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04-12-21 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 12, 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 7:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, Callies, and Gorham; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Mayor Labadie explained that she would like to postpone item 5.A., Report and Presentation by Hennepin County Sheriff David Hutchinson to a future meeting. She would also like move item 9.D. Receive Recommendations for Fire Lanes from Park and Planning Commissions, to a work session in the near future. Callies moved, Johnson seconded, approving the agenda as amended. Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies noted that she had found some typographical errors which were not substantive and asked if she should just contact City Clerk/HR Director Thone after the meeting to point them out. Mayor Labadie noted that since they were not substantive, she felt the best approach would be to contact City Clerk/HR Director Thone to communicate those changes. Johnson moved, Gorham seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of March 22, 2021 B. City Council Regular Meeting Minutes of March 22, 2021 C. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 2 of 14 D. Approval of Hennepin Youth Sports Program Playground Grant Application, Adopting RESOLUTION NO. 21-033, "A Resolution Authorizing a Grant Application for the Redevelopment of Silverwood Park Playground at 5775 Covington Road." E. Authorize Expenditures for Public Works Equipment, One Asphalt Hotbox F. Accept Proposal for Safety Training, SafeAssure Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR Duncan Storlev and Diane Tsari 5375 Eureka Road noted that they would like the opportunity to speak with regard to item 5C. Patricia Hauser, Ranked Choice Voting and 9C, Discuss Options for Wild Duck 2"d Addition Outlot A. Mayor Labadie noted that she will give them the opportunity to comment at that point in the agenda. 4. PUBLIC HEARING S. REPORTS AND PRESENTATIONS Postponed. B. Jim Lundberg, Operations Manager LMCC Jim Lundberg, LMCC, gave an overview of the services the LMCC offers, what they accomplished in 2020 and what they have planned for 2021. He noted that if anyone has a complaint about Mediacom, they should contact him at jim(DImcc-tv.org. The LMCC received a Telly Award in 2020 for their production of "Anytown USA" that provided insight into the challenges surrounding road construction in the area. He explained that the if the City had any programming ideas for LMCC, they can contact chris _Imcc-tv.orq for assistance. He noted that they have begun installing 2 camera, high definition, pan/tilt/zoom recordings systems into the member cities and explained that they can be upgraded to included a teleconferencing component. He stated that the plan is to replace the City's equipment sometime in 2021. Mayor Labadie thanked Mr. Lundberg for the valuable services the LMCC provides for the community. C. Patricia Hauser, Ranked Choice Voting Patricia Hauser and Jeff Dinsmore, 5805 Minnetonka Drive, thanked the Council for the opportunity to present a resolution for consideration regarding `Ranked Choice Voting'. She gave an overview of Ranked Choice Voting (RCV) and explained how it would work. She stated that RCV allows more people to run for office and makes elections more about the issues. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 3 of 14 Liz Johnson, FairVote Minnesota, reviewed a sample RCV ballot and explained that a winner would need a majority which means 50% of the vote, plus one. She stated that because people rank their ballot, any run off that may be necessary takes place instantly. She stated that there are already 16% of Minnesota voters already using RCV in cities such as Minneapolis, St. Paul, St. Louis Park, Bloomington, and Minnetonka. She reviewed what she considers as the benefits of RCV and noted that RCV has been highly rated by voters using it. She stated that HR 89 and SF 218 have been brought to the legislators to implement RCV for primary and general elections for State and federal offices, but also to ensure that it will allow local jurisdictions to adopted RCV. Mayor Labadie thanked Ms. Johnson and Ms. Hauser for presenting this information to the Council. Councilmember Siakel reminded Mayor Labadie that Mr. Storley and Ms. Tsari had wanted a chance to address the Council regarding this item. Mr. Storley stated that he has read quite a bit about RCV and as far as he can tell there is not a downside to it. He stated that anything that can help cut out the negative campaigning and the name calling in politics is a good thing. He stated that he would support moving to this type of voting. Ms. Tsari stated that she is also in favor of RCV and would love to get away from situations where she is choosing between two people that she does not want to hold office and would rather have more choices. Mike Melnychuk, 25360 Birch Bluff Road, stated that his research has shown that RCV can disconnect elections from issues and allow candidates with marginal support to win. He stated that he feels it also obscures true debate and issue driven dialogues among candidates and eliminates genuine binary choice between the top candidates. He stated that he also feels RCV disenfranchises voters because