie issued Emergency Declaration 21-01, which was approved by the Shorewood City Council on January 25, 2021. 7. On February 18, 2021, Mayor Jennifer Labadie issued Emergency Declaration 21-02, which was approved by the Shorewood City Council on February 22, 2021. 8. On May 6, 2021, Governor Tim Walz issued Executive Order 21-21 which lifted numerous provisions in the pandemic executive orders, such as social distancing and gathering capacity requirements that will no longer be necessary. 9. On May 14, 2021, Governor Tim Walz issued Emergency Executive Order 21-23, which eliminated the mask-wearing mandate, as well as rescinding other pandemic-related responses. NOW, THEREFORE, MAYOR LABADIE OF THE CITY OF SHOREWOOD PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS: DECLARATIONS 1. Pursuant to the authority set forth in Minnesota Statutes, Section 12.29, declares that a local emergency continues to exist within the City of Shorewood, with all the powers and responsibilities attending thereto as provided by Minnesota Statutes, Chapter 12, and further proclaims that such emergency constitutes a declared emergency pursuant to Shorewood City Code Section 602. 2. Paragraph 5 of the Mayor’s Emergency Declaration 20-01 is rescinded effective July 1, 2021. 3. Paragraphs 4 of the Mayor’s Emergency Declaration 20-02 rescinded immediately. 4. Paragraph 5 of the Mayor’s Emergency Declaration 20-02 is amended as follows (indicated by strikethrough): For field reservations (lacrosse, soccer, baseball, softball, open space where a sport field can be created), all activities shall follow the latest guidelines, policies, or rules from the MN Department of Health or CDC, and consistent with the Governor’s executive orders. A copy of the latest recommendations will be included with any reservation made for field space. Those seeking a reservation shall be required to provide evidence of conformance to the latest guidelines and it shall be the duty of any renter of a city field or facility to communicate to their participants the organization’s COVID 19 policies, and follow all recommended guidelines, as they may be amended, for the duration of their reservation. 5. Paragraph 4 of the Mayor’s Emergency Declaration 21-02 is rescinded immediately. 6. Staff will update the city council for recommended additional actions on an as-needed basis, based on future Governor Emergency Orders, along with guidance from the MN Department of Health. 7. Directs the appropriate City staff to request and coordinate appropriate aid and resources from surrounding jurisdictions, Hennepin County, the State of Minnesota, and the Federal government, as needed. 8. Requests that the City Council approve the provisions of this Emergency Declaration at their meeting on May 24, 2021. 9. Orders that this Emergency Declaration be given prompt and general publicity and that it be filed by the City Clerk. th Dated this 20 day of May 2021. Mayor, Jennifer Labadie ____________________________ Attest: City Administrator, Greg Lerud _____________________________ RESOLUTION 21-054 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING MAYORAL DECLARATION 21-03 WHEREAS, the COVID-19 pandemic has required government to take extraordinary steps to respond to the public health emergency; and, WHEREAS, the Mayor executed an Emergency Declaration, No. 21-03 on May 20, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby approves the Declaration of Emergency, No. 21-03 in its entirety. 2. The policies being approved with passage of this Resolution are, at the time of passage, based on MN Governor’s Executive Orders. 3. Unless specifically amended by Emergency Declaration 21-03, the provisions of Emergency Declarations 20-01, 20-02, 20-03, 21-01, 21-02 and their approval Resolutions remain in force. 4. These measures shall stay in force and effect until the City Council approves additional conditions or finds that the emergency conditions no longer exist and rescinds the Emergency Declaration, and the measures in this Resolution. th Adopted by the City Council of Shorewood, Minnesota the 24 day of May 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 6A CITY OF SHOREWOOD 6000 EUREKA ROAD PARK COMMISSION MEETING FREEMAN PARK EDDY STATION TUESDAY, MAY 11, 2021 CATHCART PARK ND 26655 WEST 62 STREET 6:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Hirner convened the park tour meeting at 6:12 p.m. A. Roll Call Present: Chair Hirner, Commissioners Schmid (left at 6:30), Heinz, Tauer; City Planning Director Darling; Public Works Director Brown; Park and Rec Director Grout; City Administrator Lerud; Mayor Labadie; Councilmembers Callies, Siakel and Gorham Absent: Commissioner Gallivan 2. PARK TOURS Freeman Park: Representative from Three Rivers Park District attended the tour to give an overview of the three different trail options from Freeman Park to the LRT. Three Rivers also explained that since this would be a trailhead, they would list it on their website, install a kiosk and they would need around 10 parking spaces. A few of those few spaces signed as reserved for trail users. The park tour started by walking the trail and discussing the three trail options. Three Rivers Representative mentioned that the trail would be 8-10 feet wide depending on location and there would be some tree loss with each option, although more tree loss would occur with options 1 and 2. Option 2 would need to have a boardwalk built over the wetlands. If a boardwalk were installed, the district would install the boardwalk but the city would be responsible for maintenance thereafter. It was suggested that on the Freeman Park sign by the LRT entrance that “City of Shorewood” be installed on the sign so that users know it is a city park. This item will be brought back to the July park meeting for further discussion. The Park Commission continued the tour of Freeman Park. Public Works Director, Brown indicated that he would be talking to the city engineer about reseeding the south end of the park and part of Badger Park. During the trail walk it was mentioned the entrance sign from the LRT had graffiti on it. If was asked if concrete could be added to the corner of the shelter. When touring the baseball fields, little league field fence posts are coming up. This is already in the CIP. It was also suggested that another bike rack be installed by Eddy Station or in other parts of the parks. At the community gardens it was asked if the compost bins were going to be installed. Staff is going to check on the status of the compost bins. Cathcart Park: Items that were discussed during the tour: PARK COMMISSION TOUR MINUTES TUESDAY, MAY 11, 2021 PAGE 2 OF 2  The edging around the swing set area and how it not aesthetically pleasing,  Potential addition of a gaga pit.  Pickleball should be listed on the website as the court is stripped for it.  The basketball court and hockey rink are very popular.  Use of the hockey rink for an off-leash dog park in the summer for dogs. 3. ADJOURN Heinz moved to adjourn the Park Commission Tours of May 11, 2021 at: 8:08 p.m. Hirner seconded the motion. Motion carried 3-0. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MAY 4, 2021 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:04 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gault, Riedel, and Huskins; Planning Director Darling; Planning Technician Notermann, and Council Liaison Gorham Absent: None 1. APPROVAL OF AGENDA Riedel moved, Huskins seconded, approving the agenda for May 4, 2021, as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 2. APPROVAL OF MINUTES  April 6, 2021 Eggenberger moved, Riedel seconded, approving the Planning Commission Meeting Minutes of April 6, 2021, as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – CUP AND SITE PLAN REVIEW FOR TONKA BAY CAR WASH Applicant: Reprise Design Location: 24245 Smithtown Road Planning Director Darling stated that the applicant is proposing a conditional use permit to rehabilitate the existing car wash and convert two of the bays to be automatic car wash, rather than manual. The applicant is asking for two variances to allow less stacking and less parking than required by ordinance. This would also require a site plan amendment for the proposed changes. She stated that this is currently zoned C-1 and reviewed the surrounding property uses. She explained that the applicant is proposing that the flow of traffic be changed so the vehicles enter the car wash from the west side of the building and exit on the east side of the building. They are proposing to plant new bushes on the south side of the stacking area to provide required screening. She noted that staff recommends that they have a new enclosure for their dumpster CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 2 of 7 once it is relocated and that they hook up to City sewer and water. She gave an overview of the request for reduced stacking and explained staff’s recommendation that the applicant provide additional stacking spaces on the site, which would not need a variance. She stated that the business had originally asked to operate 24 hours/day, but are now proposing 6:00 a.m. to 12:00 p.m. She noted that the applicant has shown that they can meet the noise standards however the City Attorney has asked that there be a condition added that the dryers only function when the doors are closed and also a condition that the applicant must continue to operate the car wash consistent with the City’s noise standards. She stated that the other variance that the applicant is asking for is related to the required parking spaces. She explained that the Zoning Ordinance required 10 full parking spaces but with a fully automatic car wash with the possibility of a maximum of one staff member being on site at a time, they feel that parking requirement may be a bit excessive and have asked to provide the one parking space as proposed on the north end of the building. Staff recommends approval of the variance to provide only one parking stall, denial of the request for reduced stacking, and overall approval of the application. Commissioner Riedel asked for additional clarification on the proposed stacking. Planning Director Darling explained the stacking and noted that staff is proposing that the stacking lines be painted going to the north side of the building so it is clear how the stacking would function. She stated that the Commission could also add a condition that they place a sign that states no stacking is permitted into the public street. Commissioner Huskins asked if the through-putting of cars took into account the vacuuming units that occur right at the exit. He asked if there will be a right turn only sign as cars depart. Planning Director Darling stated that they have full access at their eastern entrance, so she does not think the City could say that it was right turn only. She explained that the applicant is moving most of the vacuuming stations from the site. She stated that she does not believe it will be a problem with stacking but could block exiting cars and suggested that the applicant address this question. Commissioner Gault asked why staff was recommending this be hooked up to City sewer and water. Planning Director Darling explained the reasoning behind this recommendation was related to City Code which requires