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Shorewood City Council 5_27_2020

Shorewood City CouncilWednesday, May 27, 2020
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within minnesota tournaments which will gather a lot more people they'll be less of them and so a safer way to play would be just two teams meeting to play each other without a large tournament so this year unlike any other year i know our team and I'm sure other softball teams would like to schedule games on the fields this summer once the governor gives that okay and so I just want to I guess raise the issue that way as you build the policies to emphasize the need that's greater this year to be able to use those local City fields that we're gonna have to travel to play games thank you Greg do you wanna give an update on where we are with that policy yeah and I was gonna come in under Tim Tim the third item under number 10 by certainly can do it now also we've been working on policies for opening bowl City Hall and the Shore community center and open spaces or filled space rentals to the city the a lot of the guidance came out so close to this meeting that we weren't able to formulate a policy and have it here for your consideration because it was approved it was an original emergency declaration by you and council affirming the declaration it means to be unwound or in that same manner so it is on the June 8th gender will be on the June 8th agenda we're pretty certain we'll have everything we buy them able to get the council consideration okay yeah I can't speak for the council but I believe council you know was looking forward to following the state guidelines cities have the option of being more restrictive than other governments but not less restrictive it's been my experience that our council is typically just gone with the state guidelines so I don't think we're going to deviate too much from that but other council members can speak to it as well I would agree with that all right well Jeremy thank you for bringing that to our attention and we will work as quickly as we can to put that policy into place thank you I appreciate it is there anybody else who wishes to speak for matters from the floor if so use the raise hand feature in in zoom you can find it at the bottom of the participants window I don't see any hands going up if someone finds that later we can certainly circle back but at this time we'll move on number four is a public hearing we have none scheduled tonight number five is reports and presentations and we have a report from Dorothy Patterson from the Riley Creek Bluff Creek watershed board welcome Dorothy thank you very much for having me mayor Zerby and council members I'm honored to be able to come to you after having been your representative on the board at Riley perd so I'm going to give you a kind of little brief summary of what's happened in 2019 at the watershed and then a few things that are really kind of happening in the city of Shorewood having to do with the watershed district first the good news is all of the lakes within the watershed district actually passed water clarity last year however Silver Lake which is the only lake that jorwat has within the district did not pass for algae and for phosphorus most of all of the other lakes are both the same as Silver Lake is we also have a purgatory Creek that runs from Silver Lake and that was also high in phosphorus and we continue to try to educate people through a variety of different methods to be able to work on the phosphorus amounts and I'll give you some examples of what we're planning on doing for Silverlake in a bit during the 2019 season we actually monitored 13 lakes and one wetland to see how all of them were doing you probably have heard the Lotus Lake was infested with zebra mussels last year and we have one other Lake Lake Riley that has zebras in response to that I actually contacted the DNR and a resident friend of mine who's a water steward on the street we got some signs we actually put a couple of signs up around Silver Lake trying to get people aware of bringing canoes and kayaks tend to be clean and also on our road because people do have a tendency to try to come in on our road and then try to get on to Silver Lake so we tried to do the best that we could with the AIS that we actually have in Silver Lake many of the other lakes have much bigger problems than silver does you've probably heard about the number of carp they've had to kill a couple of the locations and the AIS that continues to be brutal Nyad and a few of the other weedy started and vases that we treat with herbicide but Silver's been very lucky up to this point I also like to talk a little bit about the education that the watershed district has done we've had a lot of seminars on chloride trying to get people who are applicators for larger sites commercial sites to rethink how they're using the amount of salt during the winter because one kind of little bit of salt and do any of our lakes or our streams has a very long lasting impact we've also done some turf training trying to get people to think about not having as much turf Lester more natives we're plant materials actually does clean water a whole lot better before it hits our lakes and our creeks we also have continued to try to train on shoreline buffers and shoreline plantings you may have heard that we were going to have a shore would Silver Lake rain fair in the middle of May but of course does Cove would that sort of got put on the wayside and what's happened instead is the watershed district has bought a lot of trees and we are now encouraging people who live in the Silver Lake sub-watershed to sign up and get a free tree and put a free tree on their property the sign ups just happened the opening of them just happened last week I posted it on summer Lake Association Facebook account I'm also on the Silver Lake Association and so far we've had a pretty good response people know beginning postcards and more information about the free sign up for the free trees which they're currently growing at the Riley office as part of trying to get people to take a free tree we