ballots don't include the two ultimate finalists. He stated that there should be an opportunity to have a counter -point to RCV presented to the body. Mayor Labadie explained that Patricia Hauser had approached her to present this matter to the Council. She stated that she had also given her permission to invite a representative that is not a Shorewood resident to participate to help educate Council on this issue. She stated that she would extend the same invitation to Mr. Melnychuk or anyone else, to present an alternate point of view. She stated that she would like to place this issue on a future work session and is hopeful that someone representing the opposite side of the issue could come and present their information before a deeper discussion is held. Councilmember Callies suggested that the presentation happen at the work session and not at a regular Council meeting and then give the Council time to discuss it in more depth. She stated that it seems like it would be more efficient to have the presentations made at the meeting where the Council would be discussing it rather than holding a sequence of meetings. 6. PARKS 7. PLANNING 8. ENGINEERING/PUBLIC WORKS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 4 of 14 A. Approve Plans and Specifications and Authorize Advertisement for Bids for 2021 Mill and Overlay, City Project 20-08 City Engineer Budde explained that in the City's CIP, they have identified a mill and overlay project for 2021 which is intended to extend the longevity of the roadways and infrastructure in the City. He stated that this project is generally on streets that have the poorest pavement rankings and are identified as having higher volume. He gave an overview of the work and repair that may happen as part of the mill and overlay project and reviewed the roadways that are included. He explained that part of this project, the City is looking to include three new sediment sump structures and baffles to some of the existing storm sewer around Silver Lake and noted that the City is going after a grant from Riley Purgatory Bluff Creek Watershed to help cover some of those costs. He noted that this project will also include the Sweetwater Curve watermain repair. He reviewed the proposed schedule if the Council approves this plan tonight. Staff recommends approval. Councilmember Gorham asked if the original plan was for a mill and overlay on Peach Circle but not, because there is interest from the residents in City water, the plans will be to reconstruct the street. City Engineer Budde stated that the City had sent out to the residents on Peach Circle to see if there was interest in watermain. He explained that watermain is only getting added as part of the Strawberry Lane project, so staff decided it did not make sense to do mill and overlay now and then come back and patch it in the near future because of watermain. He stated that there are some known drainage issues along that stretch so he expects that the City will do a reclamation and replace some of the curb and gutter. Councilmember Gorham asked whether the City had ever done the pipe bursting that is planned for the Sweetwater Curve watermain repair. Public Works Director Brown stated that the City has not done pipe bursting but it has been done all over the Twin Cities area. He explained that it drags a pipe through the existing pipe and bursts it, then drags a new pipe through the existing path which minimizes the disruption to the roadway. He stated that one of the potential barriers to this approach is proximity of utilities in the immediate adjacent area. He stated that they believe that should not be a problem in this situation, but will require a bit of investigation to ensure that the utility path is clean. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-034, "A Resolution Approving Plans and Specifications and Authorize Bidding for the 2021 Mill and Overlay Project, City Project 20-08, and Sweetwater Curve Watermain Repair, City Project 20-11." Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed. B. Accept Professional Services Agreement for Enchanted Island Force Main Replacement City Engineer Budde explained that the City maintains a sanitary sewer force main and lift station that services about thirty residents on Shady Island. This force main is mounted on the side of the Shady Island bridge and last year it was found that portions of the heat tape was not functioning the way it should and in addition, the force main itself is fifty years old and was ready for replacement. Staff has had a number of conversations to trouble shoot what needs to be done in this situation and have determined that the most economical solution is to replace the system in kind. He reviewed the expected costs and noted that he believes the City will be able CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 5 of 14 to solicit quotes because the construction costs will be less than $175,000. He stated this was not included in the CIP but would be funded from the Sanitary Sewer Fund. Councilmember Johnson asked if there was a way to push the schedule up because he is concerned about weather problems if it is delayed too long. City Engineer Budde stated that he thinks the project could be pushed up by about a month or so. Councilmember Gorham asked what the City would have done if the force main pipe was newer. Public Works Director Brown stated that he is not sure but hopes that the new design will ensure that future Councils and staff will not be faced with this same situation. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-035, "A Resolution to Approve Proposal for Shady Island Force main Repair." Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS A. Ordinance No. 577 Targeted Residential Picketing City Administrator Lerud explained that targeted residential picketing ordinances have existed for many years and noted that with some of the recent protests that have occurred in residential neighborhoods in other cities, many cities who do not have such an ordinance are considering adopting one. He stated that the proposed ordinance was shared with the City by South Lake Minnetonka Police Chief Meehan. He stated that this proposed ordinance seeks to prohibit harassment and intimidation directed at individual residences and their occupants as well as neighboring properties. It does not prohibit demonstrations from going through a residential neighborhood, nor does it prohibit a demonstration for a political rally or candidate. He stated that it will also have no impact on demonstrations that occur on public property or commercially zoned areas of the City. Staff has heard several comments regarding this proposed ordinance and based on those comments, staff would like to offer an amendment to the ordinance. He stated they would propose that "and occurring within 100 feet of the property boundary." Be added to (a) of Section 2, Definition. Staff recommends approval of the amended ordinance. Councilmember Johnson asked if the 100 feet language would be consistent among all the member cities of the South Lake Minnetonka Police Department. City Administrator Lerud stated that he is unsure if they had included that language. Councilmember Siakel stated that she thinks the amended language is a good idea and feels that the City could take that to the other member cities and explain the reasoning behind the addition of this language. She stated that she has no problem with people protesting or picketing as long as it is done in an appropriate way but does have an issue with people who seek to intimidate and scare people. She stated that she thinks this resolution is timely and will support it. Councilmember Callies stated that she generally agrees with the idea, but does have some concern about whether it is necessary. She stated that she does not like having ordinances that will be difficult to enforce or that are unnecessary, but understands the intent is to prevent problems going forward. She stated that she does like the distance language that was proposed by City Administrator Lerud and also noted that there is no duration or time limit included within CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 6 of 14 the definition. City Administrator Lerud stated this point is well taken and they can take a look at an appropriate time limit and bring back proposed language to the Council. Councilmember Gorham stated that he understands why this is being proposed but explained that he was against it. He stated that it ends up trying to be a balance between protecting the privacy and tranquility of our residents but also restricts their right to collectively assemble against something that they feel strongly about. He stated that there are already a lot of statutes in the State that restrict riots, noise, and unlawful assembly. He stated that violent speech, obscenities and threats are not protected speech. He noted that he would be okay with people in front of his house, peacefully picketing. Councilmember Johnson stated that he agrees with much of what Councilmember Gorham has stated. He stated that he also would not have an issue with someone in front of his home peacefully protesting but wonders if his neighbors would be, if it means that they cannot get in or out of their street. Councilmember Gorham stated that traffic cannot be blocked or access to their driveway or front door, nor can you trespass. Councilmember Johnson stated that he understands what the language is designed to do, but the reality is many times different. He stated that the neighbors of the Council members did not sign up for to be public officials and gave the example of another situation where this may be relevant would be if a neighbor was on a high -profile jury. Councilmember Callies stated that it would be nice if the people protesting were respectful of everyone's rights, but that is why these kinds of regulations have come into play because there has not been common sense or respect used. She stated that she feels this is a bit over -broad and the way it is written does not allow marching or standing by one or more persons in front of a dwelling without the residents permission. She stated that she understands that you should not be allowed to stand there and shout obscenities, but questions why one person could not stand in front of someone's house. She explained that she feels the language is a bit too broad in its attempt to have some common-sense regulation. Councilmember Gorham stated that he finds the language requiring the owner's permission a bit of a high hurdle to cross and seems a bit absurd. Councilmember Siakel stated she thinks there is a line between protesting peacefully and preventing intimidation. She