hook up with development if water is available. Commissioner Gault stated that he would like to know how they propose to deactivate the automatic washes outside of the business hours and asked if the City was proposing that even the manual stalls have limited operating hours. Planning Director Darling stated that she assumed that the manual and automatic stalls would have the same hours of operation. Farhad Hakim, owner of the property, stated that he can answer some of the questions that were raised. He stated that they would like to address the dumpster issue. Since he has owned the property, there are weeks that the dumpster just sits empty. He stated that they are proposing to remove the dumpster and have 2 roller bins on the inside of the building for people to use when emptying their cars and 2 bins on the outside of the building in a similar location to the dumpster. He stated that they would just have the four bins emptied every week rather than having a dumpster on the site. He stated that their goal is to bring the site back to life so it doesn’t look run CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 3 of 7 down and flow easily through the site. He stated that their plan is to only keep the vacuum that is located between the self-service bays. Commissioner Gault asked how the applicant proposed limiting the hours of operation since it is automatic. Mr. Hakim stated that all the machines, including the manual machines, lighting, and doors, can be set on a timer so they will not operate outside of operating hours. Commissioner Riedel asked for the applicant to comment on the stacking issue and whether reorienting the stacking towards the east entrance is acceptable. Mr. Hakim stated that they do not think stacking will be a problem with two automatic bays operating because they will be able to move people through more quickly. He stated that they are willing to put it in writing that if it does become an issue and leak out into the street then they will close the other entrance. He stated that they are definitely open to painting the stacking lines as suggested by staff. Commissioner Eggenberger asked about the possibility of closing the west entrance from the start. Mr. Hakim stated that his biggest issue is that once they are closed you can never get them reopened and would like to leave it open for future possibilities. Commissioner Huskins asked the applicant to comment on the recommendation from staff for this site to use City water and sewer. Mr. Hakim stated that they are not opposed to hooking up to City sewer and water. He stated that either option of using well or City water have pros and cons. Chair Maddy noted that the staff report has a lot of conditions and asked if there were any that the applicant was not willing to concede on. Mr. Hakim stated that they have gone through them and are not opposed to them, but would hope that the City is not trying to hammer them to the ground with restrictions. Corey Englund, Reprise Design, stated that he wanted to touch on the earlier statement that they are planning to move away from dumpsters and change to 96-gallon carts similar to standard residential and commercial size. He asked if the trash enclosure provision could go away if they do that rather than dumpsters. Planning Director Darling stated that the code requires that all trash receptacles on commercial properties to be screened. She stated that if they are kept within the car wash bays, then they would not have to provide an enclosure for the carts. She stated that the 2 carts the applicant would like to have located outdoors would require screening. Mr. Hakim stated that they do not have the be the rolling type of trash can but can just be a bigger receptacle like what is seen at Target or a gas station. Planning Director Darling stated that a trash can could be kept outdoors without an enclosure, but not a cart or a dumpster. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 4 of 7 Mr. Englund stated that he thinks the proposed plan will do a lot to clean up this building and stated that he feels their layout will ensure that the stacking does not overflow to the street. Commissioner Huskins asked about the response time if a person is required to respond to something that occurs on the property. He gave the example of it being 11:30 p.m. and someone is using the automatic bay and the doors do not open at the conclusion of the wash. Mr. Hakim stated that he lives about 9 minutes from the site so he will be responding. He noted that they also have cameras on site and the machines will be new that will even send alerts to his phone if there is something wrong. Chair Maddy opened the Public Hearing at 7:48 P.M. noting the procedures used in a Public Hearing. There being no public comment, Chair Maddy closed the Public Hearing. Commissioner Riedel stated that he is still a bit uncomfortable with the potential stacking issue and noted that he thinks the Commission should be planning for this to be a very successful business, which means congestion. He stated that he understands the applicant’s reluctance to close off one of the entrances and supports the condition that should stacking occur, then the City can require an entrance to be closed. Commissioner Eggenberger stated that he agrees with Commissioner Riedel and would also like to stipulate that the vacuum between the automatic bays is removed. Commissioner Huskins stated that he likes the idea of continuing the striping so it is clearly marked and avoid issues. He stated that he is still unsure about the City sewer and water because of the cost of the hook up. Commissioner Eggenberger asked if Commissioner Huskins felt that the applicant should have the option to keep well water if he wants. Commissioner Huskins stated that he just wasn’t sure what the Commission should recommend because he feels there would be advantages to hooking up to City water, but understands that the costs to hook up are not low. He asked what other Commissioners felt about the recommendation from staff regarding City water. Commissioner Gault stated that he had the same concern and noted that it was phrased as a recommendation within the staff analysis and not a requirement. He stated that if it is not required within the Code, he likes the idea of giving the applicant the option of making that decision. Commissioner Eggenberger asked what the reasoning was being the staff recommendation for hooking up to City water. Planning Director Darling stated it was because of the change in use and the more intense water user now being on City water. She noted that the other commercial properties along Smithtown have already hooked up to City water and this would be the last one. Riedel moved, Huskins seconded, recommending approval of the CUP and Site Plan Review for Tonka Bay Car Wash located at 24245 Smithtown Road, subject to the recommendations that applicant provide full cut off light fixtures and side shielding of the lighting, the dumpster be removed or if they choose to keep it screening be provided, the CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 5 of 7 area be restriped to provide additional stacking space for a minimum of 3 vehicles, connect to public water and pay the connection fee, subject to approved financial guarantees, should any stacking occur in the future in the public right-of-way, the applicant would be required to close the westerly access, business hours will be limited to 6:00 a.m. to 12:00 p.m., the overhead doors are required to be closed during the blowing cycle, and the vacuum between the automatic stalls will be removed. Commissioner Eggenberger expressed concern about the wording being “any stacking” and stated that it seems harsh. He asked what would happen if there was stacking just one time. Riedel amended the motion, Huskins seconded the amended motion, recommending approval of the CUP and Site Plan Review for Tonka Bay Car Wash located at 24245 Smithtown Road, subject to the recommendations that applicant provide full cut off light fixtures and side shielding of the lighting, the dumpster be removed or if they choose to keep it screening be provided, the area be restriped to provide additional stacking space for a minimum of 3 vehicles, connect to public water and pay the connection fee, subject to approved financial guarantees, should staff judge the stacking to be problematic in the public right-of-way, the applicant would be required to close the westerly access, business hours will be limited to 6:00 a.m. to 12:00 p.m., the overhead doors are required to be closed during the blowing cycle, and the vacuum between the automatic stalls will be removed. Roll Call Vote: Ayes – all. Motion passed 5/0. B. SIGN ORDINANCE AMENDMENTS – Continued to June 1, 2021 Chair Maddy opened the Public Hearing at 8:03 P.M. noting the procedures used in a Public Hearing. Planning Director Darling noted that the City had received a letter from Pamela McDonald expressing concerns that even with a 10-foot setback there are some areas with drainage ditches that would make it difficult to put political signage out. Riedel moved, Gault seconded, to continue the Public Hearing for the Sign Ordinance Amendments to June 1, 2021. Roll Call Vote: Ayes – all. Motion passed 5/0. 4. NEW BUSINESS A. Variance to Front yard Setback Applicant: John Mark Graham Location: 5565 Howards Point Road Planning Technician Notermann explained the request for a variance at 5565 Howards Point Road is in order to add a porch to be 43 feet from the front property line where 50 feet is required. She explained that the home was built in 1954 and is considered a legal non-conforming structure. She stated that this lot has 28.8% impervious surface which is more than the 25% allowed in the Shoreland District, but noted that the Shoreland regulations were adopted in 1987. The City received one e-mail from the neighbor at 5490 Howards Point Road, that expressed support for this request. Staff recommends approval of the variance request. Commissioner Riedel asked when the impervious surface on the property increased. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 6 of 7 Planning Technician Notermann explained that it was unclear in the older permits because there wasn’t much information regarding impervious surface at that time. She stated that if you look at aerial imagery, you can see a bit of increased driveway on the south side of the garage and a bit in the back, that was not anything they could find permits for and it is hard to tell when those areas came to be. John Graham, stated that where they plan to put the porch will cover up a garden that had some plastic underneath it. He stated that if the City would like them to remove some of the plastic to help bring down the impervious surface a bit, they are happy to do that. Commissioner Huskins stated that he would like clarification from the applicant on when the home was built and the setback because there are discrepancies between the staff report and the information the applicant submitted. Mr. Graham stated that they have lived in the home for about 50 years and after they moved in an older gentleman had walked by and told him that he used to milk cows in the basement of their house because the home had originally been a barn. Mrs. Graham stated that when they first moved in it was a little bungalow which is where the number from the 1950s came from when they built it on top of the barn. Mr. Graham stated that they do not know exactly when the original house was built because the foundation of the house is double brick wall which was most likely the original barn. He stated that they have added onto the home several times over the years. Planning Technician Notermann stated that she thinks the discrepancy regarding the setback is the difference between the measurement to the edge of the road versus measuring the setback from the property line. Bob Boyer, contractor, stated that he was contacted by the Grahams because they would like to stay in this home as long as they can. He stated that they have tried to move their living to the main level so he is working on a remodeling project to assist them in that effort and a porch is part of that plan for them. Eggenberger moved, Gault seconded, to recommend approval of the variance request to the front yard setback at 5565 Howard’s Point Road for the purpose of constructing a porch Roll Call Vote: Ayes – all. Motion carried. B. Site Plan Review Applicant: Minnetonka Public School District Location: 19685 State Highway 7 Planning Director Darling explained that this is a request for a site plan amendment for property located at 19685 State Highway 7. The Minnetonka School District recently purchased the property and is proposing to remodel the building and site to accommodate a school use for older, special needs students to help them acquire job and life skills to transition into a more independent life. She explained that the majority of the changes are interior to the building but noted that there are a few site changes being proposed. She reviewed some of the conditions and noted that staff recommends approval of the application, subject to those conditions. Commissioner Gault asked about access and drop-off locations. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 7 of 7 Planning Director Darling suggested that the applicant answer those questions. Joe Bourgeois stated that they are expecting between 25 and 40 students who are mildly impaired, ages 18-21. He stated that these are students that can have successful lives if they are taught things such as how to live in an apartment and other life skills. They will also work with local business on apprentice type job opportunities. He explained that there is cross access within the Planned Unit Development and his understanding is that in essence, technically all the parking could be shared. He stated that they are not intending to share and noted that there should be about 10-15 staff members on site on a daily basis. The bus traffic will be the small buses with classes from about 9:00 am to 3:00 pm. He stated that there will be some traffic during the day because the students will go on field trips to various businesses to learn about different jobs. He stated that they have spoken with Alerus and are planning to have the buses enter the west driveway and loop around, drop the students at the west door, and then the buses would exit. He stated that they are anticipating 2 or 3 buses in the morning and also in the afternoon. Eggenberger moved, Riedel seconded, to recommend approval of the request for a Site Plan Amendment for 19685 State Highway 7, subject to conditions as listed in staff report. Roll Call Vote: Ayes – all. Motion carried. 5. OTHER BUSINESS 6. REPORTS • Council Meeting Report Council Liaison Gorham reported on matters considered and actions taken during the Council’s recent meetings. • Draft Next Meeting Agenda Planning Director Darling stated there are a number of new variance applications planned for the next meeting including: a CUP for a new home to be constructed on Birch Bluff; a variance for a new garage addition on Woodside Road; and a variance on Birch Bluff for building height and hard cover. Planning Director Darling stated that although the Planning Commission does not look over Final Plat applications, she wanted to let them know that two submitted, one for The Villas at Shorewood Village, which will now be known as Walnut Grove, and for two duplexes at 20325 Excelsior Boulevard, which will be called Excelsior Woods. 7. ADJOURNMENT Riedel moved, Huskins seconded, adjourning the Planning Commission Meeting of May 4, 2021, at 8:52 P.M. Roll Call Vote: Ayes – all. Motion passed 5/0. #7B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Variance to front yard setback Location: 5565 Howards Point Road Applicant: John Mark Graham Meeting Date: May 24, 2021 Prepared by: Emma Notermann, Planning Technician Review Deadline: August 13, 2021 Attachments: Planning Memorandum from the May 4, 2020 Meeting Correspondence Received Resolution Background: See attached planning memorandum for detailed background on this request. At the May 4, 2021 meeting, the Planning Commission voted unanimously to recommend approval of the variance application to construct a three-season porch 43 feet from the front property line abutting Howard’s Point Road. The applicant was present at the meeting and spoke in favor of the application. Staff also received one letter in support of the request (attached). Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the variance request. Proposed motion: Move to adopt the attached resolution approving a variance for John Mark Graham for property located at 5565 Howard’s Point Road based on the findings and conditions in the attached resolution. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicants could submit a building permit application. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 • 952.960.7900 www.ci.shorewood.mn.us • cityhaII@ci.shorewood.mn.us MEMORANDUM TO: FROM: MEETING DATE: REQUEST: APPLICANT: LOCATION: REVIEW DEADLINE: Planning Commission, Mayor and City Council Emma Notermann, Planning Technician May 4, 2021 Variance to the front yard setback John Mark Graham 5565 Howard's Point Road August 13, 2021 LAND USE CLASSIFICATION: Low Density Residential ZONING: R-1A/S FILE NUMBER: 21.03 REQUEST: The applicant requests a variance to the setback from the front yard line in order to add a porch to their existing non -conforming house. The proposed porch would be located 43 feet from the front property line abutting Howard's Point Road where 50 feet is required. Notice of this application and the public meeting was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. BACKGROUND Context: The existing home was constructed in 1954 and is located as close as 28.7 feet from the front property line abutting Howard's Point Road. The R-1A zoning district requires a front yard setback of 50 feet, so the house is considered a legally non -conforming structure. Additionally, the current impervious surface coverage on the lot is 28.8%, which is more than the 25% limit in the Shoreland District. The following permits where approved, but no approvals have ever been granted for the property to have more than the 25% impervious surface coverage regulated by the Shoreland Regulations. 1973: Detached Garage approved Page 2 1983: City Council approved a building permit for a swimming pool 1984: Administrative approval of a storage building 1991: Administrative approval of a building permit for a home addition. The Shoreland Regulations were adopted in 1987, meaning that the original construction of the home and much of the subsequent development was done prior to the impervious surface coverage limits being in existence. The adjacent properties are all developed with single-family homes and zoned R-1A\S. Applicable Code Sections: Section 1201.10 subd. 5. d. of the zoning regulations requires a setback of 50 feet from the front yard line. Section 1201.26 subd. 5. of the zoning regulations limits the impervious surface coverage in the Shoreland District to 25 percent. Section 1201.03 subd. 1(i) of the zoning regulations allows the expansion of non -conforming single-family residential units. Section 1201.03 subd. 1(i) of the zoning regulations allows the expansion of non -conforming single-family residential units provided- 1. That the expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located, The porch addition does not comply with the setback requirement and consequently a variance is required for this expansion. *There are additional criteria, in this section but since the proposed development does not meet the first regulation, a variance is required. Impervious Surface Coverage Required Existing Proposed Impervious Surface Coverage 25 % (max.) 28.8 % d 28.8 % At various points, the property owner developed the property with home additions, accessory structures and driveways, some of which were approved and some not. As a result, the property is currently over the maximum impervious surface coverage allowed. The applicants' proposal does not increase the amount of impervious surface coverage currently on the property. The location of the porch will be located over the top of existing flower beds with liners that are considered impervious surface coverage. <<flower beds without liners are pervious.» ANALYSIS The applicant's narrative is attached and indicates that the property owners propose to add a new porch on the south side of their existing home. The proposed porch would encroach on the front yard setback by 7 feet. It is proposed to be setback from the Pine Bend right-of-way more than the required 50 feet. Page 3 Variance Criteria: Section 1201.05 subd.3.a. of the zoning regulations sets forth criteria for the consideration of variance requests. These criteria are open to interpretation. Staff reviewed the request according to these criteria as follows: Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the property for residential purposes. They propose no uses on the site that would be inconsistent with either the intent of the residential land use classification or the district's allowed uses. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the topography. a. Reasonable: The applicant has proposed reasonable residential use on the property. b. Unique Situation vs. Self -Created: The situation is unique as the home was constructed under different regulations. c. Essential Character: The porch would not be out of character for the neighborhood. It does not encroach farther towards the street than the house does, so the character of the lot will remain mostly unchanged. 