obviously are trying to encourage them to think more about the buffers that are around the heavily eroded slopes about on our side in the Shorewood site but also on the Chanhassen side so that's I think a very good movement forward another area that we've tried to work with Shorewood on is in ground water conservation we for the very first time ever for the watershed district to start working on what we can do to improve our ground water and keep it clean for a long time to come right now what we're trying to do is to promote awareness and educate people a little bit more about exactly how brown water is clean we've also joined up with you the city of Bloomington Chanhassen Eden Prairie to try to help fund smart water technologies we are funding a portion of people getting new showerheads new sprinklers maybe new irrigation controllers and we will also be piloting a smart water meter replacement program and we will come back to you probably next year with exactly how that's gone and whether or not we continue to see some improvement in the use of water especially irrigating lawns the chloride initiative that we've set up this year is also new we from funding we have done a lot of education and trying to teach people about how to better apply salt I believe that we're really the only watershed district in the Twin Cities we're kind of the beginning start of this whole idea and working with 9 Mile Creek in order to get people to think a little bit more about how they use flora we also are in a research project with the University of Minnesota on storm water prawns I'm sure you're aware that your storm water ponds everywhere in the Twin Cities are very heavily polluted mostly with very high phosphorous levels and so we've entered into a research project with the University of Minnesota several other cities and Shorewood to see if we can figure out how to better treat stormwater ponds in a more efficient manner we will have some sort of results we think back towards the middle to late summer of this year and we're hoping that we'll be able to bring for you would be much more affordable for all of our cities I don't know if y'all are aware but last year when it came to visit you we talked the lumen about the site that we have that we are working on on silver lake itself on the far south end just into this city of Chanhassen and we have a very highly eroded slope there everything from Pleasant View Avenue drains right down into Silver Lake and has created this highly erodible big belly that goes for several yards there before it hits the lake working on an agreement with the city of Chanhassen when they redo wasn't you will be adding in a filtration system there that will help with sediment control and also with phosphate fate control - we're figuring that we're going to be able to save maybe six pounds of phosphate just entering Silver Lake alone that's that project the project is currently scheduled to be installed in 2021 so that's coming up for the city of Shorewood and the only thing that we've done the very very first time is we've actually gone and started looking at all the wetlands within the watershed district and try to evaluate them in terms of their health so an exceptional wetland would be something kind of untouched and a low-quality wetland obviously something that's probably been very heavily polluted we finished up the southwest portion of watershed district last year and I believe this year we're working on the purgatory Creek side so we might have some more information for you next year about exactly how the statuses of the wetlands are under furniture Creek area which would include Shore what I again would like to thank you all very much for your support of me three years ago when I came up for appointment to this position I couldn't have gotten on the board without you during that three-year period of time I've been elected to vice-president of the board for the last couple of years I also head up the Personnel Committee and for one of the first times we really sort of looked at benefits salary surveys made sure that our staffing levels are where they really kind of should be we've really made a very big push to try to look at partners to make bigger projects you see that a lot at mini Creek Watershed district where they're able to get into a project at the very beginning of the development and they gain partners with developers with other funding sources and they can make a much bigger impact so that's one of the pushes that we're attempting to make and last year as a matter we had a number of very large projects that went in most of which went in with a large number of partners either cities the DNR Hennepin County wherever we could find money join up with money that we have I'm sure that you as a city feel exactly the same way that we do it has more of an impact if we can get much more done all at one time the other thing I'd really like to try to do if you will find a way of perhaps wanting to help me get back on the board again for the next three years is I'm trying to push the fact that water is just not one very small thing that we need to control that we're actually part of an ecosystem so consequently things like soil health the number of trees that you have the natives that you put in all of those things actually help influence the quality of the water that you end up getting so if I'm given the opportunity to stay on the board for another three years I would like to try to push an ecosystem view for the watershed because I think we're going to end up getting more holding capacity much better soil health and basically everything really good for an entire system rather than just for one water source I think that pretty much sums up everything that I brought for you and I would like to say I also have volunteered to adopt a doc I'm one of those people who goes out every two weeks looks to see if I have any AIS on my dock I have a few neighbors I've convinced to do that with me for silver and I'd also adopted a drain because I'm trying to keep everything possible out of the lake I live on which is Silver Lake so a two years ago we labeled 37 of the