stated that as Councilmember Johnson stated it is not necessarily about her, what asks if it would be fair to her neighbors. She stated that the way this has been explained to her, she is comfortable with and it would provide consistency to South Lake Minnetonka Police Department which will help with enforcement. Mayor Labadie noted that she is the City's representative on the Police Board and agreed that it is beneficial to the Police Department when there is uniform language throughout the jurisdiction. She stated that it is not mandatory that all of the member cities pass this and noted that Tonka Bay has passed this resolution, but Greenwood and Excelsior have not yet discussed it and is on their upcoming agendas. Councilmember Johnson asked how much discussion has there been at the Police Board regarding the specifics of the language in the ordinance. City Administrator Lerud stated that he does not believe the Coordinating Committee has talked about this in great detail. He noted that it was shared with the Operating Committee to take back to the cities. He stated that each city is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 7 of 14 responsible for passing its own ordinances and the request from Police Chief Meehan was that if the cities adopted this, he asked that they be consistent. Mayor Labadie noted that there is a Police Board coming up later in the week and offered to bring this issue up for discussion. There was consensus to have Mayor Labadie bring this up at the upcoming Police Board meeting. Alan Yelsey, 26335 Peach Circle, stated that he strongly supports this resolution and the proposed language amendment regarding distances. He stated that it is specifically about targeted picketing of a residence and does not mean you cannot stand in front of your neighbors door before walking in. He stated that this will protect the entire City from the unknown of who is out there. He stated that there are angry people out there and reiterated his support for this ordinance for the protection of the City officers, elected representatives and people in the community who have views on any side of the issue. They should all be protected in their residence and should have the right to the enjoyment of their residence in privacy and in safety without worrying who the person is in front of their house that is doing something disturbing. He stated that he believes this particular language is constitutional and would be a misdemeanor and will let it be known that in this City people should use other mechanisms to protest rather than targeting individual residences. City Administrator Lerud explained that staff's goal was to, wherever possible, use language that has been tested by the court system already. He stated that any change or addition made may make it open for challenge and noted that the ordinance as it is in front of the Council has been challenged and found constitutional. Diane Tsari, 5375 Eureka Road, stated that she does not like the idea of members of the community being picketed at their own homes because there are other people who live nearby. She stated that if someone wants to talk to the Council or staff, they are accessible and would hope that there could be polite, calm, and reasonable discussions. There have been events in the area where a bunch of people come from outside the area to have big events that are very disruptive to residents such as last fall when they could not get in or out of their neighborhood because of something someone was doing at a home. She stated that this may be going too far if the language included prevents people from picketing like that. City Administrator Lerud stated that for the event Ms. Tsari was referring to last fall, that type of protest would have still been allowed. Councilmember Callies stated that to her, it looks like the definitions need to be tightened up a little bit to make it clear because some sections appear to say that it is illegal for one person to be in front of a residential dwelling unless they have permission from the owner. She stated that she does not think that is the intent of this document, but that is what it says. Mayor Labadie stated that what she has heard from the Council so far is that Councilmember Callies would like a second look at this ordinance language and Councilmember Johnson would like her to bring this up for discussion at the upcoming Police Board meeting. She asked Councilmembers Siakel and Gorham to weigh in with their opinion. Councilmember Callies stated that she would like to table this discussion and not take a vote on it tonight. Councilmember Siakel stated that she had to call staff for clarification, so she understands some of Councilmember Callies concerns. She stated that she is in favor of this, but if the language needs to be tightened up a bit, that would be fine. She stated that the if the purpose is to have CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 8 of 14 something that applies to all of the South Lake area and is something to be discussed with the Police Board, she is also okay with that. She just wants to ensure that this item comes back before the Council because she feels it is relevant, especially in today's world. She stated that she does not want to see a decision on this item to linger for three months and wants to move it forward at the next