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05-24-21 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 24, 2021 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. 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; Planning Technician Notermann; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Callies moved, Gorham 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. Councilmember Callies stated that she had a brief question regarding item 2G. She asked if there had been consideration to going back to in person meetings in June and asked why the City would wait until July. City Administrator Lerud stated that Governor Walz had not changed the capacity restrictions with his latest order at the time the declaration was prepared. He stated that with the spacing in the chambers it would not be feasible to hold meetings there until more restrictions are lifted. He noted that he believed all the restrictions will be lifted by July 1, 2021. Councilmember Callies stated that if there are things that require more discussion, she would suggest that the hold off on them until they can once again meet in person. Johnson moved, Gorham seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of May 10, 2021 B. City Council Regular Meeting Minutes of May 10, 2021 C. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 24, 2021 Page 2 of 7 D. Approve 2021 Data Practices Policies and Updates, Adopting RESOLUTION NO. 21-052, "2021 Data Practices Policies." E. New Tobacco License for Cowboy Tobacco/Bakr Alkarkhi, Adopting RESOLUTION NO. 21-053, "A Resolution Approving a License to Sell Tobacco Products in the City of Shorewood to Cowboy Tobacco." F. Accept Resignation of Crisy Schmidt G. Approve Mayor Declaration 21-03, Adopting RESOLUTION NO. 21-064, "A Resolution Approving Mayor Declaration 21-03." H. Accept Quote for Lift Station Components Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR No one appeared before the Council. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Tauer on May 11, 2021 Park Commission Meeting/Tour Parks Commissioner Tauer gave an overview of the recent Park Commission meeting and tour of Freeman and Cathcart parks, as reflected in the minutes. 7. PLANNING A. Report by Commissioner Gault on May 4, 2021 Planning Commission Meeting Planning Commissioner Gault gave an overview of the May 4, 2021 Planning Commission meeting, as reflected in the minutes. B. Approve Variance for 5565 Howards Point Road Planning Technician Notermann gave an overview of the request for a variance at 5565 Howards Point Road to add a three -season porch to the property She explained that a 50-foot setback is required and they are proposing a 43-foot setback. She noted that the existing home was built in 1954 and parts of the home are as close at 28.7 feet to the property line which means the home is considered legally non -conforming. She stated that the City received one letter from a neighbor in favor of the request. Staff and Planning Commission recommended approval. Mayor Labadie noted that this is her neighborhood and the letter that came in support of this variance is from her next -door neighbor. She stated that she goes past the property every day and feels the addition that is proposed would fit in with both the neighborhood and the property. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 24, 2021 Page 3 of 7 Councilmember Gorham stated that this is fairly consistent with how the Planning Commission has ruled on these types of additions in the past. He stated that it is important to note that this is on columns so they will not be increasing the hardcover on the property. Johnson moved, Gorham seconded, to Approve the Request for a Variance at 5565 Howards Point Road, Adopting RESOLUTION NO. 21-055, "A Resolution Approving a Variance to the Front Yard Setback for Property Located at 5565 Howard's Point Road." Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. C. Approve Site Plan Amendment for 19685 Highway 7 Planning Director Darling explained that the Minnetonka School District had recently purchased this property and has proposed to remodel the building and site to accommodate a building for older special needs students to help them acquire job and life skills in order to transition into a more independent life. The majority of the changes are interior to the building except for three exterior alterations: mill and overlay the parking lot; add a drop-off area on the west side of the building; add a surmountable curb. Staff and Planning Commission recommend approval subject to the conditions listed in the staff report. She noted that there is one typographical error in the resolution that needs to be corrected and should read, "prior to the issuance of a building permit for the project...." Callies moved, Siakel seconded, to Adopt RESOLUTION NO. 21-056, "A Resolution Approving a Site Plan Amendment for Property Located at 19685 Highway 711, with the amendment to the typographical error in the resolution as noted. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. D. Approve Conditional Use Permit Amendment, Variance, and Site Plan Amendment for 24246 Smithtown Road Planning Director Darling explained that this request has been made by Reprise Design to rehab the existing car wash. She stated that the proposal includes a CUP amendment to make two of the bays automatic bays rather than manual, a variance to the required stacking and parking, and a site plan amendment. She stated after the Planning Commission meeting the applicant amended their proposal and withdrew their request for a variance to the stacking. The applicant also has plans to have signs at the westerly access drive that no queuing would occur onto Smithtown Road. They are proposing that the hours of operation be 6:00 a.m. to 12:00 p.m. She stated that City Attorney Keane has requested that they included two conditions for long term compliance to the noise regulations; that the dryers may only function with the doors closed; and that the applicant must continue to operate the car wash consistent with the City's noise standards both now and in the future. She stated that variance that is still proposed is regarding providing less parking than required. She explained that this fully automated car wash does not have detailers or people towel drying vehicles and they are proposing to only have one stall for a maintenance person on the north side of the building. She noted that staff and the Planning Commission recommend approval subject to the conditions included in the report. She noted that there is also one typographical error in the resolution that needs to be corrected and should read, "prior to the issuance of a building permit for the project...." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 24, 2021 Page 4 of 7 Councilmember Gorham asked for clarification on the logistics of the stacking. Planning Director Darling gave an overview of the stacking and flow through the property and the circumstances surrounding when the driveway opening on the west would be required to be removed. Councilmember Gorham stated that the City is proposing to take a 'wait and see' approach with the signage before requiring them to close the west access point. He asked how many complaints it would take before the City required them to close the access. Planning Director Darling stated that staff would have to document it based on the initial complaint and then staff would visit the site at various times to see if they can verify that the problem is occurring. Councilmember Gorham asked if closing the access would require a site plan amendment. Planning Director Darling stated that it could be a discretionary amendment since it is a fairly minor change. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 21-057, "A Resolution Approving a Conditional Use Permit Amendment, Variance and Site Plan Amendment for Property Located at 24245 Smithtown Road", with the amendment to the typographical error in the resolution as noted. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. E. Approve Amendment to City Code Chapter 607.03 Regarding Fire Code Requirements for Food Trucks Planning Director Darling explained that the Excelsior Fire District has requested that the member cities adopt regulations for the safe operation of food trucks and other mobile commercial kitchens. She explained that this code would be enforced by the Fire Marshal and noted that this was not reviewed by the Planning Commission because it is in Chapter 607 rather than in the zoning or subdivision regulations, so it did not require for their review. Councilmember Gorham asked if this effectively put food trucks under the jurisdiction of the Fire Department. He asked, for example, if they could board a food truck and conduct an inspection. Planning Director Darling stated that she believes they can do that, but the operators should be getting their permits and work with the Fire Department before they actually set up operation. Councilmember Gorham asked what type of permits they needed to obtain. Planning Director Darling stated that they do not necessarily need a permit but they do have to adhere to the standards and reviewed the standards included. Councilmember Gorham asked if there would be required training for the use of propane tanks. Planning Director Darling stated that would hope that they have training from somewhere but does not think it is required in this amendment. Gorham moved, Johnson seconded, Adopting ORDINANCE 578, " An Ordinance Approving an Amendment to Shorewood City Code Chapter 607.03 (Fire Code Optional Chapters), AND, RESOLUTION NO. 21-060, "A Resolution Approving the Publication of Ordinance 578 Regarding Fire Code Optional Chapters. " Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 24, 2021 Page 5 of 7 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for 2021 Pavement Marking, City Project 21-04 City Engineer Budde noted that the City completes a pavement striping project annually on the local roadways and parking lots. He stated that the City used epoxy paint last year and has found that is holding up better than the latex. This year's project is to restripe the areas that have used the latex paint. He explained that quotes were solicited from three contractors, two were submitted, and were opened on May 17, 2021 with the low bidder being Sir Lines -A -Lot. Staff recommends approval. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-058, "A Resolution to Award Contract for 2021 Pavement Marking Project, City Project 21-04." Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS A. Approve Purchase of Land at 5520 Grant Lorenz Road City Administrator Lerud stated that the owners of 5520 Grant Lorenz Road have contacted the City over the last several years about the use/development ability of their property. He stated that the property is located in a low area and the opportunity for development is extremely limited and is listed on the Minnehaha Creek Watershed wetland inventory. City staff looked at this parcel considering the Western Shorewood Stormwater study and future stormwater needs in the area. Staff believes acquiring this site will help the City increase stormwater storage capacity and mitigation as CIP projects are implemented. He explained that the County value for the property is listed at $20,000 and staff has tentatively negotiated an agreement for $21,500. Councilmember Callies asked what was envisioned for storm water management and noted she does not see where the connection is for cleaning the water before it gets to Lake Minnetonka. City Engineer Budde explained that the Grant Lorenz Channel comes in on the southeast corner of the property and then exits the property on the west side and 2/3 of the parcel is low lying wetland. He reiterated that this parcel shows up on the Minnehaha Creek Watershed District as being a wetland. He stated that there are items that they can do as part of the future Grant Lorenz project. He explained that the eastern 1/3 of the parcel is a bit higher but still not good enough for development, so it could potentially be used as a staging area for the future projects for Grant Lorenz Channel and Noble Road in a few years. He stated that the space also provides the opportunity for constructing a stormwater basin next to the wetlands so water is treated from the roadways before it goes into the wetlands. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-059, "A Resolution Authorizing the Purchase of 5520 Grant Lorenz Road." Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 10. STAFF AND COUNCIL REPORTS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 24, 2021 Page 6 of 7 A. Administrator and Staff Public Works Director Brown noted that the Public Works Department has completed the semi- annual watermain flushing and are now moving onto patching the roadways and tree work. City Engineer Budde stated that the Glen/Amlee/Manitou project is going as scheduled even with the impact from the rain last week. He stated that the upcoming mill and overlay project will have a pre -construction meeting late next week which should give him a better idea of the schedule. He stated that he is hopeful that work will begin within three weeks to a month. Planning Director Darling updated the Council on the permitting software and the application that will be used for building permits soon, and should be ready for accepting permits in approximately three weeks. B. Mayor and City Council Councilmember Siakel thanked staff for their work surrounding Clean -Up day. She noted that it was well attended and well -staffed. She noted that she will not be able to attend the Badger Park Open House, but she drove through and toured it the other day and complimented everyone for their efforts because she felt that it really looks fantastic and is a huge improvement for the entire campus. Councilmember Johnson stated that at the last meeting he mentioned the boat that the Fire District was looking to purchase that was contingent on placement of a dock at a fire lane in Tonka Bay. The vote took place last week and was voted down, so the Fire District will have to start looking at other options before the fire boat can be replaced. Councilmember Callies asked about the liaison positions on the other Commissions and when they change. Councilmember Siakel explained that Councilmember Callies would be off for six months and then would rotate to the Parks Commission beginning in January. City Administrator Lerud reviewed the appointments: July — December: Parks Commission — Councilmember Gorham; Planning Commission — Councilmember Johnson. Councilmember Gorham asked if there would be the opportunity to conduct hybrid meetings over the summer as the Council transitions back into face-to-face meetings, for people who may be on vacation but still want to participate. City Administrator Lerud stated that there will be a hybrid component to the meetings and believes that there was legislation to allow for an expanded opportunity to participate in meetings from a Council perspective. He stated that he will have to research that issue and get an answer to the Council by the next meeting. Mayor Labadie noted that last week was Public Works Appreciation Week and gave a shout out to the Public Works crew because they do a great job. She noted that today, there was a celebration of thirty-five years of serving the communities of Excelsior, Greenwood, Shorewood, and Tonka Bay, for the SLMPD Lieutenant Steve Neuerer who is retiring. 11. ADJOURN Gorham moved, Johnson seconded, Adjourning the City Council Regular Meeting of May 24, 2021, at 7:56 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 24, 2021 Page 7 of 7 Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. ATTEST: 4; ijg(i6niferh-abadie, Mayor Sandie Thone, City Clerk