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04-26-21 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 26, 2021 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, Callies, and Gorham; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Callies moved, Labadie seconded, approving the agenda as presented. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of April 12, 2021 B. Approval of the Verified Claims List C. Liquor License Renewals, Adopting RESOLUTION NO.21-037, "A Resolution Approving 2021 Liquor License Renewals." D. Extend Approvals for the Matthew Sayer Addition, Adopting RESOLUTION NO. 21-038, "A Resolution Approving an Extension to Approvals for the Matthew Sayer Addition Located at 20325 Excelsior Boulevard." E. Accept Agreements for Mary Lake Outlet Project, City Project 19-09, Adopting RESOLUTION 21-039, "A Resolution to Approve Agreements for the Mary Lake Outlet Project, City Project 19-09" F. Approve Demolition Quote for 26245 Smithtown Road, Adopting RESOLUTION 21-040 "A Resolution Accepting Quote to Remove Structure and Clean -Up of Property at 26245 Smithtown Road." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 2 of 12 G. Approve Donation from American Legion Post 259 for Bleachers at Badger Park, Adopting RESOLUTION 21-041, "A Resolution Accepting Donations to the City of Shorewood for Bleachers at Badger Park." H. Authorize Service Agreement with Hennepin County, Adopting RESOLUTION 21-042 "A Resolution Authorizing Execution of a User Agreement for Nearmap Technology Information with Hennepin County." I. Accept Proposal for Emerald Ash Borer Management Plan Update, Davey Resource Group J. Award Quote for Water Service Installation, 5815 Howard's Point Road, E.J. Mayers, Inc., Adopting RESOLUTION 21-043, "A Resolution Awarding Quote for Installation of Water Service to E.J. Mayers, Inc. for 5815 Howard's Point Road." K. Award Quote for Water Service Installation, Grant Street, E.J. Mayers, Inc., Adopting RESOLUTION 21-044, "A Resolution Awarding Quote for Installation of Two Water Services to E.J. Mayers, Inc. for Grant Street." 3. MATTERS FROM THE FLOOR Alan Yelsey, 26335 Peach Circlet stated that he has been a resident for thirty-six years and does not appreciate that Mayor Labadie has limited his time to speak to just three minutes. He stated that he has not seen the City Council or staff address priorities, nor has he seen them identify them clearly for the residents. He stated that he has not seen a survey from the City about what the citizens believe are the priorities and needs. He also has not seen the final plans for the Shorewood Ponds project even though it was supposed to be made available quite a while ago and residents only had three days to review the original plan that the Council has voted on. He gave examples of how he feels the Council is not doing a very good job of giving the citizens a chance to get the information they need to make decisions He stated that related to Freeman Park, the City is the biggest polluter in the City, in terms of putting stuff in the water that damages its quality because of the amount of pesticides that the City uses. He noted that in the Bee Safe project, the City identified that it would never use systemic pesticides in Freeman Park or other City property however the City is using systemic pesticides. Mayor Labadie stated that she would like to address one thing that Mr. Yelsey shared. She stated that when she took over as mayor, she reached out to other mayors around the State through the League of Minnesota Cities and asked how other cities handle their Matters from the Floor topics. Shorewood did not have a time limit and noted that most cities have a three -to -five-minute time limit for this portion of the meeting. She stated that if the issue that they would like to raise will take more than three minutes, that is something that the rest of the community needs to hear about and should be something that perhaps should be on a future agenda. She explained that Matters from the Floor is a brief statement period for residents to bring something to the attention of Council and staff. She reiterated that the three -minute limit is in alignment with other cities around the State. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 3 of 12 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Audit Presentation — Justin Nilson Justin Nilson, Abdo Eick and Meyers expressed his appreciation to City staff, especially Finance Director Rigdon for his assistance throughout the audit process. He stated that the audit was conducted completely remotely this year which was a different process than usual and gave an overview of the audit results, which included no findings for 2020 which means that the audit opinion is considered clean and unmodified. He stated that they are also required to test Minnesota Legal Compliance and gave some examples of what they look for in relation to that compliance. He reviewed the General Fund balances and compared the budget to actual results. He reviewed the General Fund revenues and expenditures by type; the Capital Projects funds, Special Revenue funds, Debt Service Funds, the Enterprise Funds, and the Cash and Investment balances by type. He reviewed some key performance