Council meeting. Councilmember Johnson stated that he would agree that he does not want this to sit out there for too long either. Mayor Labadie stated that prior to the Police Board meeting, she will discuss this matter with City Attorney Keane There was consensus to table discussion of this item until the next Council meeting B. Approve Buckthorn Removal at Freeman Park Proposal City Administrator Lerud explained that the City received a Legacy Fund Grant through the Minnesota DNR to create a health forest and the City is proposing to remove buckthorn from a portion of Freeman Park. The City has used goats in past years as a control measure with limited results. This proposed work will involve cutting and removing the plant and treating the stump with a State approved herbicide. He explained that eradicating buckthorn is a multi -year process with this year being the most labor intensive. Staff recommends acceptance of the proposal as presented. Mayor Labadie applauded staff for their work to get this $50,000 grant. Councilmember Callies stated that she supports this because buckthorn is kind of like the 'carp' of trees and shrubs and is not a helpful vegetation. Councilmember Gorham confirmed with City Administrator Lerud that the herbicide will be localized and not widely broadcasted. Councilmember Siakel asked if there were alternatives to the type of herbicide that is used and noted that some residents have brought up concerns about what will be used. City Administrator Lerud explained that this is what Tree Trust, who does this type of work, has recommended and clarified that the herbicide is not Round Up. Alan Yelsey, 26335 Peach Circle, stated that he would like to see who the residents are who actually complain about buckthorn. He stated that he would agree that buckthorn is invasive and not the greatest thing, however, he does not believe it is necessarily the enemy that it has been identified as. He stated that he loves that the City received a grant and the restoration of that wooded area would be wonderful. He stated that it would also be great to create jobs locally for things like summer jobs and noted that he really likes Tree Trust. He stated that he has no problem with the grant or trying to restore the wooded area, but he also has no major amount of problem with the amount of buckthorn. He stated that he loves the idea of plantings that are bee and butterfly friendly. He stated that his concern is with putting a poison into the ground and Round Up has been proven to be a carcinogen even though it cannot be easily proven because of the way it breaks down. He stated that in this case it would refer to Pathfinder and this does leech into the water and has been found in the ground water which is disclosed on the label and they tell you not to use it in any area where there is a high-water table which is exactly where it is being placed because the wooded area floods. He questioned why the City would choose to put a potential carcinogen, that has been shown to cause breast tumors in mice and has been indicated to cause problems with human reproduction, where it could get into the water table. He stated that he would suggest that rather than the herbicide that the City bag the large stumps and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 9 of 14 carry away the small pieces. He stated that if the City chooses to proceed with the carcinogens, he will take action to stop them. Greg Larson, stated that he agrees with Mr. Yelsey to a certain degree. He stated that he has worked hard to eliminate pesticides out of the environment. He stated that this is not Round Up or glyphosate and is another chemical called triclopyr He stated that he has used it before and while he is not saying people should drink it, it is not the same as Round Up and is applied directly to the stump during the winter. He stated that he thinks it is important to remove the buckthorn and thinks the triclopyr is almost needed to rid the woods of the buckthorn. Diane Tsari, 5375 Eureka Road, she stated that she agrees that buckthorn needs to be removed but she is very wary of the use of chemicals. She stated that she has pulled buckthorn by hand in her yard, when it is small and pulls with a weed wrench when she can and has also cut big buckthorn and has eventually had large root systems shrivel up. She explained that there are alternatives that a bunch of people if they were given the work to do it could remove it via those means rather than with the chemicals. Duncan Storley, 5375 Eureka Road, suggested that perhaps the City could seek volunteers to do the work. Mayor Labadie asked for Council input and noted that she is not an expert in this area. City Administrator Lerud stated that he is also not an expert. The DNR states that this is an approved product as a way to eradicate buckthorn and so does Tree Trust, who are licensed arborists are familiar with this product and use it elsewhere, so the City is relying on their expertise. Public Works Director Brown explained that when the City met with Tree Trust, they were very knowledgeable and did dive into the difference between the chemicals. This product is water based and not oil based so they explained that the risk of this propagating was minimal. He stated that the City could check into the DNR method of bagging the roots. Mr. Yelsey stated that he