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08-26-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 26, 2024 MINUTES 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 Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Manager Czech; Finance Director Schmuck, and, City Engineer Budde Absent: None B. Review Agenda Sanschagrin moved, Zerby seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies referenced item 2.E. and pointed out a typographical error on page two of the contract. She asked for a brief explanation from item 2.G. of what was meant by `public projects' and noted that she felt that every project the City did would be considered a public project. Planning Director Darling stated that for building permit reviews, the `public projects' would typically be schools or hospitals and explained that they were looking to be able to have the consultants review the permits for those types of public projects. Councilmember Sanschagrin asked to remove items 2.D. and 2.H for separate discussion. Zerby moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of August 12, 2024 B. City Council Special Session Closed Minutes of August 12, 2024 C. City Council Regular Meeting Minutes of August 12, 2024 D. Ar PFGval Gf the Verifies: Claims List. (moved to item 8.8.) CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 2 of 12 E. Agreement with Chanhassen, 2024 Mill & Overlay, City Project 24-01, Adopting RESOLUTION NO. 24-059, "A Resolution Approving Cost Share and Maintenance Agreement with Chanhassen for Lilac Lane; City Project 24-01." F. Approval Recycling Contract Extension for 2025 G. Approve Amended Service Agreement with MNSpect (moved to item 8.C.) I. Approve Change Order for 2024 Manhole Rehabilitation, City Project 24-02, Adopting RESOLUTION NO.24-071, "A Resolution to Approve Change Order #1 for the 2024 Manhole Rehabilitation Project, City Project 24-02" J. Approve Re -Hire of Community Center Attendant K. Approve Special Event Permit Motion passed. City Administrator Nevinski stated that it appears as though the Zoom connection for tonight's meeting has been going out and coming back in due to the storm. Mayor Labadie stated that the City was under a weather warning so it was possible that they may lose the video and audio feed. 3. MATTERS FROM THE FLOOR Communications Coordinator Wilson explained that someone raised their hand earlier, but the connection had been lost. City Administrator Nevinski noted that he believed the individual who had their hand raised to speak was Barry Brown. Mayor Labadie explained that they would move the meeting along because she wanted to try to get everyone home as quickly as possible due to the storm, but if they were able to regain the connection and that individual would still like to speak, she would allow it to take place later in the meeting. 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING A. Report by Commissioner Huskins on August 20, 2024 Planning Commission Meeting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 3 of 12 Planning Commissioner Huskins gave a brief summary of the discussion and recommendations from the August 20, 2024 Planning Commission meeting. Councilmember Sanschagrin asked if the Planning Commission had looked at cannabis regulations from other cities for things like signage and usage in the parks. Planning Commissioner Huskins stated that the issue related to signage was brought forward by Commissioner Gorham related to what other cities may be doing. City Administrator Nevinski stated that he believed that Excelsior had prohibited the use of cannabis in the parks. He stated that the Council had discussed this during a work session meeting earlier in the year and they had made the decision not to regulate cannabis use in parks, but noted that the Council could revisit this issue. B. Approve CUP for Antenna Collocation Location: 24283 Smithtown Road Applicant: AT&T Mobility Planning Director Darling gave an overview of the updated application from AT&T Mobility to add nine telecommunication antennas, radio receiving units, and various other equipment in a new triangular array on the existing tower. She explained that the Planning Commission had recommended approval subject to the conditions included in the resolution. Councilmember Zerby noted that he would assume that there were FCC regulations related to the amount of output and asked if the applicant had to do this testing and provide certification to the City that it would meet the limits. Planning Director Darling explained that the FCC was the sole regulator of the output on the tower and the City could not make a decision based on those requirements. Councilmember Sanschagrin asked if there was concern about possible interference with the signals. Planning Director Darling stated that early on that was the concern, but noted that the same antenna providers were present on most of the towers. She stated that the providers are used to working with each other and explained that the interference levels are very limited because they use different frequencies. Councilmember Sanschagrin asked if the generator was just for a situation where the power goes out. Planning Director Darling explained that a generator was to provide emergency backup power in case the power supply was interrupted. Councilmember Sanschagrin stated that the staff report had mentioned replacing the pad with a steel platform and asked for more information. Planning Director Darling stated that they will have a concrete pad instead of a steel equipment platform and explained that sometimes the applicants will use the platform when the grades are CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 4 of 12 uneven or require additional grading and, in this case, the ground is pretty level, so