3. Economic Considerations: The applicant has not proposed the variance solely based on economic considerations, but to enhance the livability of the home. 4. Impact on Area: The property owner is not proposing anything that would impair an adequate supply of light and air to an adjacent property, increase the risk of fire, or increase the impact on adjacent streets. The closest adjacent home to the property is about 100 feet away, but it is located on the opposite side of the property from where the proposed porch will be. The next closest home to the proposed porch is about 200 feet away and the other homes in the area are located across Howard's Point Road and Pine Bend. 5. Impact to Public Welfare, Other Lands or Improvements: Staff finds the porch addition would not be detrimental to the public welfare as it would be a typical addition. The proposed porch addition is not increasing the impervious surface coverage on the lot, as they are placing the addition over existing impervious flower beds. 6. Minimum to Alleviate Practical Difficulty: Staff finds the variance request is the minimum necessary to alleviate the practical difficulties on the property. FINDINGS/RECOMMENDATION Staff finds the variance proposal meets the criteria above and recommends approval of the variance while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning Commission could reasonably find otherwise. Page 4 Should the Planning Commission recommend approval of the variance, staff recommends that the applicant be required to acquire all necessary permits prior to construction. ATTACHMENTS Location map Applicants' narrative and plans e- 5565 Howards Point Road Location Map Ar. 41 'jr Answer to questions on Variance Checklist April 6, 2021 #1 Does it conform to the comp plan? The Variance requested is in conformity and reasonable under the circumstances. It conforms with the comprehensive plans for a R-2 zoning district. The intended use is for residential leisure recreation. The structure will match architecturally with the house and fit in nicely. The porch is consistent with other structures throughout the neighborhood. #2 difficulties? The existing home was built in the 1920s well before Shorewood existed, and well before the existing zoning regulations. There is no alternative location on the property that could reasonably accommodate this porch. #3 Economic considerations? The purpose of the porch is to provide outdoor relaxation for the residents of the home. #4 Variance will not Impair The new porch is more than 200 feet from any other home, and 60 feet from Howard's Point road. It will have no detrimental effect on any adjoining property or roadway. #5 This structure has no effect on the public welfare and will make the home more enjoyable. #6 The porch is of modest size, approximately 12 ft x 12 ft, and the variance is required due to lot line that sets further than normal away from the road due to the curvature of Howard's Point Road. As noted in item #4, the proposed porch is 60 feet away from Howard's Point Road and more than 200 feet away from any other home. Respectfully, J. Mark & Judy Graham 5565 Howard's Point Road Shorewood, Minnesota f 3 „0£;95.00 N uoq A � a pw+oj Keay 1 , 1 O ------------------- Jp� O I.� — -------------- pvoff- i ,, o LEGAL DESCRIPTION: Tract A, except portion taken for road, REGISTERED LAND SUREY NO. 976, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal j description listed above. The scope of our services does not include J determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal J counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey J have been shown. J 2. Showing the location of observed existing improvements we deem necessary for the survey. I — — 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. J 1 4. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrancesthat would be revealed by a current title commitment. Therefore, this J survey does not purport to show any easements or encumbrances other J than the ones shown hereon. 5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. Q ---`- - J 1 STANDARD SYMBOLS & CONVENTIONS: J a - --- "0" Denotes iron survey marker, set, unless otherwise noted. p 6 DATE REMSION DESCRIPTION DRAWING ORIENTATION & SCALE SCALE - 1" N 0 20 40 El— CLIENTNBOAMGYER55BUVDING CORP. 5565 HOWAPDS POINT ROAD SHOREWOOD, MN 114. S 89 03'14" E ---21� Found 3'.V up 1.0 1 t eoy �6 \ 1� 1° 0 ----------------------- e4-?-------- 1 \--------------- — 1 z 1jE l� I i t 1 t I 12 I 1 � I � 12 S 89 03'15' E \ Pine Bend \ I IFRESY GERIIFY THAT 7H5 PI/N, SURVEY OR REPORT VIAS `IP"� BY ME OR G DM MY DIRECT SIIPDiN90N LY REasIEr SHEETTITLE SHEET SIZE 1 7 X 22 Advance WINWIES�OTA cxoER me MSAOF EXISTING CONDITIONS Surveying & Engineering, Co. DATESURVEYED. MARCH 112021 SURVEY {SHEET NO. ^ �1 'I DATE DRAFTED MARCH 11, 2021 17g17 Highway 7 T}.omaa M. Riaom 04 2379 ""-- DRAWING NUMBER Minnetonka, Minnewta S5345 ucsnss ro. MARCH 11a 2021 Phone tsszr 474-7esa 210243 TB J Web: www.ad—.wm FATE SHEET 1 OF 1 i 4 1l2" 7 'GW3336L Remove tile walls Install New Toilet n BA N a- Ln C4 Existing Bay New Windows 3437DG 344206 <I New bay Windom;`— Wz"36 W2736 i (2) 2x10 HOR ti 18R 5B35 DW —B2 37)727- �r 3 ry _� E2 � o I � 4 i- E3 io E E1 New _-- j 1 D132 l 533 T B33 Uppers - Hawthorne - Classic White 1 I I II Lowers - Highland - Classic, White - _ _ �_ - Island - Highland - Cyberspace O _m 2668- 2-1 15/16" :o m s f L. i N II O TILE iiE WD J 'Y emain 3068 1168FX 12' N I 'ORGH 0001) FLR) 1'-7 1116" r"7 OSOYERBUILDIIISCORPORATION.A_LRMM RESERVED, DUPLICATRIII MID DISTRI DOPI OF THIS RPN AITKOUTWRITTEN PERLIISSKIII IS PROHIBDED, 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER NEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT IARAT IT WILL LOOK LIKE 2D VIEWS ALWAYS SUPERCEOE 3D VIEWS Z G� N AA ZZZ Y Q � uNi m U�wDj z CX0 a :9� E3_ M o M LICENSE NUMBER:- 8C0029813 lol a) ,., c) v CC LA)LO 0 O CL z 2-�z (a c� 00 E= O Cu - Lo z I (II C4 L (j LL ) w- x a cu (- a a) W U) a 0 O L 0- DRAWN BY: NICK M. _ DATE: 3/1/2021 SCALE: 1/4" = 110" SHEET M: 2 Emma Notermann From:Donald Check <checkdonald@me.com> Sent:Tuesday, May 4, 2021 3:11 PM To:Planning Subject:John Mark and Judy Graham request for a variance to build a screened porch Dear Marie Darling I am a neighbor of the Grahams and live at 5490 Howards Point Road. I will support their request for a variance to add a screened porch on the south side of their house. Sincerely Donald Check 5490 Howards Point Road Shorewood, Minn 5533d1 1 RESOLUTION 2021-055 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR PROPERTY LOCATED AT 5565 HOWARD’S POINT ROAD WHEREAS, John Mark Graham, (the “Applicant”) proposes encroachments beyond the current footprint of the home on property legally described as: Reg. Land Survey No. 0976, Hennepin County, Minnesota WHEREAS, the Applicant has applied for a variance to allow a porch addition to be 43 feet and from the front property line where 50 feet is required; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the May 4, 2021 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on May 4, 2021 to review the application, the minutes of the meetings are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on May 24, 2021, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1A/S zoning district, which requires all buildings to be set back 50 feet from the front property line. 2. The existing home was constructed in 1954, prior to modern zoning regulations and prior to the adoption of shoreland district regulations. 3. The existing home is considered legally non-conforming and is currently located at 28.7 feet to the front property line. 4. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties and the action is the minimum to alleviate the practical difficulties. 5. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 6. The Applicant’s proposal is identified on the application materials and plans submitted on March 18, 2021, April 14, 20201 and April 15, 2021. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a porch addition to be 43 feet from the front yard setback, based on the plans and materials submitted March 18, 2021, April 14, 2021 and April 15, 2021. B. The City Council specifically finds that the Applicant’s request for the variance is consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates practical difficulties based on the original construction date of the home and would be the minimum request to alleviate the practical difficulties. Additionally, that the improvements proposed would not inappropriately impact the area, public welfare or other lands/improvements in the area. C. The variance shall expire one year after approval unless the applicant has completed the project or an extension has been requested in accordance with Section 1201.05 Subd. 3 of City Code. D. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 24 day of May, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk #7C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Site Plan Amendment Location: 19685 Highway 7 Applicant: ATS&R Meeting Date: May 24, 2021 Prepared by: Marie Darling, Planning Director Review Deadline: July 27, 2021 Attachments: Planning Memorandum from the May 4, 2021 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At the May 4, 2021 meeting, the Planning Commission voted unanimously to recommend approval of the site plan amendment subject to the conditions in the attached resolution. The applicant and a representative of the school district were present at the meeting and spoke in favor of the application. No one from the public requested to speak. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the site plan amendment request. Proposed motion: Move to adopt the attached resolution approving a site plan amendment for ATS&R for property located at 19685 Highway 7 based on the findings and conditions in the attached resolution. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicants could submit a building permit application. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2021 Cases\\19685 State Highway 7_Minnetonka Public Schools\\CAF Memo.docx CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 • 952.960.7900 www.ci.shorewood.mn.us • cityhaII@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: May 4, 2021 REQUEST: Site Plan Amendment Review APPLICANT: ATS+R LOCATION: 19685 State Highway 7 REVIEW DEADLINE: July 27, 2021 LAND USE CLASSIFICATION: Commercial ZONING: PUD (Waterford) FILE NUMBER: 21.04 REQUEST: The Minnetonka School District recently purchased the subject property and propose to remodel the building and site to accommodate a school building for older, special needs students to help them acquire job and life skills to transition to a more independent life. The skills taught require more space per student than is typical for other schools. The majority of the changes are interior to the building and not subject to a review, however a few site changes are proposed: Mill and overlay the parking lot Add a drop-off area on the west side of the building by widening the sidewalk and alter the grades of the drive aisle on the west side of the building to provide handicapped accessibility Adding surmountable curb to allow for snowstorage on the south end of the parking lot The applicant's narrative is attached. BACKGROUND The property contains approximately 47,833 square feet (1.1 acres). The properties to the east and west are used for a daycare and a bank. The properties to the south are residential. All the adjacent properties were developed as part of the Waterford PUD. The building was constructed in 1997. Page 2 ANALYSIS Drop-off alterations: The proposed alterations allow for a compliant handicapped -accessible route into the west side door. At some point in the past, additional parallel parking stalls were added to the east side of the drive -aisle without permission and in violation of the Fire Code requirements for access width. Those spaces would be removed and the sidewalk widened to five feet, which leaves adequate room for a complying width for a drive-aisle/fire access road width and one row of parallel parking. Parking lot design: The mill and overlay project will not result in