bigger drains around Silver Lake silver like Association bid and we'd like to continue doing the rest of the sub watershed but COBIT has kind of put a little halt to that a bit we're hoping to get back and label all of them the example on my adopted reign is I've got the one on Covington and Old Market Road and I took 76 pounds of sediment and pollutants out of that just on April 15th all by myself so that's a pretty big impact that one person can have so even if I if I can't get my next-door neighbors to adopt a drain I'm hoping I might be able to convince one of you or one of the other residents in the city to do that so that pretty much sums it up for me do any of you have any questions as I'm able to answer any questions from the council or staff I'll start by saying I'm always impressed with what your watershed is doing with this with the size staff you have and the budget you have and the spirit that you have Dorothy is amazing I'm very pleased with what you're doing there and I would personally certainly like to see you you know continue in that role I think this idea of taking a holistic approach to the system is right on you get you guys are right there and trying to get the volunteerism as well to kind of help with some of the issues that are ongoing because it is as you know a very big intertwine system is is phenomenal so thank you very much for your service and this report look T thank you and thank you for the opportunity I mean I just love it it's kind of my thing what it's what makes me happy and motivates me and I'm hoping to be able to continue to do it as long as I can it's just kind of what I live for Dorothy I'd also like to say thank you and not everyone knows the steps that need to be taken to adopt a drain if you could share a link to a website or some information with the city perhaps we could post that on our city website that would be just terrific I'll get a hold of Julie that's that's my kind of my my go to person there great it also all information there and see maybe she can get something in the bulletin and also on a website that'd be great I think a lot of people would appreciate knowing how to start that process thank you it's not a large hard thing to do it's just one of those deals if you go and do it it makes a big difference I'd also encourage you to use our the Lake Minnetonka Communications Commission we have kind of our own TV studio as you might know then they are always looking for content to you know video tape and put it into some type of a format and I think the adopted rain program really interesting piece of video as well and we can certainly share that link if they decide to move forward with that okay that would be great thank you so much yep any other questions for Dorothy thank you again all very minute all right Thank You Dorothy all right we will move on to number six which is parks letter a is to accept the bids and award contract for badger park tennis courts city project 20-0 one and we have a memo from our city engineer mr. buddy who will be unmuted at some in the near future Regan oh thank you yes all right Thank You Marion Council on the April 25th council meetings staff had presented the final plans and specs for the Badger Park tennis court project and authorized advertising for that we open bids on May 19th and had a total of six bids that were received so very competitive the low bidder was submitted by the to miss Road witness of Shakopee and their bid was for one hundred and seventy nine thousand nine hundred and forty seven dollars and ninety-five cents excuse me a ninety five cents we have worked with them occasions on other projects so there definitely a decent contractor and we're familiar with them their bid was eleven percent below the engineer's estimate construction work if awarded is anticipated to start in September first with in which they would complete the paving and basically redo the tennis courts the only thing that would not be completed is the fencing and the curst and the courts surfacing we were gonna save that until next year so with that the project is funded through fun 402 for the park dedication and when you income for potential soft costs for engineering construction admin and legal the overall total estimated project cost is $225,000 in the city had budgeted three hundred thousand dollars for this project so nicely under budget on this one so with that staff recommends awarding the contract to bituminous roadways in the amount of one hundred and seventy nine thousand nine hundred forty seven dollars and ninety five cents right counsel any questions mm-hmm I like this trend yeah I'll make a motion to go ahead and approve the the bid for the tennis courts at banjo part park through bituminous I can't remember their name in Shakopee thank you miss roadways thank you bituminous roadways all second I have a motion by cycle on a second second pit johnson hearing no other comments off I'll call the vote by roll call Labadie hi Johnson hi cycle I deserving I sorry went out I didn't go alphabetical there but we got it just prove that we're all paying attention that's right all right seven is planning next up letter a is a report from our Commissioner Gorman on the May 5th 2020 Park Commission hello Daniel welcome good evening Thank You mr. mayor City Council I just want you to notice andrew spoke like a true engineer he refused to the key of the contractor too much credit he called them a decent contractor you don't want to show any weakness pretend like they're too good or too nice I'm here to prepare to present the May 5th 2020 planning commission meeting we had a short agenda only two items but we had some lively discussion as usual the first item was for a special home occupation permit for Thomas Ramey 5825 Country Club Road run right around the corner from City Hall mr. Rainey has a woodworking business he runs out of his garage you may remember his application from last year his application was approved by the council for a one-year term since uh excuse me since last year the city has received no complaints regarding noise or dust or excessive traffic on the property in fact mr. Rainey