would not trust anybody about chemicals and their long-term effect on human beings and reproduction and children because there is not yet enough evidence to judge. This is a systemic herbicide and is a potential carcinogen. He stated that the baggies work and asked the City to check them out and stated that it can be done quickly and simply. He stated that he would like the City to look at every other option that does not include putting a potential carcinogen into the soil and water. Patricia Hauser, 5805 Minnetonka Drive, she stated that there are some entities that can be contacted such as Beyond Pesticides and Sarah Fultz Jordan from the Xerxes Society to comment on this issue. She stated that what she notices when walking around the neighborhoods that there are a lot of female plants and would suggest that the City do what it can to encourage residents to get rid of their buckthorn that has seed bearing on it. She explained that these are the female plants that have seeds and then the birds eat it and it gets planted elsewhere. She stated that she can pass along contact information for both Beyond Pesticides and Sarah Fultz Jordan to City staff. Councilmember Callies stated that the Council is relying on what experts have told the City and to her knowledge, this product has not been shown to be a carcinogen. She stated that she realizes that exposure to any chemical can have a negative effect, but she does not believe this is harmful based on the information the City has been told from the tree experts as well as the DNR. She stated that if the Council does not feel as though they have the necessary scientific CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 10 of 14 information then it should obtain that information prior to making a decision but noted that she would be okay with moving forward on this project. Councilmember Gorham stated that the quote in front of the Council is valid for thirty days and noted that he would not mind knowing a bit more about the proposed chemical before the Council takes action. Councilmember Siakel stated that she can see both sides. The City is relying on the arborists and would like to know if they have used it on other projects and if so, whether there had been any consequences as a result of its use. She stated that on one side she feels like the City needs to deal with it because buckthorn has been a problem at Freeman Park, but the other side would be the thought on how it can be dealt with the most effectively. She stated that she ends up going back to the idea that they are arborists and are professionals and would ask them if there had been any disastrous results with any of their other projects. Councilmember Johnson stated that where he struggles is that not only is the City trusting the expertise of the arborists, but also the DNR is offering to invest $50,000 to help the City. He stated that the approach of targeted spraying makes him much more comfortable rather than widespread spraying. He read aloud from the quote regarding their proper work and treatment protocol. He stated that the City has to rely on their expertise. Mayor Labadie asked if there were any other time restraints outside of the quote being valid for thirty days. City Administrator Lerud stated that there is not a time crunch but there is an unknown when the State will return the contract. He explained that the City has signed its share of the contract but it has not yet been returned and is unsure how long that may take. He stated that the Council could make a decision tonight, or delay it until April 26, 2021 and staff could bring back some additional information. Mayor Labadie stated that since the Council has raised various concerns, she would ask staff to take direction from those concerns and bring back answers to those questions at the next Council meeting for action. City Administrator Lerud stated that his understanding is that the Council would like additional information about this particular product and look at getting a price for the potential baggie program and more information on that method as a competing proposal. He stated that he will have to check on the grant details but does not feel there will be any problem with it if the City changes the method it uses. Mr. Yelsey stated that he thinks the Council has come up with a good solution and noted that people are questioning whether this chemical is safe or not and gave examples of some of the birth defects that have been caused by subcomponents of this chemical. C. Discuss Options for Wild Duck 2nd Addition Outlot A Planning Director Darling explained that at the previous Council meeting, Mr. Greg Larson had presented an idea during Matters from the Floor about the possibility of protecting Outlot A of the Wild Duck 2"d Addition and keeping it as green space. She noted that she has heard that there have been a -mails sent around stating that there was a townhouse development proposed for this land and she wanted to make it clear that there have been no applications received to develop this property, nor has anyone inquired about developing the property in the four years she has been with the City. She explained that the property was created to be a privately owned open space in 1975 with a condition that an easement should be recorded against the property that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 