they will just use the concrete pad. City Administrator Nevinski stated that there was someone online that had their hand raised, but explained that this was not a public hearing. Zerby moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-072, "A Resolution Approving a Conditional Use Permit for an Antenna Collocation on an Existing Monopole and Related Equipment at 24283 Smithtown Road." Motion passed. C. PUD Concept Plan for a Detached Townhouse Development Location: 24560 Smithtown Road Applicant: Admark, LLC Planning Director Darling reviewed the request by Admark, LLC to develop the property at 24560 Smithtown Road with detached townhomes. She reviewed the direction that the Council had provided to the applicant at their August 12, 2024 meeting and explained that the applicant had submitted a revised drawing based on the feedback from the Council and explained that staff was generally supportive of the revised plans. She reminded the Council that the Planning Commission had recommended approval of this with a three to two vote and explained that the two that voted against it were in favor of the development, but did not support the additional conditions that had been added. She noted that the applicant was attending, via Zoom, and was hopeful that he was still able to be connected if the Council had any questions for him. Mayor Labadie explained that the public hearing had already been held for this matter so the Council would not be taking public comments on this item. Councilmember Zerby asked for more detail regarding the trail at the north end of the project. Planning Director Darling stated that the trail was shown conceptually at this point so they do not know exactly where the landing spot would be within Gideon Glen Park. She stated that she went out to the park and had taken a photo of the approximate location and noted that staff recommends that this be a mown trail similar to the other trails in the park because it is a natural area. Councilmember Zerby asked if the applicant's intent was for the trail to be public. Planning Director Darling explained that once it left their property it would be a public trail because it would be on City property. She stated that the drive for this property would be private and the overall intent was for this to be an access way for the residents of the development. Councilmember Sanschagrin asked if the PUD/resolution had been modified. Planning Director Darling confirmed that she had made the appropriate modifications. Councilmember Callies asked about number one within the resolution which lists that plans and materials submitted May 21, June 3, July 3, and August 19, 2024. She stated that she thought that the Council would just be approving it according to the most recent plans and questioned CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26,2024 Page 5of12 inclusion of all the other p|8DS, because the Council would not n88Uy be agreeing with those original p|8D3. Planning Director Darling stated that the Council vvOu!d be agreeing with some of them because there are items that came in on each one of those dates that are part of the full application and shared examples. COUnoi|nn8nnbe/ C8Ui8S stated that she felt that this should be clarified because She felt it would be confusing. Planning Oin8C1Or Darling suggested that the Council add 8 condition under number two that requires that they change all of their plans to be oODSiSt8nt with the Concept P|8D submitted on August 1O'2024. COunCi|[nernbe[C8Ui8S stated that she would support that addition. She stated that the legend did not identify parking and asked for a clarification of the location of the guest parking spaces. Planning Director Darling reviewed the location of the guest parking Sp80SS within the plan. Councilmember Zerby asked if the setback of ten feet was still considered the side yard. Planning 0n8CtO[ O8diDg explained that would be the west property line. COunCi|nnernberZerbyasked about the setback for the east property line. Planning Director Darling stated that the setback on the east would be Dwa feet for the driveway which is consistent with driveways for most residential properties. {}ounoi|m8mb8r Z8rby stated that there /s parking for the apartments that goes right to the property line and asked how that would beresolved. Planning Director Darling explained that typically, before they vvOu|d have the plat be reoorded, they would put inconditions that they have t0remove the encroachments. Counci|nn8rnb8rZerby noted that the setback would not allow for any landscaping on the west side. Planning Director Darling stated that screening was not required from townhouses tOsingle-family homes. Councilmember Sanschagrin noted that it appears as though the applicant had done everything that the City had asked them to do which he appreciated and explained that he was in favor of approval. COunci|rnernberC}8||iesstated that she was also infavor ofapproval. Mayor Labadie noted that she liked that the applicant was proposing to connect the sidewalk to the American Legion sidewalk. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 6 of 12 Councilmember Zerby stated that he would agree that the developer has done what the City had requested, but it was a little bit like broccoli to him because he did not like broccoli, but knows that it is good for him. He stated that he thinks the City has made some short cuts here because the land has still not been rezoned and even with the underlying zoning does not meet any of those requirements, for example, lot size. He stated that he has an issue with putting six homes next to one because it may be intimidating and did not think it was the best fit. He explained that he understood the need for the City to comply with the Comprehensive Plan and felt what was being proposed was probably the least they could do and still meet that requirement, which he appreciated, but that did not mean he was happy about it. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 24-064, "A Resolution Approving a PUD Concept Plan for the Property Located at 24560 Smithtown Road", with the addition of a condition that requires that they change all of their plans to be consistent with the Concept Plan submitted on August 19, 2024, as suggested by Planning Director Darling. Motion passed 4-1 (Zerby opposed) D. Approve Amendments to Zoning Regulations Regarding Cannabis Businesses Location: City-wide Applicant: City of Shorewood Planning Director Darling reviewed the proposed amendments to zoning regulations related to cannabis businesses based on recent State legislation. She outlined some of the guidance from the State and what restrictions the City can and cannot put in place for cannabis businesses. She reviewed the concerns and recommendations from the Planning Commission and explained that, based on the Planning Commission direction, staff reduced the distance requirement from schools to seven hundred feet in order to open up the Shopping Center and Cub grocery store properties to be able to accommodate a cannabis business along with the three properties at the intersection of Vine Hill Road and Highway 7. She noted that she and the City Attorney had taken a closer to look to see whether they could include some type of content restriction related to things like a cannabis graphic on the signage, but after speaking with other communities such as Maple Grove and Bloomington, they were recommending that the City not put any content limitations in the code. Councilmember Sanschagrin noted that there were two copies of Ordinance 607 included in the packet and asked if that had been a mistake or if there were different versions. Planning Director Darling stated that there must have been one attached to the Planning Commission report, so it appears in the packet twice. She clarified that what she was proposing was the Ordinance that had the seven hundred foot distance requirement. Councilmember Maddy asked about the calculation for distances from parks. Planning Director Darling explained that the distance calculation is five hundred feet from a park, residential treatment facility, or a daycare and seven hundred feet from a school. Councilmember Zerby asked what other cities were charging for a license. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 7 of 12 Planning Director Darling clarified that the City was not allowed to license cannabis businesses because that would be handled through the State. She noted that the City could elect to register them or could defer that registration to the County. She stated that for license fees, the City can only collect what it costs to process the application. Councilmember Zerby noted that he agreed with the recommendation from staff to not include content restrictions for signage. Councilmember Maddy agreed and noted that the City had spent a lot of time discussion signage. Mayor Labadie stated that she has a hard time with reducing the distance from a school, but understood the Planning Commission's reasoning. She explained that she felt it was probably the correct decision, but admitted that thinking about it it almost gives her heartburn. She stated that she does not want a cannabis business in Shorewood at all, but the City has no choice, thanks to the State legislature and felt what was being proposed was the best that they can get it for Shorewood. Councilmember Sanschagrin stated that in the past the Council had discussed the potential of restricting the use of cannabis in the parks but believes their conclusion was that the `no smoking' regulations would already cover that. Councilmember Callies clarified that the City did not have a restriction on smoking in the parks. Councilmember Zerby noted that he felt the problem would be enforcement and he did not believe that restricting cannabis being smoked in the parks would be enforceable. Callies moved, Zerby seconded, Adopting ORDINANCE 607, "An Ordinance of the City of Shorewood to Amend the C-1 (General Commercial) District and Related Amendments to Regulate Cannabis Businesses." Motion passed. Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 24-073, "A Resolution Approving the Publication of Ordinance 607 Regarding Zoning Regulations Amendments Related to Cannabis Regulations." Motion passed. 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Lake Minnetonka Communication Commission Appointment City Clerk/HR Director Thone stated that at the Council Work Session prior to this meeting, they had interviewed a candidate to fill an appointment to the LMCC. She noted that the terms of this appointment had been increased from one year to three years in order to align with the City's other boards and commissions. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 8 of 12 Sanschagrin moved, Maddy seconded, Adopting RESOLUTION NO.24-074, "A Resolution Making an Appointment to the Lake Minnetonka Communications Commission (LMCC)." Motion passed. Councilmember Callies stated that the term of the appointment did not begin until February and asked if, for example, there was a LMCC meeting in January, if they could still have Mr. Magistad attend the meeting, since the position has been vacant since March. Councilmember Sanschagrin stated that the term was being back dated at would be as of February 2024, not 2025. Eric Magistad was appointed to the term of March 1, 2024 to February 28, 2027. B. Approval of the Verified Claims List (formerly Consent Agenda item 2. D) Councilmember Sanschagrin asked for an explanation from City Engineer Budde on some of the larger items within the claims