delivers most of his products from the post office so he just really doesn't have people coming to his house and so and given his good standing with the neighbor with the neighbors and the lack of complaints to City Hall the Planning Commission recommended approval permit with three following conditions that it expires three years from the date of your approval that no exterior storage of materials or equipment are allowed and then no signage is allowed there are no questions I'll move on to the next one okay the the second item on the agenda was a variance to a front setback for 5815 Howard's Point Road the applicant plans to remodel the existing home and propose to add a new garage on the property and convert the old garage into a living area and so the reason it's before you today is that there's a zoning regulation that states a non-conforming single-family home may be expanded provided the expansion to does not increase and not control and complies with the setback requirements so the existing home is 28 and 3/4 feet from the front property the existing garage is actually further setback from the front of the house by just a couple of feet it's 31 and 3/4 feet back so it's about 3 feet to be feedback from the front of the of the house but it's not 35 feet required under I think it's C an R 1 C / s so it's it's it's it's increasing that not conformity but not and not complying with the setbacks but the the Commission found that a variance was was appropriate for a few reasons number one is the reason that is the reason that it's not setback to comply to comply with the zoning code it said the the owner and the designer wanted to align the new garage with the roof structure now to to move it back to the 35 feet zoning setback would have required that the roof line would have been offset by about 3 feet it would have required more impervious payment with by extending the driveway and then the back of the garage would have joined it out into the pitch of the best part so what an awkward sight and part of the discussion well while the Commission felt like this was an appropriate use of a variance is that Sherwood has a lot of older homes this home was built in 1957 it's already non-conforming not conforming home and and because it's already non-conforming this there would be there are a lot of these older homes that are already non-conforming and if you're gonna have a lot of these properties Shorty's gonna be littered with awkwardly built homes to try to adjust themselves around these setback requirements so they felt like it was appropriate I would say was until the the recommendation isn't unanimous the dissenting opinion felt like the reason for the variance was more for aesthetic purposes and that it was who's more self-created because of the aesthetic desire for the for the designer and for the homeowner and that wasn't that wasn't the minimum to alleviate the difficulty so but in the end the the Planning Commission is recommending approving the variance the felony was a good candidate for a variance and it was approved for a walk all right well I'd be happy to take any questions you have about it I think that covered most of my bullet points here all right thank you any questions for our future sure I see the homeowner nodding so I think that it okay and we'll get there we'll get to them and we'll have you as well all right thank you so much we move on to seven B which is the renewal of special home occupation permit the applicant is Thomas Ramy the address is 5825 Country Club Road and we have a memo from our planning director mrs. darling Thank You mayor members of and members of council the item is a request for the renewal of a special home occupation permit to allow the applicant to conduct a woodworking business a woodworking business in his attached garage the zoning ordinance requires a special home occupation permit for any home occupation that's conducted in an accessory building deaf had received no complaints regarding the property since the original home occupation permit was approved last year and both staff and the Planning Commission recommended approval of the renewal subject to the conditions in the resolution which includes renewal of the permit after three years no exterior storage and no sign interest would be permitted every thought I would Stan alright thank you any questions for our planning director all right would the applicant like to address the console or just wait for questions think I see tom is on the on here muted I've nothing more to say everything is okay great questions or emotions I have a question for the homeowner with the Hulk ovid situation some businesses have really flourished including home improvement type businesses you've been operating out of your garage now for a year do you anticipate your business dramatically increasing in the next year or is it about you know going to stay about the same level you're at I don't think there's any dramatic increase on the horizon if that was the case I would probably not be using my home as a place of business okay I have no further questions this isn't a question but it's a comment and you guys have heard me say this before and Tom this is not directed at you whatsoever but the idea that we require that no signage is allowed but then oftentimes home businesses will have a vehicle that is signed for their thing to me there's a little bit of a disconnect there and I don't know how we ever handle that may be buried there is no way to handle it but I need to mention it again but with that Omega emotion making motion to renew the special home occupation permit and 5825 Country Club Road a second I heard Jennifer first we have a motion by Johnson and the second by labadie I just have one question Tom what do you make so we specialize and like beam work we make custom wine racks so fireplace mantles wine racks long shelves we did the the start and finish arch over at Klondike I was kind of a dr. B that we did in February which seems about three years ago but yeah so it's been a very nice all right if there's no more comments or questions I'll call the vote johnson i Labadie i michael