indicators compared to similar cities in the State. B. Jen Weiss, Excelsior Chamber of Commerce Jen Weiss, Director of the Excelsior Chamber of Commerce, gave an update of the Excelsior Chamber of Commerce and the Fourth of July. She introduced Ed Whetham, the new Director of Events. She explained that six months ago when she had come before the Council, they were in the middle of their financial crisis and is happy to say that she is now back to full-time hours and noted that they had also brought on Ed Whetham, as Director of Events in anticipation of events coming back. She stated that because of the pandemic, they were unable to hold events which meant that 77 percent of their revenue was gone so their focus turned towards helping the business community. She stated that they had a Lake Minnetonka Business Grant and ended up being able to help sixteen businesses by money raised from private donations. She shared other examples of the activities that they did to support small businesses and their membership. She stated that for 2021, they are hopeful that events will be starting again by the third quarter. She explained that the Chamber gave up their office space in July of 2020 and are working from home while holding occasional in -person meetings at The Commons or the Excelsior City Hall. She stated that, in general, she feels the future is hopeful. Ed Whetham, Director of Events gave an overview on the 2021 events that they are hoping will begin by the third quarter. He gave an update on some of the area events: Luck O' The Lake was held virtually in March; Farmer's Markets are currently on -hold; Art on the Lake has been postponed until September and combined with Apple Day. He noted that the Fourth of July event should be moving forward but may look a bit different than normal and scaled back a bit. He reviewed their proposed alternate schedule and COVID limitations. He noted their plans are to remove the food trucks, bands and other afternoon programming. Ms. Weiss noted that their traditional yearly expenses for the Fourth of July event are around $72,500 and for 2021 they are currently look at around $60,000. She stated that the City for the past ten years has donated $7,500 for the event. Councilmember Siakel asked whether the Firecracker Run participants would be reserved for local residents since the numbers will be limited due to COVID restrictions. Ms. Weiss stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 4 of 12 registration has not yet opened but that is definitely a good idea and noted that it is always a local draw for local residents. Councilmember Johnson noted that he had a similar thought regarding the fireworks and asked if it would be first -come, first -served or by registration so the numbers can be limited to what has been established. Ms. Weiss stated that they have gone back and forth on this issue and noted that they will be meeting with SLMPD later this week to review the mechanics of the options, i.e., Plan A, Plan B, Plan C before they make a final decision. She stated that many of their thoughts and concerns center around expenses and trying to figure out how much needs to be raised. Councilmember Siakel suggested charging a fee for the fireworks. Ms. Weiss stated that option is possible, but that goes against their goal of having free and open events for the public. She stated that it has been considered, but admitted that idea is at the bottom of their preference list though. Councilmember Siakel stated that she thinks that if the spots were taken up by people outside of the community, she believes Shorewood residents would be upset. Councilmember Gorham asked if the numbers would be limited to 250 people total for all three of the morning Firecracker Run races or if the limit was per race. Ms. Weiss stated that she believes that they can get by with making it per race, but she believes that they have to be corralled in very separate areas, so the issue may be whether there is enough space at the Excelsior Elementary School to do that. Mr. Whetham stated that the limit of 250 is per event, so it would apply to all three races combined, as long as they share a common start line. Mayor Labadie asked Ms. Weiss to pass along updates to City staff and the Council as they become available. 6. PARKS A. Report by Commissioner Gallivan on April 13, 2021 Park Commission Meeting Parks Commissioner Gallivan gave an overview of the April 13, 2021 Park Commission Meeting as outlined in the minutes. Councilmember Gorham asked about the color scheme selected for the playground equipment and asked if there was a color standard in the City. Parks Commissioner Gallivan stated that they have begun that process at the newer parks and are attempting to choose colors that are in line with each other and more cohesive. Councilmember Gorham stated that there are a lot of references to `owner responsibility' regarding the slides and other areas and asked if there are plans for staff or volunteer work for those items. Parks Commissioner Gallivan stated that his understanding is that there was work done to take a look at what the City and Public Works can do to prepare the site and was included in the full budgeted cost. He stated that they did talk a bit about what could be done with a volunteer labor force and while there may be some things they could do, there were others that should not be done by volunteers for future safety purposes, such as the railings. Councilmember Gorham stated that he would personally like to see twin slides remain because they are an iconic piece of the City's park's system. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 5 of 12 Councilmember Siakel stated that there is about $10,000 that is really out of the control of the Park Commission related to material costs. She noted that when the Council approved the improvements in Badger Park, they went the extra mile to do the different surface material. She stated that this price is a bit higher than what was budgeted, but she thinks in the end there will be a much nicer product. Mayor Labadie stated that she agrees with Councilmember Siakel and feels that Badger Park was really well done and would like to continue in that manner for the other City parks. She thanked staff and the Park Commission for taking a survey of the residents and taking their concerns and suggestions to heart. She stated that she feels this is a great way to listen and hear what residents want. Councilmember Johnson stated that as of the minutes, the Lacrosse board had not met to say whether they would be doing a demo during the Badger Park grand opening and asked if the City had heard back from them yet. Planning Director Darling stated that she has not heard, but she can check on that information tomorrow and let the Council know. B. Approve Purchase of Playground Equipment for Silverwood Park Planning Director Darling gave an overview of the recommendation from the Park Commission for replacement of the playground equipment and described some of the specialized equipment and ADA accessible features. She stated that the price of the project is $282,000 and includes all of the playground features, swings, hillside slides, plus the engineering working that needs to be completed. Staff has applied for the $25,000 grant and are hopeful that will help bring down the cost of the project. Staff and the Parks Commission recommend approval. Councilmember Johnson shared his concern that if this project is phased, the prices will just continue to climb. He stated that he would like the City to just pull the trigger and do the full project now. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-045, "A Resolution Accepting a Quote for Playground Equipment and Proceeding with Other Site Improvements for Silverwood Park." Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. 5-0a Motion passed. 7. PLANNING A. Report by Commissioner Maddy on April 6, 2021 Planning Commission Meeting Commissioner Maddy gave an overview of the April 6, 2021 Planning Commission meeting as outlined in the minutes. B. Approve Comprehensive Plan Amendment to Allow a Concurrent Detach me nt/A n nexati on for Parcel 34 117 23 21 0011, West of 450 West Lake Street Planning Director Darling explained that this Comprehensive Plan Amendment was initiated by Shorewood staff and the two cities have combined their applications together. The request is to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 6 of 12 detach a 4,000 square foot parcel of property from Shorewood and annex it into Excelsior. This property and the property to the east are owned by the same family and has a home that straddles the property line. Staff has proposed this jurisdictional boundary adjustment to allow the homeowner to consolidate their property and be completely within one city. The current situation of the property is very unusual and the home straddling the property line makes projects more complicated because one jurisdiction has to be granted authority over it so it moves forward under one set of inspectors. Code enforcement is also complicated because each city must apply their rules to the portion of the property under theirjurisdiction. She stated that after a current complaint had been received, the boundary line had been surveyed by the property owner to the east. To resolve this situation, the City had two options to either have both parcels in Shorewood or both in Excelsior. Staff had proposed that the City of Excelsior take the smaller parcel and gave examples of the numerous reasons, including the fact that Excelsior provides sewer and water to the property and the homeowner's vote within the City of Excelsior. The Planning Commission reviewed this request at their April 6, 2021 meeting and voted four in favor and one opposed. Staff and the Planning Commission recommend approval. Mayor Labadie noted that the City received numerous correspondence items that were distributed to the City Council and asked if there were questions for Planning Director Darling. Councilmember Callies asked about the time frame for consideration of this request by the City of Excelsior. Planning Director Darling explained that the Excelsior Planning Commission reviewed it this evening but has not yet heard what happened at their meeting and their City Council will meet on May 3, 2021. Councilmember Callies asked if the Excelsior staff had a recommendation. Planning Director Darling explained that the staff recommendation from Excelsior was also for approval. Councilmember