list for various projects and what the impact of those would be on the City's budget. City Engineer Budde reviewed some of the invoices and activities that were included in the claims lists and noted that all of the invoices are from June 8 through July 19, 2024 which is why this is a bit more than what would typically be seen on a month by month basis because it is a six weeks timespan. Councilmember Sanschagrin reiterated his question about how these things would affect the budget for the large projects. City Engineer Budde stated that the last time he had checked they were still trending to be under budget for both of the large projects. Councilmember Sanschagrin asked when they could expect these projects to wrap up. City Engineer Budde stated that if they get good turf restoration on Strawberry and Birch Bluff that they could accept the improvements in November. Councilmember Callies asked if Councilmember Sanschagrin had reached out to City Engineer Budde ahead of time regarding these questions. Councilmember Sanschagrin confirmed that he had given City Engineer Budde a heads up that he would be asking about this information. Councilmember Callies noted that she felt there was a misconception about `consulting fees', and explained that these things are what the engineer was being paid for, for example, plans and specifications, being on the job, talking with the contractors and residents, and going out for bids. She stated that the actual work is much more specific that what `consulting fees' sounds like and thinks it is important to break down this actual work. Planning Director Darling noted that there were also four development inspections and application reviews that are directly reimbursable by the applicants such as Lake Park Villas, Maple Shores Development, Ray Helgesen Addition, and Long Lake Grove Villas. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 9 of 12 Councilmember Callies suggested that it may be appropriate to have an explanation because she also felt that there was a misconception about bidding of projects as well. She stated that the professional fees, like the consultant, was not something that was bid, but explained that the construction does have to be bid and noted that there was no question that the City has been properly following the bidding requirements for construction projects. She stated that just like the City does not bid for City Administrator Nevinski's job, they also do not bid out for the professional services that the City receives, such as the City Attorney. She reiterated that she thinks people need to have more of an understanding about how the City uses people and what engineering actually involves because she believed that there were misconceptions about this. Councilmember Sanschagrin agreed that it would be helpful to provide more context and explanations for the public. Sanschagrin moved, Callies seconded, to Approve the Verified Claims List, as presented. Motion passed. C. Approval of Electronic Record Filing (formerly Consent Agenda item 2.1-1.), Councilmember Sanschagrin stated he had a few questions about the City's records retention policy. He stated that he supported electronic record filing but asked if this would provide more access to information for residents. He stated that he felt that if this would allow more access to the residents it would reduce the City's costs as well as the burden on staff time. City Clerk/HR Director Thone stated that yes she agreed this is a good time to look at that and that they always strive for the opportunity to do better in providing the public access to information. She explained that as the City transitions to having permanent copies as electronic files they will be able to eliminate paper copies. They will continue the process of scanning older records into electronic files and storing them into Laserfiche. They will be accessible to the public for the most part. She stated that their objective is to keep the most useful and relevant information on the website but noted that it would not be practical to take all records they are required to retain and put them on the website as it would become insurmountable. She stated that they need to be mindful of which records are available to the public on the website. Councilmember Sanschagrin stated that right now with Laserfiche you cannot do a search and identify words within documents. City Clerk/HR Director Thone stated that you can do a search but you have to be very specific in order to narrow down the choices that a search will bring back. Councilmember Sanschagrin asked about confidential or private information. City Clerk/HR Director Thone explained that confidential and private data is regulated by the MN Data Practices Act and noted that the MN Retention Schedule is different in that it regulates what records a city must retain and for what period of time. . Councilmember Sanschagrin asked if most of this was just scanning paper documents and making them electronic or if there was some other process for example, signing electronically. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 10 of 12 City Clerk/HR Director Thone stated that City does not currently have an electronic signing capability for the city's official documents. She explained the long term goal is to replace paper documents with electronic versions. Councilmember Callies stated that she understands that not everything will be available on the City website but asked where the other things were actually kept. City Clerk/HR Director Thone explained that the city stores the electronic documents in Laserfiche. Sanschagrin moved, Callies seconded, Adopting RESOLUTION NO.24-070, "A Resolution Adopting the Minnesota General Records Retention Schedule for the City of Shorewood." Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff 1. Communications Update Communications Coordinator Wilson highlighted the top web page visits which was data that they have been tracking since the new website went live. He gave a brief explanation of the user path information that shows where users go when they visit the City's website. He noted that the user paths portion was mislabeled and was only data from the last month. He noted that the e-mail open and click rates are still above the industry average and reviewed the followers and the reach via the City's various social media avenues. 2. Elections Update City Clerk/HR Director Thone noted that she wanted to thank to everyone who worked hard for the primary election. She stated that there were seven hundred sixty-eight voters which was a pretty light turnout, but was somewhat expected for a primary. She stated that in addition to thanking the election judges she also wanted to thank the Public Works employees who handled set up and tear down as well as the City's election staff who work year-round to ensure a successful election process. She stated that there will be four candidates that will be on the ballot for City Council and two candidates for Mayor. She reminded residents that the General Election date would be November 5, 2024, with early voting beginning on September 20, 2024, at City Hall. Other Park and Recreation Manager Czech stated that Movie in the Park was held last Friday and had about sixty people in attendance. Councilmember Zerby noted that he wanted to plant a seed that it may be nice for the City to have some different bands for Music in the Park because they have had the same band for many years. He noted that he had heard this comment from several residents that even though they like that band, it may be time for a change. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 11 of 12 Park and Recreation Manager Czech noted that on the upcoming Park Commission agenda there is a sponsorship guide that he is going to try to get going. He explained that with better entertainment comes funding that needs to happen and stated that he was hopeful that this may allow the City to ramp up their events and activities. Public Works Director Morreim stated that Public Works has been busy patching potholes and cutting grass. He stated that they had been trimming trees and would then work on removing those materials and asked for patience as that work was completed. Mayor Labadie stated that she wanted to give a shout out to Public Works Director Morreim. She noted that the City had several residents complain about visibility at intersections with Highway 7 and after she had informed him of this, he immediately called the correct people at MnDOT and got them out there. She encouraged residents to let City staff know if there are other intersections that are lacking visibility so they can be addressed by the proper party. City Engineer Budde stated both of the contractors for Strawberry Lane and Birch Bluff have indicated that they will be out this week and next week doing the final turf restoration work. He noted that the plan is to continue watering the areas at least three days a week, depending on the weather with the hope that by the end of September, it should look like decent grass has taken hold. Councilmember Zerby noted that he had asked at the last meeting whether Bolton and Menk Engineering had any response to the additional costs due to the choice of soil. City Engineer Budde stated that he had looked into that and found that the soil uses did meet the City's standard, which has been the standard since 2018. He stated that what he had noticed for both Strawberry and Birch Bluff is that the City's standard from 2018 was the last time it had been approved. He stated that it does call out to use the high maintenance turf for residential stuff, which they did not call out on Strawberry Lane or Birch Bluff which is the only `error' that he can see. He noted that he had spoken with management and explained that they were willing to stop billing for this project if it would help keep the City satisfied. Councilmember Zerby stated that he appreciated that and felt it was a step in the right direction. He stated that he has been noticing the County Road 19 project in Excelsior where they laid down black dirt to do their restoration. He stated that to him it seems like common sense that better soils would be used in residential areas and noted that the City's road planning document may be out of date. He stated that he would like to see the City go back and correct the 2018 specification and reiterated that this seemed like common sense to him. City Engineer Budde stated that they do have a draft that updates the standards in the works and should be coming to the Council sometime in 2024. Finance Director Schmuck stated that staff was working on pulling together the Preliminary Levy to bring forward to Council and will also be working on an Enterprise and utility rate study. City Clerk/HR Director Thone stated that the City had wrapped up interviews for the Planner position and have extended an offer. She stated that they were hopeful that they would be bringing back the item for Council approval at their September 9, 2024 meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 26, 2024 Page 12 of 12 City Administrator Nevinski stated that for Highway 7 they are working on pulling together the corridor cities and a few other stakeholders for some discussions in September. He explained that the goal is to come back to the Council with some sort of resolution declaring an interest in working on forming a coalition. B. Mayor and City Council 10. ADJOURN Maddy moved, Zerby seconded, Adjourning the City Council Regular Meeting of August 26, 2024, at 8:32 P.M.