i there be I also that occupation permit is renewed thank you very much Thomas thank you all right next is 7c which is a very instead front setback for garage addition the applicant is Janelle Hall and Curtis Luger ring sorry not getting that right 5815 Howard's Point Road and when I have another memo from our finding dresser miss darling Thank You mayor council this application is a request from property owners for a variance to the required front step back to allow our garage addition to be constructed 31 and 3/4 from the front line we're 35 feet is required but the location map shown on the screen gives you a better idea where the property is located and you can see now on the aerial photo how it's located here's the site plan showing the existing garage being converted into living area and a new garage added to the south of the existing home staff and the Planning Commission ever reviewed the request according to the variance criteria and find that the applicant has met the criteria although as commissioner Gorham had indicated it was a split decision the Planning Commission ultimately found that the applicant had presented practical difficulties and the variance was the minimum request to alleviate those difficulties they also found it was consistent with a comprehensive plan and the intent of the zoning ordinance and would not impact the public welfare or other improvements in the area subject to the condition that the applicant acquire all necessary permits prior to constructing the garage staff and the Planning Commission recommend approval of the request all right thank you and I see the applicants are here would you like to address the council or just wait for questions well wait for questions I guess for questions okay mr. Gorham did a very good job explaining so I appreciate that all right council any questions for staff or the applicants I was also at the Planning Commission meeting and although there was one dissenting opinion I do feel that this is an appropriate situation for a variance and this is a property that literally I go past numerous times in one day since I'm just up the road from them and I do feel that the variance is going to be an improvement to the neighborhood and to this particular parcel I agree with councilmember Labadie I think it's reasonable and I also think it will do I think adding is a nice improvement okay I agree and and I would also like to say it's part of the reason we have the Planning Commission is to have a strict interpretation or at least a good discussion on it so I appreciate the detailed look well with that I would like to make a motion to approve the front setback variance request for the property located at 58 15 Howard's Point Road a second stop we have a motion by levity a second by cycle I'll do a roll call vote Johnson I labadie I Michael I deserve a votes I also thank you for attending and your application has variances approved okay thank you very much thank you so much take care all right we'll move on to number eight which is engineering and public works letter ADA's noticed for public hearing for the Mary lake outlet City project 1909 and we have a memo from our city engineer mr. buddy Thank You Marion Council this the item tonight is is really just notice to have bub appearing at the June 22nd meeting we the council had authorized the preparation of feasibility study for Mary Lake a while back and we are getting very close to having that wrapped up as part of the permitting process we are required to have a public hearing as required by the DNR in order for them to permit the project so this this is going to fulfill that commitment just as a heads up we are planning to present information to the city of excelsior one of their upcoming council meetings before the public hearing so that we get them information and get them informed and then at the at the June 22nd we would also present the feasibility study prior to the public hearing so that we share all the information with that so I met I don't plan on getting into many details tonight unless there's some questions on stuff but I'll share most of that or the presentation of the feasibility study all right thank you any questions and I think it's good to keep the project moving is there any idea on the DNR response time once the public hearing is accomplished so the DNR the actual permitting probably won't start until we get about a 60% complete plan set like a final design plan set so right now we're still in the feasibility stage once we finish that we'll get authorization to go into final design once we get to that probably about halfway will that passed halfway or that final design plans will be ready enough to submit to the permitting agencies for them to start doing review I think the city has done a very good job of keeping everyone in the loop I mean we started that with our engineering started doing that when they were doing that so I anticipate their process would probably be a month to two months permitting process but we're also running parallel by finishing up the construction plans getting approval of the plans by the City Council advertising and bidding and so we feel that they we still have plenty we still have adequate time and the schedule to go through that process and still get started with construction and hopefully wrapped up with construction this year great thank you if there's no other questions as they're emotional sure I'll make a motion to approve accept the resolution for the noticed for public hearing for the mary lake outlet city project 1909 I'll second all right we have a motion cycle in a second but Johnson maybe there's somebody with her hand up oh I'm sorry thank you this is made Gallivan this is not really to dis note but I was wondering if I could speak because I think there was different zoom meeting info sent in the agenda and but I just got the right one from one of your staff thing do you have a comment on the Mary Lake project no I don't let me finish the Mary Lake and then I'll get right back to is that okay perfect thank you okay all right again we have a motion by cycle and a second by Johnson for the public hearing