11 of 14 would prevent further development of the property. She noted that the easement was not recorded by the developer and in 1986 a developer had expressed interest in developing the property, but the Council was not inclined to approve more development. In 2002, the developer gifted the property to the City and explained that there are some current protections for this outlot and read aloud a portion of the Comprehensive Plan. She explained that the property was created as open space in exchange for approval of smaller lots than would typically be allowed. She stated that an outlot does not permit any additional subdivision of development without formal approval to change the legal description. She stated that by acquiring the property, the City has protected it from development. She reviewed a few options for other protections for this property and amending the Comprehensive Plan and Zoning Ordinance. Councilmember Gorham asked if the City amended the Comprehensive Plan how much stronger would that be than doing the ordinance. Planning Director Darling stated that there would need to be one additional approval through the Council and would involve more layers. Councilmember Callies stated that she does not see the need for the City to take action because it is open space and is owned by the City and any change would involve public process. She stated that there is nothing imminent in this situation that needs to be protected because the land is already being protected and reiterated that she did not think a change is needed. Mayor Labadie stated that she agrees with Councilmember Callies. She stated that there has been a lot of talk on social media and via e-mail about this issue, but the reality is that it is not an issue in the sense that no one has ever approached the City about the availability of this parcel. She stated that this parcel, at this point, is protected as it is and the City does not have any intent of moving forward with anything. She stated that when the City was considering the possibility of a storm water pond, it was done in a public forum where the Council took residents concerns into consideration which is much different than the allegations that are going around the social media stating that the City wants to develop this property and is completely inaccurate. Councilmember Gorham stated that his earlier line of questioning was in order to understanding the options as they stood against the leave 'as is' option. He stated that he does not see any benefit to pursuing the other two options. Councilmember Siakel stated that she agreed and noted that she was not aware of a Wedgewood Forest until 6 months ago when someone came up with the term and placed in on social media. She stated that she has never heard any comment about this parcel being developed. Duncan Storley, 5375 Eureka Road, stated that one of the things that concerns him is that apparently the property was deeded to the City but somehow the easement was never filed property. He stated that he is not sure that the City really legally owns the property and would like to see this information be filed and make sure that the original wishes are met. Diane Tsari, 5375 Eureka Road, she stated that she understands that the Council has not seen any inquiries into development this parcel, but she knows that it is a possibility. She stated that she would get the most comfort by knowing that the land is permanently protected which can be accomplished by putting a conservation easement on the parcel. She stated that a conservation easement was used to preserve the marsh that is directly south of their home. Greg Larson, 25535 Orchard Circle, asked if he was correct in saying that the City does not have a zoning classification that is specific to permanently protected greenspace. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 12 of 14 Planning Director Darling noted that this was correct and there was not specific zoning district just for open space but is an allowed use in almost all of the zoning districts. Mr. Larson asked how other cities handle the protection of greenspace. Planning Director Darling stated that they also do it with development regulations, easements and ownership. She stated there may be one or two cities around that have a permanent open space district, but the majority of them do not. Mr. Larson stated that it seems to him that without that type of category then any greenspace in the City will always be open for another Council to come in and take it away. He stated that he would like to see the City find a way to permanently protect the greenspace in the City and should be a special zoning area so it is more difficult for a future Council to come in and make changes. He stated that this particular Council considered bulldozing the woods and putting in a stormwater pond, so he does not think they can say that it is permanently protected in its current form. Councilmember Johnson stated that he has some concern with the use of the word 'bulldoze' and explained that as he looks at this type of project, that is not the intent he would have. He stated that when he looked at the petition that was submitted, he saw names of people he knew and when he contacted them to find out their concerns and explained what the City was considering they were not as concerned and shared