any changes to the parking layout on the site. The use proposed would typically require 31 parking spaces and 40 are provided. This is based on 8 classrooms and the seating capacity of the largest classroom, as there is no assembly area. Staff finds this to be conforming. Additionally, staff notes that all students would be bussed to this school. The applicant has proposed to install surmountable curb instead of barrier curb in several places in the site to make plowing easier. The zoning ordinance requires barrier curb to protect landscaping islands and greenspaces, with the exception that the applicant could use surmountable curb to facilitate snow storage in the pond area at the south end of the site. Staff recommends a condition requiring the applicant's plans be changed to show barrier curbing except for the area near the pond. The engineer has reviewed the proposed alterations to the grades and as shown throughout the site and finds the changes are minimal and unlikely to have a public impact. Trash Enclosure: Section 1201.03 n. requires all trash receptacles to be screened from all adjacent properties and the public right-of-way. The existing trash enclosure is missing its doors and staff recommend a condition requiring their reinstallation. FINDINGS/RECOMMENDATION Staff recommends approval of the application. Should the Planning Commission also recommend approval of the site plan amendment, staff recommends that the applicant be required to: 1) acquire all necessary permits prior to construction; 2) include a note or reference that the dumpster doors shall be replaced compliance with zoning regulations in the plans submitted for building permit; and 3) show that all curbs protecting greenspace and landscape islands, except on the south end of the site, shall be barrier curb. ATTACHMENTS Location map Applicants' narrative and plans Page 3 19685 Highway 7 Location Map Auk A T S +Z PLANNERS + ARCHITECTS + ENGINEERS April 22, 2021 RE: City of Shorewood — City Submittal — Site and Building Requested Narrative and Project Description. The following is an outline and response to the City of Shorewood, MN Requested Narrative: Project Overview: The existing commercial building located at 19685 State Highway 7, Shorewood, MN was purchased by the Minnetonka Public School District 276 to expand and better serve the older typical students and community from 18 years to 21 years of age, and those students considered to exhibit the need for additional assistance in transitioning beyond their high school years in preparing them for employment and a more independent lifestyle. The existing building was previously used as a doctor's office, in which the interior will be partially reconfigured and renovated to meet the needs of the School District's program. Renovation to the exterior fagade of the building will only involve the replacement of exterior entrance doors. If, and as, budgets allow site reconstruction work will include the removal and replacement of the sidewalk along the west side of the building to allow for a safer sidewalk width of 5 feet. The current sidewalk is 3 feet or less. With the widening -out of this sidewalk, the drive lane pavement along the west side of the building will be removed and replaced with a raised concrete pavement area for the purpose to provide a smaller bus type drop-off area, and that allows an ADA accessible access into the west building entrance. Along with the sidewalk being removed and replaced the existing parking lot island near the front of the building will be removed and replaced with a slightly larger island which will align with the new west sidewalk. Other site improvements will involve replacing a portions of existing concrete barrier curb section at the south end of the parking area with a surmountable curb to better enable snow removal and snow storage. Then the current plan is to mill off the top layer of the remaining asphalt pavement areas and provide a fresh asphalt layer and pavement restriping. The existing site exterior lighting will remain as is, and the current landscaping will stay as is, with only some minor sod repair work being done due to disturbed curb line work and as necessary to spruce up the site. ARCHITECTURE + ENGINEERING + PLANNING + TECHNOLOGY + LANDSCAPE ARCHITECTURE + INTERIOR DESIGN 8501 Golden Valley Road I Suite 300 1 Minneapolis, MN 55427 1 office 763.545.3731 1 fax 763.525.3209 1 www.atsr.com The only other exterior changes will be the updated graphics to the existing monument sign located at the front of the building and along the service drive. Building Interior Modification, Renovations and Repurposing: The interior is being partially modified to provide teaching spaces as highlighted in green below. The teaching spaces include two general use classrooms, a multipurpose room, sewing, kitchen/dining, independent living, gardening, video/control, and a PAES (Practical Assessment Exploration System) lab. The two main entrances, as shown highlighted in yellow, will be reconfigured for security purposes. The remaining spaces will be utilized as program staff individual office spaces, breakout/learning space, storage rooms, restrooms, and conference room spaces. ............................................... . A T S -R ,'ITT Will VITO G it suffm 'G MINNEMOOMOVIIIIIINMASM7 sill " .,A 0 1 0 A TEL 763.545.3M 'IV FAX' 763325.32119 % e 0 d '4" HII, NIII A J) es\ rO'T.;"TAG:, 4 Ali �q - 1, VMUWR kI t ,5l, -f g M), Iv M 0 F -7` ARR", �e, ;" , , '' -A 1% HA rr-;, - txi 'S, N", V ON ROM", NA" MAKI XNA _Tt Y1. "I W, T'j IT, ;sm ANK. _M. a -,w,, _,G 04", tg TO 'N AAA- 'Rao A, H..75 JI. I ;�,A , "r A REOIMW IOSCOIRN.. DVWT HV',,I� "Nap a -T, "j 'k A;'. C, - 'K, V' 'IJOI GRADE INTO CKGTTFG GESTATE ALL DIFYINVIC. CORTRAGGR A BIC A ADD .1 T� TURF NNAS ? Kw F� 4 7v Cu (0 LEGEND CN ....... . .... - 011,�MEAD 'MIES �AD VARE. 0 0 -V- OKI MINES UNDERGROUND inn K RCRUNAND TELEPTHOR N -UNDERGROUND TELEPHONE E (n A JITARY SEVER I SEVER 1A1Y SIWIII CI) AN, "/: -, 1AONE N V, S ORM CIDER III, SEWER 10 --1T1IR1 SEWER GO, E 4) (D 4- > GAS MAIN MAI. 0 =In 0 S 0 NA MR VA. TI WATER GAIN MAIN Cmmz m UNDERGROUND ELECTRIC UNDERGIR I'D ELECTRIC floor GRAIN ELICURC ORMN W -9 00 A2 ROOF DFAAM SPOR LEVY SCALE h ;VW1 1 CO �: Z AUTO SPRINKLER "T" ""Lo, 0 0) L0 :3 I LIGHT TIGHT "T 'ALIE VINFORTS VAN HICIAMON—YOUN . C OWN HAAARVATIVAI _D PAIND -I —,A- 0 (100 EL LOWDIS SEDWYOU ARE H— A. I.L. AM 40 PARKING SPACES SHALL REMAIN . CNNAXV I OHW APF .-If, .1 1 ALL _VIO DRAYMS. VANA"MiNKAGOVAHNI SO 0 Cil ALTERNATE SITE DEMOLITION PLAN 2 ALFERNATE SITE LAYOUT PLAN ALTERNATE SITE GRADING PLAN L1.0 SCAff"""T ....... . ... ... . Sb' "�,IJWR . . . ... ... ... LI-0 �SCALE: 1" = 30' LE: 1 30' qjj9.P9MCL!TION GENERALNOTES DEMOLITION LEGEND CONTRACTOR SHALL BE VYSIBLE TO VISIT THE 511 .. E MO BE SITE LAYOUT GENERAL NOTES SITIELAYOUT PLAN KEYNOTES SITEGRADING PL - A - N - GENERAL NOTES COMPLETELY FAMILIAR WO 7 P FEATURES. ELEMENTS AND PROTECT IRS. C MIRAMOR SMALL BE RESPONI TO Visa THE SITE AND BE NO SURVEY DATUM WAS ACIT""WIPED FOR T IS PROTECT. THE CONTRACTOR SHALL BE REOUIRED TO VERIFY MU GENERATE A I SITE ACCESS, NO ADDITIONAL CC PENSATION WILL BE PROVIDED BY COMPLETELY FAMILIAR WIM DUE FEATURES. ELEMENTS AND ACCESS, NO EXISTING GUTDING/STRUCTURAI SITE FEATURE RECORD EXISTING XG_GULT VERIFICATION PLAN FOR THE PURPOSES OF PROPERLY GRADING THE SITE AND FOR ASSURANCE THAT T E OWNER FOR THOSE SITESrEATUREs. ELEVIEWS AND ACCESS CURB REMOVALS ADDHIONAL COMPENSATION WILL WE PROVIDED BY THE OWNER FOR TH SE S PRIOR rg N ILY MOWN THROUGH A SITE VISIT. REINFORCED CONCRETE DRIVE LANE PAVEMENT PITE EFEATURES ONO L FUNCTION PROPERLY. THE CO TRACTOR SHALL ACQUIRE OWNERS AND ANCHITECTS APPROVAL ......... ISSUES WHICH ARE READ SITE FEATURE% ELEMENT. AND ACCESS ISSUES WHICH ARE READILY KONOWN ROD EDING MTN FINAL GRADING AND ESTAFT SALIENT OF PAVEMENT GRADES. DONGRACTOR SHALL SUNWOU THE RECORD CONCRETE REMOVALS THROUGH A SITE VISIT. AS -BUILT VERIFICATION PLAN PRIOR TO THE START OF ART CONSTRUCTION ACTIVITIES. TH CCHIIRACIOP SHALL BE RESPONSIBLE TO DOCUMENT THE SURMOUNTABLE CURB AMU GLITTER R E C E �j "Id �i AS -MILT SITE ELEMENT& SITE FEATURES AND GIbMI PRO ASPHALT PAVEMENT REMOVAL NO ADDINONA� COMPENSATION WILL BE ALLOWED FOR COORWHATION AND CONTRACTOR SHALL HAVE ALL UNDERGROUND PUBLIC AND PRIVATE UTILITIES LOCATED PRIOR 10 CONSTRUCTION. MEN PREPARE AN AS-SUILT EXISTING WNDITIO14 REFERENCE 5 OUENCING. DELAYS, INCONVENIENCE OR DAMAGE SUSTAINED BY THE CONCRETE RABRIE PLAW CONTRACTOR'S AS-BUCT EXISTING CONDITION REFERENCE BILL AND OVERLAY ASPHALT PAVEMENT COW TOR DUE TO INTERFERENCE FROM THE UTILITIES AD CONTRACTOR SH UL WTCH REPLACEMENT PAVEMENTS GRADES BACK TO PRIOR/EXISTuNG CONDITIONS, AS SHOWN ON DRAMI PLANSSHALL SUBMITTED TO ARCHITECT INNER PRIOR TO APPURTENANCES OR nil OPERATIONS OF MOVING OR INSTALUNG M la> CONCRETE VERA= AND/OR SHALL MATCH UP WITH ADJOINING PAVEMENT OR SITE ELEMENTS. UNLESS OTHERWISE MORT. 1 -0 0 Em. HE TART OF MY SITE RELATED CONSTRUCTION ACTIVITIES. SALVAGE GSTONE MULCH CON RONCTOR SHALL COORDINATE ALL WORK IN THE ILO.W. WIM ------ BIO-RGIU_ TEMPORARY EROSION CONTROL C TRACTOR TO COORDINATE 4L WORK ON THE ILOW, AND CITY WITH ME momourinc ruma AND SIDEVIALK T_G C OF SHOREWOOD. MON. CONTRACTOR TO FOITOW CITY OF SHONEWDUC` ACCESSIBLE SIDEMALK OPENING IT COW TOR SMALL BE RESPONSIBLE M PROPERLY RESTORE GRADES BEHIND BACK OF CURBS (DOC) AND WHERE ME CURB MIT CITY OF SHOREWOOD. NON. CONTRACTOR TO FOLLOW CITY MIN STANDARD FUNDED AND SPECIFICATIONS IN THE ROW. TYPE AND H GHTS HAVE CHANGED. CONTRACTOR SHALL BLEND DISTURBED TURF AWD/OR PIANTING BED GRADES INTO E.ISnNG OF SHOREWOOD. MY STANDARD PLATES AND SPECIFICATIONS IN INLET PROTECTION TEMPORARY EROSION .0 SITE CONDTIONS AND SHALL BE A SMOOTH TRANSITION YOUTH AND INTO EXISTING SITE CONDITIONS, UNLESS 07HEWSE NOTM ME CONTROL CONTRACTOR SHALL NONE ALL UNDERGROUND PUBLIC AND PRIVATE UTILITIES CONCRETE STOOP AND LANDING LOCATED PRIOR TO CONSTRUCTION. PROTECT ALL FASTING TREES TO REMAIN FROM CONSTRAUCINON ACTIVITY- INSTALL THEE PROTECTION MEASURES AROUND �u. TREES THE ALTA/AG IN LAND TITLE SURVEY IS PROKOED BY THE CONCRETE CONTROL JOINT IN IMMEDIATE VICINOV OF CONSTRUCTION ACTIVITY, AND AS NECESSARY. OW14ER AND IS FOR REFERENCE ONLY, AND IS ONLY USED AS DO NOT BEGIN CONSTRUCTION UNTIL RELATED TEMPORARY SITE EROSION L2.0 BAC GROUND INFORMATION FOR REPRESENTING MiS PROJECT. DEMOLITION PLAN KEYNOTES CONTOR L MEASURES ABC IN P . AND HAVE BEEN APPROVED RX I CONTRACTOR SHALL BE RESPONSIBLE TO PROPER REPAIR My AFFECTED DISTURBED TURF. PLANTING BED. OR BFRk MULCH THE 0 ER. NOR THE ARCHITECT ASSUME ANY RISK FOR THE GOVERNING AUTHORITY IF AND AS REQUIRED. CONCRETE EXPANSION JOINT LZ AREAS BACK TO EXISTING GRADE ADD CONDITIONS, AND/OR OWNEWS APPROI WIN PROVIDE ASPHALT BASF AGGREGATE MATERIAL AN NOW-W USE OF THE MIS UWAGE OR ACCURACY THE CONTRACTOR OA PROTECT EXISTING BUILDING XUD/OR SITE STRUCTURAL ELEMENT ALL DIMENSIONS ME TAKEN FROM EXISTING FINISHED PAGE OF BUILDING. C EAR SHALL ASSUME ALL RISK IF� OR AS USED FOR BIDDING OR ASPHALT WE COURSE FOR DISTURBED/AFFECTED AREAS GRADING PLAN LEGEND GO ON ESS OTHERWISE NOTED, ALL COORDINATES ON RADII ME TO CENTER NSTRUCTION PURPOSES. (J� PROTECT EXISTING UGH7 ROLE TO REMAIN. OF RADIUS. (5 ASPHALT OVERLAY WEAR COURSE - MINIMUM 2-01CHES THICK, IN ACCORDANCE WITH STATE LAW. PRIOR TO EXCAVATION OR OC PROTECT EXISTING ABOVE GRADE AND UNDERGROUND UTILITIES- ALSO EDGES OF NALKS WITH BUILDING WALLS MD/OR STOOPS AS SHOWN. UNLESS OTHERWISE DIRECTED BY THE OWNCR*S TESTING AGENT. Ill - FONERI FLUOR ELEVATION GR INC ON ANY SITE, UTILITIES MUST BE LOCATED. CALL GO HER STATE ONE CALL AT 1-800 252-1166 OR MISS OTHERWISE NOTED. 