setting the public hearing notice on Mary lake outlet I will call the vote by roll call Johnson I labadie by cycle I there before my oath that public hearing notice is approved and now we will go back and I'm sorry I didn't catch your name can you give us your name and address for the record and then go ahead with your question or comment sure this is Maeve galavan I'm at two two six eight zero Kelvin lien in Sherwood and I wanted to appreciate you giving me the opportunity to speak a little later in here but um I wanted to provide you all I spoke with you at your last meeting about the galton Lake Road sidewalk and kind of issues around there and I just wanted to speak to provide an update I did take action on creating the petition online that has that's basically it's been sent to all of the rep our representative our state senator and governor walls every time somebody seconds we actually have garnered 104 signatures on this petition and it's been completely organic and just neighbors sharing with me so I'm quite confident that it really is all local Shorewood residents and there are folks that have signed it that commented on living here for as long as 20 years - as recent as you know between 1 and 7 years but they all have a number of reasons as to why they're requesting funding for this road and it really comes down to safety access to the school and just at being a project a long time coming so we plan on us personally calling our members in addition to having the petition sent to them and let them know at the state level that this is a community concern and I just asked if possible if anyone on the council is able to also have those conversations to see if there's a path forward I would we would all greatly appreciate it thank you that's something that's good news and very impressive in terms of the response you're getting Greg I'm wondering if it wouldn't help at this point to add and not tonight but our next meeting potentially a resolution from the council and support he's just to give her another little more emphasis to it and show that the council is behind this as well absolutely okay I think council would share that as well but we can certainly discuss it but what will put something on our agenda for the next meeting and discuss it and I think that would be helpful as well if you had a show that support from our council excellent we greatly appreciate it thank you very much all right thank you all right you don't see any other raised hands so I will move on number 9 is general new business letter a is a resolution approving on sale liquor license fee rebate and we have a memo from our city clerk and HR directors resolution 2005 sandy Thank You mayor members of the council so this item is as a result of the governor's order on March 17th which shuddered a couple of our local businesses in Shorewood American Legion and Tino's and the council like many other cities and counties I would like to do something for these businesses and in tonight's resolution we are requesting that they would allow for a 25% rebate to their liquor license fees for these two on sale liquor licenses in the city of Shorewood for this to allow for this down time the council may modify that amount or deny it or approve that amount you can see in the resolution that there were several other cities and counties that's not all-inclusive that's just some of them who are choosing to do those same things to their establishments so that I'm happy to answer any questions all right thank you any questions sandy I thought it was very helpful having the comparison what other cities are doing I'm just wondering if there's any other South Lake cities who are doing something like this specifically has Excelsior done this mm-hmm I do not know the answer to that but I did not see a lead that any of the surrounding cities had done it yet but I know there were a lot of cities that were considering it yeah and everybody was at a different stage in that so I wouldn't be quick to say no but I don't know the answer to that okay H I think it's a good idea and we only have a couple so I I'm fine with it I think supporting these people would be a good thing and it's minimal yeah I also think it's a great idea so I will make a motion to approve the resolution for on sale liquor license rebates due to the coab 819 pandemic second all right we have a second buy that or motion by lab a second by Johnson any other questions hearing none I'll call the vote Johnston Abadie I cycle I serve we votes I also Thank You sandy for bringing that to our attention the next item is 9d which is a temporary expansion of outdoor premises to unsettle liquor establishments this is also your sandy yes thank you thank you mayor and members of the council so this resolution before you tonight is to expand outdoor seating areas and also the two on sale liquor establishments that we have in Shorewood peanuts and the American Legion this governor just Thursday afternoon allows that they are able to open and serve outdoor customers on June 1st this order provided that they would expect that many of them don't have sufficient seating to accommodate for social distancing and some of the practices being that they'd only have outdoor patrons and not endure so this would allow them to expand that outdoor seating area without having to go through a typical process which is a lot more intensive than a temporary process that we're proposing here which would be a simple the city would look at their plans to make sure that it was contiguous and contained and they would be allowed to move forward with that there are four regulations that the city would also ask of those those businesses and and once again this resolution is set forth and you may modify it deny it or approve it as it is happy to answer any questions all right thank you any questions counsel how would this work for someone like the Legion who is surrounded by residential property Arden so what's the capacity where were they I mean once I mean is it two tables ten tables is it - yeah I think the neighbors there well the the parameters are pretty detailed in the governor's order are