that they also had their own drainage concerns. Kathy Ottum, 30 Lilah Lane, Tonka Bay, stated that she wanted to put to rest some of the comments that she is hearing. She has lived in this location since 1973 and is a representative for Preserve the Woods. She stated that she would like to address the comments made that the City has been protecting this forest for all this time. She stated that she does not blame the current Council, but about every five years or so, something comes up to take the forest and shared some of the examples. She stated that she is excited that City Administrator Lerud shared the easement because she has been looking for that document. She stated that according to her attorney, the City can very easily file what is called a 'corrected deed' with a minor filing fee. She stated that will protect things so when the current Council is gone, the land will still be protected. Mr. Larson asked about the easement because it would seem that the plans to put in the stormwater pond would have also been invalid because it says no excavation or topographic changes. He asked if the easement was still valid and asked why it had not been attached to the title and if it could be attached at this point. Planning Director Darling stated that the easement is not valid because it was never recorded but does not know the reason. She stated that an easement could be attached to the property which would be valid for up to forty years. City Attorney Keane stated that he also does not know why the easement was not prepared in a recordable form, so it could not have actually been recorded when it was prepared, nor could it be recorded today because the signatures were not property notarized. Councilmember Siakel stated that she agrees with Councilmember Callies comments that if there was anything that came up, there would be a public process put into place so the Council cannot just one day say they are going to do something. She stated that she does not see any imminent danger for this parcel. Callies moved, Siakel seconded, directing that no action be taken regarding Outlot A, Wild Duck 2"d Addition. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 13 of 14 Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed. Moved to a future work session. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. 1' Quarter 2021 Investment Report Finance Director Rigdon gave a brief overview of the First Quarter Investment Report. Other Public Works Director Brown stated that this is the second week of sweeping streets and noted that weight restrictions were lifted today. Once the roadways have been swept, they will begin flushing the watermains and both of these will proceed east to west within the City. City Engineer Budde stated that they have been working on the final design for the Smithtown Pond project and were notified about a month ago that the Army Corps of Engineers has claimed jurisdiction on some of the streams and wetlands in there. He stated that the schedule did not anticipate that and will mean that the start of the project will potentially be delayed by about four to six months as they acquire the necessary permits from them. He stated that the contractors he had spoken with felt it would be a good winter project anyway but noted that the Shorewood Oaks segment could not be constructed this fall if there ends up being a six-month delay. B. Mayor and City Council Councilmember Siakel asked if the City would be passing on the Shorewood clean-up day again this year. City Administrator Lerud stated that he believes it has been scheduled for May 15, 2021 and there will also be a paper shredding event held at the same time. He stated that this information will be shared in the newsletter. Councilmember Callies stated that she cannot serve as the liaison for the month of May for the Planning Commission and asked if someone could fill in for her. Councilmember Gorham offered to attend the Planning Commission meeting as the liaison. Councilmember Callies thanked Planning Director Darling for her work on the Just Deeds project which is where, in partnership with the University of Minnesota, lawyers are looking at where there have been restrictive covenants on residential properties throughout the Twin Cities. She noted that she had also completed the Respectful Workplace training. Councilmember Johnson commended the local non-profit called Bunny Besties. He explained that his daughter had volunteered there recently and noted that it is an organization that seeks to help with mental illness via interactions with bunnies and encouraged people to find their Facebook page for more information. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 12, 2021 Page 14 of 14 Councilmember Gorham stated that he will be able to attend the Planning Commission meeting on May 4, 2021, but noted that he would be a bit late because he is coaching at Tonka United. Mayor Labadie stated that she and City Administrator Lerud will be attending a quarterly meeting with the Superintendent Peterson from Minnetonka public schools and will also attend the Police Board meeting. 11. ADJOURN Johnson moved, Gorham seconded, Adjourning the City Council Regular Meeting of April 12, 2021, at 9:37 P.M. Roll Call Vote: Johnson, Siakel, Callies, ATTEST: kmlvamitw fflm Gorham, Labadie voted Aye. Motion passed. Je6nifer abadie, Mayor