651-454-0002,TO SCHEDULE UTILITY LOCATIONS FOR THIS SITE. Q PROTECT EXISTING SIGNS AND/OR SIG. POE, CO TRACTOR SHALL MATCH REPLACEMENT PAVEMENT. AND REP (13 PAINTED CURB - YELLOW, FOR NO PARKING HP - HIGH POINT (RD 216D.OI-2 BD07] PROTECT EXISTING PAVEMENT TO REMAN. CURB AND COUPON GRACE$ BACK TO PRIOR/EXISTING CONDIP UATUREW 0 MON-SOCID STRIPING - WHITE AS SHOWN W1 4' WIDE STRIPE UP - I.C. POINT ;;WN _w 02' OR AS RJS CO R SHALL HAVE ALL UNDERCROUN DUC AN SHOWN ON DIAMONDS. AMD/OR SHALL MATCH UP WITH ADJOINING 0 NON-SKID UNIVERSAL ACCESSIBLE STALL WARNINGS GIB. GRADE Rmw PRIVATE UTIUTIES LOCATED PRIOR to THE SLUPFUOF �D Q PROTECT EXISTING CORE & WTTERS TO RENAH_ PAVEMENT, CURPAWD GLIMER. OR SITE ELEMENTS. UNLESS OTHERWISE A) CONSTRUCTION AMITIES. N TEM REFER TO CONTRACTOR'S AS -BUN EKSUNO CONDITION (j) NUM-SAU PAVEMENT TEXT - WHITE AS SHOWN ME MAT H EXISTING PROI AWO,'OR PLAAKING MATERIAL TO REMATTL REFERENCE PLANL CONMAKDROFS AS - WILT EXISTING CONDITION 2-n N 0 NOT BEG" CONSTRUCTION UNTIL RELATED TEMPORARY SITE _e' FEES PLAIN SHALL BE SUBMITTED TO ARCHITECT AND OWNER PRIOR NoI omrnw� AMNON MARKERS - WHITE AS SHOWN YC TOP OF CURB ERO ION CONTROL MEASURES ARE IN PLACE. NOT ALL GVE EXISTING DOI PAVEMENT 70 ZQ�'XS REVC REM ' N' TO TH START OF ANY SITE REUVED CONSTRUCTION ACTIVITIES, I —FOR TEM MARY SITE EROSION CONTROL MEASURES REQUIRED MAY, II REMOVE EXISUNG FULL DEPTH CONCRETE PAVEMENT. AD EGATE EA TERZI P 8 BOTTOM OF CURB OR HAVE BEEN. SHOWN ON THE CONS RUCTION DOCUMENTS- SHAII. REMAIN IN PLACE. PROOF-ROUL AND RE -COMPACT FXI 0 AGGREGATE I ROTECT EXISTING TREES TO REMAIN FRO CONSTRUC710H ArThi TRENCH DRAM WITH PEDESTRIAN COVER (a) CONSTRUCTION WHETHER SHOWN OR NOL DOES NOT RELIEVE THE CONTIMCIOR BASE MATERIAL IN THE PRESENCE OF OWNER'S TESTING ENGINEER. MSTAUL IMEE PROTECTION MEASURES AROUND ALL TREES IN IMMEDIATE SC -ME 80110M OF CUM 514ALL MATCH EXISTING IPREVIOUS GRADES) DOODUMENTS VICINITY P OVIDE NEW STORM SEWER CATCH BASIN CASTING FOR OF CONSTRUCTION ACTIVITY. SURMOUNTABLE CURB - MEEHAN R-3510 - CONTRACTOR I'MILEGAM OF KING RESPONSIBLE FOR ME EROSION CONTROL MEASURES ez, CURB AND GUTTER. REMOVE MIRING FULL DEPTH CONCRETE SHALL VERIFY PRIOR TO PURCHASING/iNSTALUNG. BEING INSTALLED MD/OR MAINTAINED. I CURB AND CUTTER AND AGGREGATE BASE MATERIAL SALVAGE EXISTING CONTRACTOR SHALL 81 RESPONSIBLE TO PROPER REPAIR My AFFECTED MARCH 18,2021 CONTRACT R SHALL PROTECT FI NE ITTATIONG AND SITE AGGRE E CASE MATERIAL IF RATES'S TESTING ENGINEER APPROVES MATERIAL O'STI FURi RUNNING KD� OR DARK MULCH AREAS MACY TO EXISTING RESTORE DISTURBED TURF MD/OR PILAWING BED AHEAD TEA RES SO ARE TO REMAIN. ALL SITE FEATURES DAMAGED FOR REUSE. GRACE AND CMOMOI AND/OR ACCORDINGLY 70 OINNER'S APPROVAL. RV CONTRACTOR INICLUD NO TURF AREAS). NOT SCREDUL I TO (2D RESTOR STONE MULCH LANDSCAPE ISLOVIND - PROSIDE FILTER ALTERNATE- L ON MUI 01. FOR REUSE BACK 1!11��70JECT. TIMIPIEZ. PARRING STALL SPACES WILL BE A MI IMUM OF 9'. 20' WHERE FABRIC E BENEATH ADDED SITE DEMOLITION, BE REMOVED, SHALL BE REPAITED/REPLACED Y T CT CONCRETE SIDEWALK IS AT ME HEAD END or THN MUL H NECESSARY FOR LARGE'RUL4HKING LOT TO OWNERS SATISFACTION AT NO ADDITIONAL ST 7 THE MINIMUM OF %,� ja� WERE LAWS OR PLANTING E PARKING STAU AND A SOME AND PLACE SALVAGED STONE OWNER. K REMOVE FULL I) PTH ASPHALT PAVEMENT MATERIAL EXISTING AGGREGATE AREAS ARE A' THE 7 1. SHALL RENARN IN PLACE. PROOF -POLL AMID RE -COMPACT EXIST `XS:I H I END OF THE PARKING STILL SPACE, ANG BE LADDSCAPE ISLAND. LAYOLIT AND GRADING - I A' FOR go -DEGREE PLANS BASE AGGREGATE MATERIAL IN THE PRESENCE OF THE OWNERS TESTING AGE PARTINC ARGUE, ALL OMER STAINING SHALL MATCH EXISTING STRIPING & qpDjMENT AND EROSION CONTROL RBWONSITSIE PARTI S P TECT EXISTING TREES TO REMAN AT DRIII PREPARATION OF SITE IMPROVEMENTS. P LAYOUT CONDITIONS AS PER THE PROPERTY'S RECORD P-LID. DEVELOPMENT. Ig PROVIDE CONCRETE COLLAR AROUND CATCH BASIN INLET A— A, A CO FILM NECESSARY OR AS SHOWN ON THE DEMOLITKRT TO SITE > CONSTRUCTION MATERIAL SHALL IF STORED OR BE t `Iep rim _�o No. .............................. L MILL P GURU TO A MINIM M DEPTH OF 2-INCHES. UNLESS OTHERMSE PAVEMENT & PARKING SUMMARY WR..IIR��-- 1.B.CjC:H..LG . ST Rl C' Is.. N- �'G OR "THIN THE TREETS) DRIPUW. 0 - DIRECTED By THE OWNER's TESTING 'A'GENT. FILL AWD/UR PATCH UNDERLYING HOM PA L LOGGED S� EXECUIRE DIRECTOR OF FINANCE ADD OPERATIONS 21001 CRACKS ON ASPHALT BASE COURSE LAYER. EXSTING PAVEMENT AREA 17,125 SOFT. L CONTRACTOR SHALL PROVIDE AS FAFT Or ME ROJECT THE PROPER EXISTING PARKING LOT ISLAND e 163 SOFT. 1 (952) 401-5024 AL OVERHEAD/UNUERGROUND UTILITIES NOT IND TE TO E RE SH REMAIN. @) REMOVE AND RECYCLE SIGN PANEL. SIGH POST TO REMAIN, 111111TALIA.11 Ill IN IIRIGAHOII SYSTEM THAT APIDOPRIATELY 111P11 zwmw — --------- A/ L, WAT TO THE RECONSTRUCTED SITES LAWN AND PLANTING BED ARFAS, PROPOSED/EXISTING PAVEMENT AREA ± il�106 SOFT. (-19 SOFT.) S BE. �EP-_M_.E-.F AL G, EN 011 -1 STORM SEVEN STRUCTURE CASTING AN IRRIGATION SYSTEM IS REQUIRED IN AREAS WHERE AN IRRIGATION PROPOSED/EXISTING PARKING LOT ISIAND 1112 SOFT, 111:F=;l PROjECT SHE HAM 2 R SCHREMER MULLANEY CONS CTION IROOIC Ui SYSTEM WD BEEN REMOVED. CONSULT WITH THE OWNER IF AN IRRIGATION PARKING SPACES (URNING/PROPOSED) 40 SPACE! MR. BRANDON GORDER, PROJECT HAMMER SHOW NUMIRR BASE 'MATERIAL SMALL REGAIN IN PLACE, V 3 G ADA ..... RE COMPACT EXISTING AGGREGATE BASE MAGENTA SYSTEM 6 DESIRED FOR MY PREVIOUSLY UM-IRROXIATED AREAS. bm 1110111,1MIC-0111SY.- PRESENCE OF OWNER'S TESTING ENGINEER 'SIOD THEY WERE 4 NON -APPROVED PAR ING SPACES (GIC.) 248-0093 01 SECTION 01 22 00 FOR ADDITIONAL INFORMATION. __� . . . ... .... . .......... . . .......... . ALON THE WEST SIDE OF THE BUILDING THAT WILL 140T BE RE-STIMPED AS SUCH Ll .0 ......... ............ . RESOLUTION 2021-056 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A SITE PLAN AMENDMENT FOR PROPERTY LOCATED AT 19685 HIGHWAY 7 WHEREAS, ATS&R, (the “Applicant”) proposes to alter the property to alter the existing building for an educational use on property legally described as: th Lot 2, Block 1 Waterford 7 Addition, Hennepin County, Minnesota WHEREAS, the Applicant has applied for a site plan amendment for various outside improvements as shown on the plans submitted March 20, 22, and 29, 2021 and April 2, 2021; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the May 4, 2021 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on May 4, 2021 to review the application, the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on May 24, 2021, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the Waterford PUD and subject to Section 1201.03 Subd. 17 c., which requires projects to be reviewed by the Planning Commission and approved by the City Council. 2. The applicant has proposed to: 1) mill and overlay the parking lot; 2) add a drop-off area on the west side of the building by widening the sidewalk and altering the grades of the drive- aisle for handicapped accessibility; and 3) adding surmountable curb to the south end of the parking area to allow snow storage near the stormwater treatment pond. 3. The Applicant’s proposal is identified on the application materials and plans submitted on March 20, 22, and 29, 2021 and April 2, 2021. CONCLUSIONS A. The City Council specifically finds that the Applicant’s request for a site plan amendment is consistent with the standards listed in the zoning regulations except as specifically listed below. B. The Site Plan Amendment approval shall be subject to the following conditions: 1. Prior to beginning any construction at the property, the applicant shall acquire all necessary permits. 2. Prior to issuance of a building permit for the new home, the applicant shall alter the plans as follows: a. Include a note or detail that the doors to the garbage dumpster enclosure shall be replaced in compliance with zoning regulations. b. Revise the plans to include barrier curbs protecting greenspace and landscape islands to be barrier curb (B6/12) instead of surmountable, except on the south end of the site. C. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 24th day of May, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk #7D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Conditional Use Permit Amendment, Variance and Site Plan Amendment Location: 24245 Smithtown Road Applicant: Reprise Design Meeting Date: May 24, 2021 Prepared by: Marie Darling, Planning Director Review Deadline: July 27, 2021 Attachments: Revised plans Planning Memorandum from the May 4, 2021 Meeting Engineer’s Memo Fire Marshall’s Memo Resolution Background: See attached planning memorandum for detailed background on this request. At the May 4, 2021 meeting, the Planning Commission voted unanimously to recommend approval of application with the exception of the stacking variance, subject to the conditions in the staff report and that they remove the vacuum between the automatic wash bays. The applicant and property owner were present at the meeting and spoke in favor of the application. No one from the public requested to speak. After the meeting, the applicant withdrew their request for a variance to the required stacking (in writing) and revised their plans to:  extend the stacking area around the north side of the building  remove the dumpster from the site  remove the vacuum between the automatic wash bays from the site The remainder of the Planning Commission’s conditions have been included in the attached resolution. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the site application. Proposed motion: Move to adopt the attached resolution approving a conditional use permit amendment, a variance to the required parking stalls, and a site plan amendment to rehab the car wash at 24245 Smithtown Road for Reprise Design, based on the findings and conditions in the attached resolution. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2021 Cases\\24245 Smithtown Road Wash and Roll Site Plan Amendment\\CAF Memo.docx Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicants could submit a building permit application for the improvements. ooposed use, aand its relatedd constructionn, would be coonsistent withh the policies nns of 1) The prand provisio the Compprehensive Plaan. 2) The prooposed use wwould be comppatible with ppresent and fuuture land usees in the areaa and would nnot tend to orractually deprreciate the arrea in which itt is proposed. 3) The prooposed use wwould not overburden the ccity's service ccapacity and would be acccommodated with existing public servicess including puublic streets. 4) The establishment, mmaintenance or operation of this propossed conditionnal use woulddpromote andd enhance tthe general public welfare and would noot be detrimenntal to or enddanger the pubblic health annd safety. 