the tables are what the reservations can be and so forth on an actual the actual idea of how all of the space is done is fairly consistent with how it would be done at any time not even in a temporary situation where it needs to be a contiguous part of the already premises meaning the indoor he like your serve across the parking lot or and it has to be still has to be contained so there has to be a fenced off area or you may as you can probably see and you can do that with plan or some sort of plantings or you know they get pretty creative about how they make contained area but those two material would still apply you can't up your parking lot - and it's to be served there so those are still things that the city would take into consideration just as if it were coming through for an expansion I'm okay does that make sense yeah I was just sure you know currently their seating is screened behind fencing so and it's a pretty good sized area but I don't know how that works into this plan mayor members of the council this doesn't mean that our two establishments are going to take advantage of this it just means that and if they'd like to all right thank you any other questions if not is there a motion well I'll make a motion to approve the temporary expansion of out their premises to on sale establishments in Shorewood all right mr. Johnson do you have a question or a comment no I'll go I will support this I just want to make sure that the city is going to be looking at what can be done at the American Legion with the understanding of noise pollution to the existing neighbors that's my hesitation I see the Sandy nodding her head and I know the agent has been a good partner always fun I'm sure we'll have a conversation on that I guess we've never been through this right so now you're granting somebody the ability to I guess I share your comment or your thoughts Patrick so it's like I guess what's going through mine is like the what if you know what if there it gets I don't know I suppose social distancing if you're keeping that you're you're gonna be pretty limited to how many people you can fit on that patio and stuff so maybe we're just overthinking it you know they'll they've been a pretty good partner we've never had an issue with the Legion I'll go ahead in a second well you already did nevermind it Patrick you were saying something I agree with Debbie's comment about the what if you know I look at the bar in in the Ozarks that was absolutely packed would it happen here most likely not but you know what are our tools if something like that does happen is this police enforcement there we send them renovating to break it up Road at that point of a complaint and a resulting call to the police and a visit by the police this is merely giving these two establishments the ability to do this they they haven't they're not the applicant so they may not even be seeking this this is just giving me them the opportunity to now approach this is an option I share your concerns absolutely but I and I think it would be different if we were dealing with 250 potential businesses this would be affecting but we're really dealing with two businesses and like councilmember cycles said you know the Legion has been a wonderful partner in so many aspects to our city so well and I do just want to add mirror and members of that when we notify the American Legion antinos of this action they will get a list of all those requirements and rules that have been mandated in that executive order that they must follow in order to do this so they've been a wonderful partner and I can't see them doing anything that would tarnish you know what we've seen so far I'm so I guess the final question then the complaint was filed energy opportunity to you know withdraw this you know action you know again I'm assuming nothing will happen but just you know can it be withdrawn at some point if there are a lot of complaints or something happens is that point and the short answer to that is yes this is not the award of any additional rights that in order to the license holder this is a permissive grant of an expanded use of the licensed premises there may be some discussion at the permitting phase of restricting sound or music beyond the boundary of the licensed premises but I think staff can figure that out yeah that's fine I'm just thinking you know sometimes there's just unintended consequences of an action and I don't think any of us intend uh we want to help not harm so I mean you start kind of thinking through things so these are uncharted waters for all of us all right thank you mister Keenan we do have the word in their temporary expansion I don't know if counsel should address it with a more definite date or like a time frame or it does counsel feel comfortable with the word temporary if you leave it as temporary I mean who knows where this is gonna go okay we can move forward I'm alright councilmember Jonathan's okay I don't want to overthink and it's just thinking that's all yeah all right and I think it's time to call the vote Johnson all right labadie I cycle i Derby I that motion is approved thank you move on to 9c which is the old 2f right-of-way encroachment agreement 458 85 mill street they have a memo from her city administrator mr. LaRue measurement City Council members staff has been working with the owner of 585 illustrate to provide a water service line following direction from the council at I mean we sent out a draft agreement that was included with the original packet with their conversations with the owner about changes and staff has reviewed those changes and they're acceptable and I'd like to go over them with you I will just highlight the changes as we go through under the recitals the third whereas they work references Exhibit B Exhibit B will be properly described once the you the Lionel's now then one will describe it and in greater detail and then just a more general description I would point out that on the fourth whereas the Raptor has already paid the $10,000 to the city there were no changes on one two three or four of the original draft agreement and went out under under five the property