Gorham asked how many properties existed in the City that straddle the boundaries. Planning Director Darling stated that there are a few properties that straddle the boundary but this is the only one where the municipal boundary line goes through the house. Mayor Labadie explained that the Council had received all the correspondence submitted by Ms. Cripe and asked her if she would like to comment on anything. Petra Cripe, 450 West Lake Street, asked if the Mayor would read aloud her letter. Mayor Labadie explained that typically that was not done because it is under Planning and not under Public Hearings. Ms. Cripe asked if the letter submitted by her neighbor had been distributed to the Council. City Administrator Lerud stated that all items were sent directly to the Council. Ms. Cripe expressed frustration with having to be in two places at once because the Shorewood City Council and the Excelsior Planning Commission were meeting at the same time to discuss her property and expressed concern that it was intentionally planned that way. She stated that when she listened to the discussion in Excelsior it sounded like it was about money and their desire for more tax dollars. She stated that she does not think this issue is about money but about her family. She stated that she has weighed both sides of the argument and does not feel this annexation is good for her family and feels their property owner rights are being compromised. She stated that this could create a hardship for her family in the future because now they are being represented by Shorewood. She stated that if that would change, the Council would not be able to protect them from events that she cannot foresee. She stated that there have been examples in the past where the Shorewood City Council was able to protect their family from the neighboring property which is an industrial business. She stated that she had worked with CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 7 of 12 Planning Director Darling for nine months in an attempt to enforce that neighboring business to put their fence back up. She stated that the it was not until she came before the City Council that caused the enforcement of the Conditional Use Permit to reinstall the fencing. She stated that she is unsure who originally came up with this idea and decided it would be best for their family, but she feels it is not the best for their family. She noted that she would like to know what the tax implications are, for example, whether they will increase as part of Excelsior. Her biggest worry is that two of their structures, their garage and their porch are only both permitted in Shorewood. She explained that in Excelsior, their porch would not be permitted and has been told by legal counsel that if those structures were to be damaged, she may not be able to repair them. She stated that she would want something in writing assuring her that they could repair or replace their own property. She noted that Planning Chair Maddy had asked her at their recent meeting which city she would choose if she could have a choice. She stated that is the first time anyone ever asked that question and her answer was that she likes things the way they were. She stated that now that she has thought about it more and have weighed the pros and cons of their situation, she would like to stay in Shorewood. She stated that this has not been an issue until their neighbor started complaining about ordinance issues and noted that she has complied with both cities. She stated that the utility issue should be a non -issue because many other residents in the City have Excelsior utilities. She stated that her feeling is that it boils down to their needing protection from the Shorewood City Council and is once again asking for that protection. They are just one family and are just asking for them to keep their property the way it has been for one hundred years. Mayor Labadie noted that the agenda item was published and noticed properly and the City was not attempting to railroad Ms. Cripe by sneaking this matter onto the agenda. She stated that it is unfortunate that the two meetings were scheduled at the same time but assured Ms. Cripe that Shorewood was not trying to sneak anything past her. She stated that she understands Ms. Cripe's concerns but the reality is that there is a property line right through the middle of Ms. Cripe's home. Planning Director Darling explained that Ms. Cripe's home is currently non -conforming. If the whole property was within either city, the improvements that would not have been approved in either city would continue in a non -conforming fashion which means the property owner can replace anything that is currently on their property. She gave the example of a tree falling on the porch and noted that the homeowner would have six months to rebuild it and if they take it down and want to rebuild it for some structural reason, they would have a full year to do that work. She explained that those are State rules so they are the same in either city. She stated that she had spoken with the tax assessor and he indicated that he didn't know of any reason why the taxes would change because they are based on the improvements that are currently on the property. She agrees that