5) This prroposed use cconforms to thhe applicable regulations oof the district iin which is it llocated and otherwisee conforms to the applicablle regulationsof city code. 1) The variance, and itts resulting coonstruction annd use, is connsistent with thhe intent of thhe comprehennsive plan and iin harmony wwith the generaral purposes aand intent of tthe zoning reggulations 2) The appplicant has esstablished thaat there are ppractical difficuulties in compplying with thiis Chapter. Practical ddifficulties meean:(a) The prroperty owner proposes too use the propperty in a reassonable mannner, but whichis not permittted by this Chhapter.(b) Thee plight of thee landowner iss due to circuumstances unnique to the propperty not creaated by the laandowner.(c) The variancee, if approved,, would not allter the essenntial characterrof the localityy. 3) The variance would not be basedd exclusively oon economic considerationns. 4) The variance shall nnot impair an aadequate suppply of light annd air to adjacent propertyy, unreasonabbly increase tthe congestioon in the publiic street or inccrease the daanger of fire oor endanger thhe public safeety. 5) The variance, and itts resulting coonstruction orrproject, woulld not be detrrimental to thee public welfaare, nor wouldd it be injuriouus to other lannds or improveements in thee neighborhoood. 6) The variance is the mminimum variriance necesssary to addresss or alleviatee the practicall difficulties. Decibel Readings Test Site Details Bay Dimensions: 12'H x 15'W with image package. Figure 23-Decibel Readings. Note: The actual sound level will vary depending on factors including but not limited to the location of the carwash site, type of building, materials used for the site, and size of the building. dBA AT DISTANCE FROM DOOR OPENING DOOR ENTRANCE / OPEN/CLOSED EXIT 0' 10' 20' 30' 40' 95.5 89.0 83.5 81.0 78.5 ENTRANCE DOOR OPEN 101.0 93.5 88.5 84.0 81.0 EXIT 84.5 74.5 70.0 67.0 64.0 ENTRANCE DOOR CLOSED 88.5 78.5 71.5 68.5 64.5 EXIT TM PDQMaxAir Dryer 3 CONFIDENTIAL April 30, 2021 Planning Director Marie Darling 5755 Country Club Road Shorewood, MN 55331 RE: Wash N Roll Shorewood, MN Dear Mrs. Darling, As requested, Bolton & Menk has completed a review of the site plan for the Wash N Roll located at 24245 Smithtown Road PID: 3311723140007. The review is based on plans dated 3/22/2021. Below are comments for your consideration: 1. The current commercial property utilizes an existing well as its water supply. City code requires all commercial properties to be connected to the municipal water supply unless it is deemed unfeasible. Watermains are available approximately 170 feet west of the parcel and approximately 50 feet south of the parcel. The property owner shall provide information on water demand and service size needed to verify if providing municipal water is feasible. 2. Placing the entrance to the car wash on the west side of the building provides for additional vehicle queueing. Although the required queuing appears to fit within the site, there are concerns from Hennepin County and the City queuing could back up and impact the flow of traffic on the County Road/Smithtown Road. If queueing does occur within the throat of the western entrance, we recommend that it be permanently closed. This will allow for the eastern entrance to be utilized and will provide additional queueing on the site. 3. It is recommended to extend the pavement striping further to the north of the building to encourage queueing on the north side of the building instead of towards the west entrance. Sincerely, .ƚƌƷƚƓ ε aĻƓƉͲ LƓĭ͵ Andrew Budde City Engineer (Ȁ͐3(7$͐Ώ#ΐΐΑΒΕΏΒ͐7 ²§ . 2®«« 3¨³¤ 2¤µ¨¤¶͐ΑΏΑΐȃΏΓȃΒΐ 3¨³¤ 2¤µ¨¤¶ ,¤³³¤± Ͱΐȁ£®¢· $¾©«²¹¯µ¸Ɏ%¯¸«Ɏ#¯¹º¸¯©ºɎ (´Ɏ¶§¸º´«¸¹®¯¶Ɏ½¯º®Ɏº®«Ɏ"µ³³»´¯º¯«¹Ɏµ¬ȎɎ #««¶®§¼«´ɉ$¾©«²¹¯µ¸ɉ&¸««´½µµªɉ2®µ¸«½µµªɉ3µ´±§Ɏ!§¿Ɏ ŵŷŴųųɎ2³¯º®ºµ½´Ɏ1µ§ªɎ 2®µ¸«½µµªȍɎ,-ȌɎŸŸŶŶŴɎ kmurphyringate@excelsiorfire.org 952-960-1692 May 3, 2021 Architecture & Planning 12400 Portland Avenue South, STE 100 Burnsville, MN 55337 Re: 24245 Smithtown Road Shorewood, MN 55331 Dear Applicant, I have reviewed the plans for the remodel of the above address. Please make sure that the following issues are addressed. The list below is based on review of the plans received by the City of Shorewood , but not limited to, the review of future submitted plans, tests conducted, or items found during the construction process. Addressing 1) An address must be posted on the building at all times. 2) The permanent address must be: a. Clearly displayed. b. Kept clear of obstructions to help emergency vehicles find the address without delay. c. Visible from the middle of the street during all times of the year and all hours of the day. d. It cannot be covered by snow, snow plowing, over growth, bushes, or vehicles that may be parked in the area. Emergency Knox Box 3) If any locks are changed or added please provide copies of the keys to the Excelsior Fire District for the police and fire emergency Knox box. 4) Please contact the Excelsior Fire District to unlock the fire and police emergency Knox Box on the building if it must be removed during the project. Fire Safety 5) The dumpster(s) must be placed per the Minnesota State Fire Code Section 304, Combustible Waste Material. 6) Constructions site fire extinguisher(s) must have a current inspection tags and be assessable at all times. General 7) Post permanent signs for the Mechanical Room on both doors. 8) Be aware that the electrical needs for the carwash. A final inspection of the building before it opens to the public is required by the Excelsior Fire District. Please give 48 Respectfully, Kellie Murphy-Ringate Excelsior Fire District Fire Marshal 952-960-1692 Kmurphyriongate@excelsiorfire.org RESOLUTION 2021-057 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT, VARIANCE AND SITE PLAN AMENDMENT FOR PROPERTY LOCATED AT 24245 SMITHTOWN ROAD WHEREAS, Reprise Design, (the “Applicant”) proposes to alter the building to accommodate two automatic wash bays and two manual wash bays within the existing building on property legally described as: That part of Lot 27, Auditor’s Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, lying within a tract of land described as follows: Commencing at the intersection of the center line of Smithtown Road, and the west line of said Lot 27 extended north of said Lot 27; thence south a distance of 165.19 feet; thence Easterly and parallel with the center line of Smithtown Road a distance of 645.0 feet, which is the real point of beginning of the land to be described; thence northerly parallel with the west line of said Lot 27 a distance of 165.19 feet to the center line of the said Smithtown Road; thence Westerly along the center line of the Smithtown Road a distance of 150.0 feet; thence south parallel with the west line of said Lot 27 a distance of 165.19 feet; thence easterly parallel with the center line of said Smithtown Road a distance of 150.00 feet to the real point of beginning of the land described herein. Hennepin County, Minnesota. WHEREAS, the Applicant has applied for a conditional use permit amendment, a variance to the required stacking, and a site plan amendment for various outside improvements as shown on the plans submitted March 23 and 24, 2021; April 8 and 16, 2021; and May 13, 2021; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the May 4, 2021 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on May 4, 2021 to review the application, the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on May 24, 2021, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the C-1 zoning district, which allows commercial car washes (drive-through, mechanical and self-service) as a conditional use subject to multiple conditions and Chapter 1201.04 Subd. 1. d. of the zoning regulations which requires projects to be reviewed by the Planning Commission and approved by the City Council. 2. The subject property is subject to Chapter 1201.03 Subd. 17 of the zoning regulations, which requires review of site alterations to be reviewed by the Planning Commission and approved by the City Council. 3. The subject property is subject to Chapter 1201.03 Subd. 5 of the zoning regulations, which requires 10 parking spaces for automatic drive through, serviced car washes, or one space for each employee on the maximum shift, whichever is greater. 4. The applicant has proposed to: 1) mill and overlay the parking lot; 2) add a drop-off area on the west side of the building by widening the sidewalk and altering the grades of the drive- aisle for handicapped accessibility; and 3) add surmountable curb to the south end of the parking area to allow snow storage near the stormwater treatment pond. 5. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties, and the action is the minimum to alleviate the practical difficulties. 6. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 7. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the impact to surrounding properties and to public services. 8. The Applicant’s proposal is identified on the application materials and plans submitted on March 23 and 24, 2021; April 8 and 16, 2021; and May 13, 2021. CONCLUSIONS A. The City Council specifically finds that the Applicant’s request for a conditional use permit amendment to revise two manual car wash bays to two automatic car wash bays is consistent with the standards listed in the zoning regulations, subject to the conditions listed herein. B. The City Council specifically finds that the Applicant’s request for a site plan amendment to alter the site, including revising the entry into the car wash bays is consistent with the standards listed in the zoning regulations, subject to the conditions listed herein. C. The City Council specifically finds that the Applicant’s request for a variance to the required parking to provide one space where the ordinance requires 10, is consistent with the variance standards listed in the zoning regulations and specifically finds that the use of a building to allow two car wash bays to be used for an automatic car wash is a reasonable use not completely considered within the existing parking regulations and that the application has shown practical difficulties in complying with the regulations due to the size of the site and the type of car wash proposed, is not likely to impact essential character of the locality and is the minimum action necessary to alleviate practical difficulties, subject to the conditions listed herein. D. Prior to beginning any construction at the property, the applicant shall acquire all necessary permits subject to conformance with city code, the Engineer’s memo dated April 30, 2021, the Fire Marshall’s memo dated May 3, 2021 and the following: 1. Prior to issuance of a building permit for the new home, the applicant shall alter the plans/submit the following information, as follows: a. Amend the lighting plan to include full-cut off fixtures and a conforming number of lumens per square foot of impervious surface coverage. b. Submit an executed development agreement and the related financial guarantees. c. Provide plans to connect to connect to public water and pay the connection fee. E. The doors must be closed while the wash and dry operations in the automatic bays are in operation. F. The site shall remain striped as shown on the plan submitted May 13, 2021. G. No stacking for the car wash shall occur in the public right-of-way. Should the City document stacking occurring in the public right-of-way, the applicant is required to close the westerly access to the site. H. The site shall remain in conformance with Chapters 1201.03 Subds. i. (glare), m (noise), n (refuse), and v. (lighting). I. The business hours shall be limited from 6:00 a.m. to midnight seven days a week. J. The approvals shall expire in one year if the applicant has not completed or utilized the conditional use permit amendment, unless an extension is requested in conformance with Chapter 1201.04 Subd. 3. c. of the zoning regulations. K. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 24th day of May, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 7E MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Approve Amendment to City Code Chapter 607.03 Regarding Fire Code Requirements for Food Trucks Applicant: City of Shorewood Meeting Date: May 24, 2021 Prepared By: Marie Darling, Planning Director Attachments: NFPA 96, 2017 Annex B Ordinance with amendments indicated Ordinance 578 Resolution for Summary Publication Background: The Excelsior Fire District has requested all its member cities to adopt the attached regulations for the safe operation of food trucks and other mobile commercial kitchens. Once adopted, the Excelsior Fire District would enforce the rules. All of the other member cities have already adopted the regulations. Financial or Budget Considerations: Outside of publication, there is no additional impact to the budget related to this ordinance amendment. Recommended Action: Staff recommends approval of the ordinance amendment. Proposed Motions: Motion to approve ordinance 578 amending Chapter 607.03 to adopt NFPA 96, 2017 Annex B by reference. Motion to approve a resolution for summary publication of the ordinance. Action on the ordinance requires a simple majority vote and action on the summary publication requires a super majority vote (4/5). Next Steps and Timeline: If the ordinance were adopted, staff would publish the ordinance and send a copy of the adopted ordinance to the Excelsior Fire District. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. ORDINANCE 578 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SECTION 607.03 (FIRE CODE OPTIONAL CHAPTERS) OF CITY CODE Section 1: City Code Section 607.03 is hereby amended as follows: (Underlined language is proposed for insertion) 607.03 FIRE CODE OPTIONAL CHAPTERS. Subd. 1. The Minnesota State Fire Code, established pursuant to M.S. 299F.011, allows the city to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Fire Code. Subd. 2. The following optional provisions identified in the most current edition of the State Fire Code are hereby adopted and incorporated as part of the fire code for the City of Shorewood: a. Appendix A, Board of Appeals, International Fire Code IFC 2000; and b. Appendix B, Fire-Flow Requirements for Buildings, IFC 2000; and c. Appendix C, Fire Hydrant Locations and Distribution, IFC 2000; and d. Appendix D, Fire Apparatus Access Roads, IFC 2000; and e. National Fire Protection Association (NFPA) Standard No.72, 2000 edition, National Fire Alarm Code; and f. National Fire Protection Association (NFPA) Annex B, 2017, Mobile and Temporary Cooking Operations Section 2. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ORDINANCE 578 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 607.03 (FIRE CODE OPTIONAL CHAPTERS) Section 1: City Code Section 607.03 (Fire Code Optional Chapters) is hereby amended as follows: 607.03 FIRE CODE OPTIONAL CHAPTERS. Subd. 1. The Minnesota State Fire Code, established pursuant to M.S. 299F.011, allows the city to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Fire Code. Subd. 2. The following optional provisions identified in the most current edition of the State Fire Code are hereby adopted and incorporated as part of the fire code for the City of Shorewood: a. Appendix A, Board of Appeals, International Fire Code IFC 2000; and b. Appendix B, Fire-Flow Requirements for Buildings, IFC 2000; and c. Appendix C, Fire Hydrant Locations and Distribution, IFC 2000; and d. Appendix D, Fire Apparatus Access Roads, IFC 2000; and e. National Fire Protection Association (NFPA) Standard No.72, 2000 edition, National Fire Alarm Code. f. National Fire Protection Association (NFPA) Annex B, 2017, Mobile and Temporary Cooking Operations N NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 2. That Ordinance 578 Amending Shorewood City Code, Chapter 607.03, Fire Code Optional Chapters has been hereby approved and adopted. S Section 3. This Ordinance 578 adopting the Amendments to City Code, Chapter 607.03 Fire Code Optional Chapters shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 24 day of May, 2021. JENNIFER LABADIE, MAYOR ATTEST: SANDIE THONE, CITY CLERK RESOLUTION 21-060 CITY OF SHREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE PUBLICATION OF ORDINANCE 578 REGARDING FIRE CODE OPTIONAL CHAPTERS WHEREAS, at a duly called meeting on May 24, 2021, the City Council of the City of Shorewood adopted Ordinance No. 578 entitled “AN ORDINANCE APROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 607.03 (FIRE CODE OPTIONAL CHAPTERS)”; and WHEREAS, The City Council adopted a lengthy ordinance amending City Code Chapter 607.03 to adopt NFPA Annex B Mobile and Temporary Cooking Operations, an optional chapter of the National Fire Code; and WHEREAS, The changes to Chapter 607.03 include incorporating this optional chapter into current city code; and WHEREAS, The purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours and available on the city’s website; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 578 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 578 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. ADOPTED by the Shorewood City Council on this 24th day of May, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 8A MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Pavement MarkingContract Award: City Project 21-04 Meeting Date: Monday, May 24, 2021 Prepared by: Andrew Budde, City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Contract Award and Resolution Background: The City completes an annual pavement striping project on local roadways and parking lots to enhance worn out striping and provide safer roadways for the traveling public. The City’s current strategy is to utilize epoxy paint on higher volume and newly paved roadways and latex paint on lower volume and older roadways and all parking lots. This was done on various streets in 2020, and the epoxy markings have held up well and do not need to be repainted this year. Additionally, there was some overlap in streets with the Mill & Overlay project, and those streets are being striped under that contract. Quotes for the project were solicited from three contractors and opened on May 17, 2021. A total of two quotes were received and the low bidder is submitted by Sir Lines- A-Lotfrom Edina, Minnesota. The bids are summarized below: Bidder: Total Bid Amount: Sir Lines-A-Lot $17,165.60 AAA Striping $19,433.30 Staff has reviewed all the bids and the bids received are accurate and indicate that the bidding process was competitive. Financial or Budget Considerations: The project is to be funded from the Local Roadway Fund which has sufficient funds available for this expenditure. Recommendation/Action Requested: Staff recommends award, in the amount of $17,165.60 to the low bidder, Sir Lines-A-Lot. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-058 A RESOLUTION TO AWARD CONTRACT FOR 2021 PAVEMENT MARKING PROJECT, CITY PROJECT 21-04 WHEREAS, pursuant to the request for quotes for the 2021 Pavement Marking Plan, quotes were received on May 14, 2021, opened and tabulated, with the following quotes received: Contractor Total Quote SIR LINES-A-LOT $17,165.60 AAA STRIPING $19,433.30 WHEREAS, Sir Lines-A-Lot is the lowest responsible bidder; and WHEREAS, Sir Lines-A-Lot is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a Contract with Sir Lines-A-Lot, based on the lowest quote received in the name of the City of Shorewood for the 2021 Pavement Marking Plan according to the plans and specifications on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28 day of May, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Approve Purchase of 5520 Grant Lorenz Road Meeting Date: May 24, 2021 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Reviewed By: Tim Keane, City Attorney; Andrew Budde, City Engineer Attachments: Purchase Agreement and Resolution Background: The owners of 5520 Grant Lorenz Road have contacted the city over the past several years regarding the use/development of their property. As you can see on Exhibit B of the attached purchase agreement, the property is in a low area and the opportunity for developing the property for a house is extremely limited. In fact, the property is listed on the Minnehaha Creek Watershed’s wetland inventory. City staff has looked at this parcel considering the Western Shorewood stormwater study and future storm water needs in this area. In addition to what is known as the “Grant Lorenz channel” cutting through this property, surface water from farther north on Grant Lorenz as well as Wild Rose Lane drain to this area. Staff believes that acquiring this site would help the city increase storm water storage capacity and mitigation as might be required by the Army Corps of Engineers. In addition, staff believes it also provides a grant opportunity for additional storm water treatment before the water enters Lake Minnetonka. Financial or Budget Considerations: The property is valued at $20,000 by Hennepin County. Contingent on City Council approval, staff negotiated a purchase price of $21,500, as well as the cost to prepare the purchase agreement and deed by the city attorney. Options: Approve or not approve of the purchase. Recommended Action: Based on the potential benefit to treat stormwater from a larger area, staff recommends approval of the property purchase by adopting the attached Resolution. Next Steps and Timeline: Staff will notify the owners of the City Council decision and proceed on that basis. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION 21-059 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE PURCHASE OF 5520 GRANT LORENZ ROAD WHEREAS, the property located at 5520 Grant Lorenz (Property) is identified on the Minnehaha Creek Watershed Wetland Inventory map as a wetland which diminishes the possibility for any residential development of the property; and, WHEREAS, the Property’s location allows the city options to provide stormwater treatment for the Grant Lorenz drainage channel as well as future street projects on Noble Road, Wild Rose Lane, and in the general area; and, WHEREAS, the City has negotiated a tentative agreement to purchase the Property, NOW THEREFORE BE IT RESOLVED by the Shorewood City Council: 1. Finds that this purchase is in the best interest of the city to effectively assist with ongoing and future storm water needs of this area. 2. Approves the purchase agreement for the property located at 5520 Grant Lorenz Road. 3. Authorizes Mayor Jennifer Labadie and City Clerk Sandie Thone to sign any documents and undertake those steps necessary to complete the purchase of the property. th Adopted this 24 day of May, 2021. ________________________ Jennifer Labadie, Mayor ATTEST _____________________ Sandie Thone, City Clerk