owners he or she wishes to speak she certainly can there was a lot of discussion back and forth about the kind of the open-endedness of this and the burden of that on the property owner and that is true the state's position was as long as this line is under right-of-way it is a private line and over responsibility however compromise was reached on this where should the water may never be and down to the end of the business tree Cindy as part of that project would reconnect the service line to a new curbs that which would be installed as part of my cooking and so that was added there would not be another water access charge do either Shirley works else here at that occurred six stayed the same seven we did a little change we have a Exhibit B that we will maintain and provide if we get requests for it go for stable uncomplicated utilities it was very clear that this is a private line but we will make our best effort to make anybody seeking right-of-way prove it we're an item and eight we added a couple of reasonable note I'm sorry it was unchanged I believe under nine we did add a couple of reasonable all reasonable cost expense amount reasonable claims of liability that was an addition nothing to ten nothing to eleven number twelve was an ad request that once the line the spreads line were to be connected to a water main extension the city provided satisfaction to the property owner insuring that the provisions of this Agreement have been then it's no longer a burden against the property and so with that Tim and I and all right there any questions for the staff at this time right then I see that Kathy Bakken is here Kathy you're now unmuted would you like to speak to the council or just wait for questions oh yeah actually I would very much like to thank you all for helping get work with me and get this through so quickly I mean upon your approval and stuff I really appreciate it all right thank you who's Katie and Alex by the way it was a wedding shower that we had and I can't get the screen off waiting so long to ask that question oh yeah we had to have a shower so that's great mom I'm glad for them thank you are there any questions of staff or the applicants if not I would look for a motion we moved it from the consent agenda to discuss the changes that were made since the agenda packet went out I'll make a resolution or I'll make a motion to approve the resolution approving of a right away encroachment agreement 4 5 8 was that cycle I'm sorry I didn't yes okay motion by Johnson a second by cycle ring no other comments that I'll call the vote by roll call Johnson I body I cycle I deserve a votes I also all right thank you so much and enjoy that water thank you thank you very much definitely all right thank you all right we'll move on to number 10 which is staff and council reports the letter A as administrator administrator and staff of sorts we have couple items the first is the utility rates City Council members this is a time of year where a staff normally brings recommendations for rates and our utility funds well given the situation this year it seemed appropriate that this being delayed for a period of time were probably thinking third or fourth quarter this year that come back to the council but for now I just want to make you aware that we're not bringing anything all right that makes sense thank you the next item is a bad connection yes yes all right I heard Joe say if we have any kept questions we can call him for further explanation thank you Joe the next item is a reopening update mr. Lord I think I kind of took care of this during matters from the floor but we are working we have some policies in place we'll be putting up some physical barriers and all that will be part of the policy when we bring it forward for council all right thank you then we'll go around the table mr. brown all right Joe nothing else so you know his mic is hurting so nothing there sandy nothing else um yeah just one thing I actually just had to duck out at the beginning of our meeting for like 15 minutes because we had a tornado warning and it was kind of crazy the weather got nuts and you're on the house and we had to go figure out where we'd go tornado actually came and then they canceled ducking out at the beginning of the meeting but that was Andrew I don't have anything dad bear mister the rude I have nothing all right what sorry oh I said Marie sorry this whole Brady Bunch thing is throwing me in how to call on people thank you okay so I just wanted to let everyone know that we did get the 2019 population estimate from the Metropolitan Council they are currently estimating our population at seven thousand nine hundred thirty-four people and twenty-nine hundred and two households that's an increase in in terms of population anyway from seventy six ninety three last year all right and I had one more update for you as well I just wanted to make sure that you all knew that the playground opened up before the Memorial Day weekend so we had lots of kids out playing on all the new playground equipment and we should you're hoping to have the last remaining piece of concrete work done this week but they delayed it due to the expected rain so we'll have to reschedule with them but hopefully we can get that last piece finished though we can wrap up this project yeah I drove by it today and it looks fabulous you guys did a really good job on that thank you it's a really nice addition to the whole park and the whole area now has really come together so all right then we'll go to Council Patrick Jennifer noting fire board meeting tomorrow night if anyone wants to zoom into that Debbie I'm good thank you all right I have nothing else to report as well so thank you everybody thanks Greg for dealing with those last-minute technical issues and Sandy we're glad you're safe from the tornado so thank you do we have a motion to adjourn yep I was just gonna say I'd look for a motion to adjourn yep I'll make a motion to adjourn I'll second that motion by Johnson seconds by levity and I'll do the roll call Johnson all right laughing hi Michael Knight Missouri votes aye we stand adjourned thank you everyone