the fence took a long time to get back up after the property owner to the west removed it. She stated that regardless of whether Ms. Cripe lived fully within the City of Excelsior or the City of Shorewood, her concerns would have been listened to and acted on accordingly. She explained that resolution of the issue took a long time because the street was under construction and the permanent fencing could not be installed, but they did put up a temporary through most of the construction to keep the area safe and access into the property contained during the construction project. She stated that there were also some COVID related delays in getting the fencing put back up. Mayor Labadie asked City Attorney Keane if he had any concerns about this issue. City Attorney Keane stated that Planning Director Darling correctly stated that the non -conformity protections CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 8 of 12 for a property owner to rebuild as a result of a casualty on their property are controlled by State statute. The Minnesota Office of Boundary Adjustments within the Department of Administration has policies regarding corporate boundaries and noted that they are encouraged to follow center lines of streets and when that is not possible, they are to follow property boundaries so properties do not end up in multiple jurisdictions. Councilmember Callies stated that she walked down the street and it seems to her that for the future and as a matter of logic, this parcel fits better in Excelsior because of the residential nature of the entire street. She stated that while it is odd that the property owner is not one of the factors in terms of whether this property can be annexed, under the State law it is by the agreement of the two cities. She stated that she understands Ms. Cripe's concern and asked if it would be possible that the cities could agree that one inspector would handle this property rather than moving forward with an annexation and detachment at this time. She suggested that perhaps there could be some agreement that if the property were to change hands, then the detachment and annexation could occur at that point in time. She stated that, to her, it seems possible that the two cities could agree the one would be in charge of regulations for this property, even though technical the house is split by the boundary line. Councilmember Siakel stated that the rationale she is hearing from the homeowner is that by remaining a Shorewood resident they would get more protection based on the dredging company being next door. She stated that she would disagree with that perception because they have to abide by the rules under which they were founded and the City has enforced those rules. She stated that she does not understand the point made by Ms. Cripe that she would get more protection from Shorewood than if they were annexed into Excelsior. She stated that this is not the first time the two cities have been in cooperation to annex a property and does not view this situation any differently than ones that have been done in the past. She stated that she believes this property would fit better in Excelsior and cleans up the line and also makes it easier for two cities and two staffs and reiterated that she does not believe that the Cripe's will have better protection if a portion of the property remains in Shorewood. Councilmember Gorham stated that he would agree with Councilmember Siakel's statement and also does not necessarily agree with some of the homeowner's logic. He stated that it appears the intent was to clean up some of the confusion between the building code and the planning code. He asked if the City would fulfill that intent by having the homeowner become a full-time Shorewood resident. He questioned if the benefit would just be the clean-up versus abiding by the homeowner's wishes. Councilmember Siakel stated that Ms. Cripe does not want to be part of one City or the other and just wants things to remain the same. Councilmember Gorham noted that at the end of Ms. Cripe's statement she said if she had to choose, she would choose Shorewood. Councilmember Johnson stated that if there is an opportunity to renovate the entire home, his understanding is that there would have to be a building permit pulled in both cities which would be double the cost. Planning Director Darling stated that situation has not come up very often and noted the last time was when the garage was built and the two cities got together and determined that Shorewood would handle that one. Councilmember Johnson stated that he would rather see the property in one jurisdiction as opposed to straddling them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 9 of 12 Mayor Labadie stated that the larger portion of the parcel is in Excelsior and the tax base that the City of Shorewood receives from this parcel is much smaller than the tax revenue that the City of Excelsior receives from this parcel. She stated that she would also like to see it in one city or the other and the majority of it is in Excelsior, the property already receives Excelsior water, the residents vote in Excelsior, and the street that services the property is also maintained by the City of Excelsior. She explained that to her, it makes logical sense, for this parcel to be annexed to Excelsior. City Administrator Lerud clarified that there is a 92 percent of tax value to Excelsior and eight percent to Shorewood. Councilmember Gorham explained that he thinks the intent is clear and was to avoid confusion from multiple building codes. Ms. Cripe stated that she does not understand who would benefit from this change because it will not be her as the property owner. She noted that her porch and her garage are the only structures that are in Shorewood and stated that they have been happy to conform to both cities' ordinances. Mayor Labadie noted that staff has laid this out very clearly and, in her opinion, this is a housekeeping issue. Siakel moved, Callies seconded, to approve the Comprehensive Plan Amendment to allow the municipal boundary adjustment and Adopt RESOLUTION NO. 21-046, "A Joint Resolution Requesting Concurrent Detachment from Shorewood and Annexation into Excelsior of Certain Lands Pursuant to Minnesota Statutes Section 414.061." Roll Call Vote: Siakel, Callies, Gorham, and Labadie voted Aye. Johnson voted Nay. 4-1 a Motion passed. 8. ENGINEERING/PUBLIC WORKS A. Approve Feasibility Study and Authorize Final Plans and Specifications for Strawberry Lane Reconstruction and Trail, City Project 19-05 City Engineer Budde presented the feasibility study for the Strawberry Lane reconstruction project and noted that this project gives the City the opportunity to address many of the drainage issues that were identified in the Western Shorewood Drainage Study. He stated that both Strawberry Lane and Peach Circle will be full reconstruction projects with open cut watermain work and Strawberry Court will be a reclamation with directionally drilled watermain. He reviewed the estimated project costs which came in under what was budgeted and noted that the adjacent residents will not be assessed for this project. He explained that the only thing not included in the project costs would be the potential right-of-way acquisition costs. He gave an overview of the proposed schedule which would have construction begin in the spring of 2022 with final completion by the summer of 2023. Councilmember Johnson stated that Strawberry Lane is a major thoroughfare for Minnewashta Elementary and asked what the possibility may be of doing the construction completely during summer break. City Engineer Budde stated that option could be explored but may cost more. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 10 of 12 Councilmember Johnson asked if there had been any conversations with the school to discuss how this project may disrupt them so there is some planning jointly with the school district as opposed to limiting the schedule. City Engineer Budde stated that he had not yet had that conversation but would be happy to go meet with them and talk through the concerns and how they could be minimized or resolved. Councilmember Callies asked for a brief overview of City policy on assessments for street reconstruction. City Engineer Budde stated that his understanding is that if the project is in the City's CIP, then the City does not assess. He noted that there will still be a water service connection charge but noted that this project has been included in the CIP for a number of years. Councilmember Callies asked about the two options included in the report. City Engineer Budde explained that if the alignment is kept straight, it will require thirteen residents to engage in the right-of-way acquisition and if they do a slight `S' curve in the roadway, it will only require about eight residents to engage for right-of-way acquisition. Councilmember Siakel stated that for a number of reasons, she thinks it makes sense to go ahead and tackle this project rather than kick it down the road. She stated that she is unsure about trying to get the job completed during the summer months and asked if there had been any ongoing conversations about tax abatements with the school for this road work. Mayor Labadie stated that this was presented to the school district by former Mayor Zerby, herself and former City Administrator Bill Joynes in a meeting with Superintendent Dennis Peterson regarding possible contribution or interest from the school district and at that point there was absolutely no interest and no inkling of any assistance that would be given to the City. She stated that she does not think there have been any recent conversations. She stated that she is open to trying to have this conversation again, but her gut instinct is telling her it will not go anywhere. City Administrator Lerud noted that the City's assessment policy is that the city does not assess. He stated that this policy can be different for different types of properties and believes the conversation Mayor Labadie is referring to was about exploring whether the City should take a look at schools or other properties that do not pay taxes. He stated that he does not believe anything has happened since that conversation. He stated that it is something that the City could certainly pick back up again and take into consideration. Councilmember Johnson stated that the City has had very little communication with the school administration and believes there is a thought process in place that most of their students who walk do not take Strawberry Lane. He stated that he does not believe that is actually true and suggested contacting the PTA organization to see if they could raise some discussion with the administration to change that line of thinking. He agreed that he does not want to pause on this project, but would like to see some communication with the school district on both the financing and the coordination of the timing. Johnson moved, Gorham seconded, Adopting RESOLUTION NO.21-047, "A Resolution to Approve Feasibility Study and Authorize Final Plan and Specifications for the Strawberry Lane Reconstruction and Trail Project. City Project 19-05." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 11 of 12 9. GENERAL/NEW BUSINESS A. Ordinance No. 577 Targeted Residential Picketing City Administrator Lerud explained that the Council had discussed this item and had asked staff to look at a few things such as time and number of participants. He stated that staff researched and spoke with Councilmember Callies and based on their research, staff is recommending no changes to the ordinance. Mayor Labadie stated that she had also brought this proposed ordinance to the SLMPD Coordinating Committee and there were no concerns raised at that meeting and noted that all the other partner cities have already passed the ordinance. Callies moved, Siakel seconded, Adopting ORDINANCE 577, "An Ordinance Establishing Section 613 of the City Code of Ordinance Pertaining to Penalties to Targeted Residential Picketing." Roll Call Vote: Johnson, Siakel, Callies, and Labadie voted Aye. Gorham voted Nay. 4-1; Motion passed. B. Approve Buckthorn Removal at Freeman Park Proposal City Administrator stated that at the April 12, 2021 meeting the Council requested that staff gather additional information specifically about the application of the herbicide and information about using baggies as an alternative and if there would be any grant implications if the City changed the scope of the work. He explained that following a conversation with Councilmember Siakel, staff would like to recommend that action on the proposal be tabled and be brought back in the near future as part of a multi -year eradication plan that would be presented for Council consideration. He stated that the plan would describe the length of time, the anticipate annual work and the cost of such a project. He explained that this way before the Council makes a decision to accept the proposal, they will understand the ongoing commitment and cost to create a healthy forest in this area. He stated that there are no issues with the grant funding if the Council waits to consider such a plan, but would need to give Tree Trust an opportunity to resubmit their proposal because the one previously submitted expires at the end of this month. He stated that staff would like to lay out what happens beyond this year which he does not believe has been done. Councilmember Siakel explained that her thought process in asking to slow this process down was so the Council can take a look at the big picture before moving forward to ensure that they are being thoughtful about the end decision. Councilmember Gorham noted that he is not terribly concerned about losing the existing proposal and thinks that the City will get a similar proposal when it goes out for bids again and proceeds with a more thoughtful approach. Councilmember Johnson stated that he would also like to see an inventory of the trees that have the potential of being choked out by the buckthorn. There was Consensus of the Council to table discussion on buckthorn removal and direct staff to come back and present a long-term plan at a future meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 26, 2021 Page 12 of 12 C. Legal Services RFP City Administrator Lerud stated earlier this year Council had directed staff to prepare an RFP for prosecution and civil legal services and explained that staff has prepared an RFP for the Council consideration. Councilmember Gorham stated that the RFP did not contain a term and asked if it would be an annual contract. City Administrator Lerud explained that this RFP would be submitted to law firms and they would submit that type of information back to the City. He noted that he presumes that it would be an agreement that would span either one or two years. Callies moved, Gorham seconded, to approve moving forward with the RFP for legal services as presented. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown stated that they have finished sweeping the east side of the City and are working on the middle and will continue westward. He asked residents to pay attention to the website and social media for their anticipated watermain flushing. City Engineer Budde stated that work has begun on the Glen/Amlee/Manitou project and will begin more robustly next week. City Clerk/HR Director Thone provided an update on redistricting, stating that the census is complete, redrawing of legislative boundaries will begin, and noted that Minnesota had the highest response rate in the nation. B. Mayor and City Council 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of April 26, 2021, at 9:20 P.M. IMF ATTEST: Sandie Thone, City Clerk J nifer abadie, Mayor