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06-14-21 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 14, 2021 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:02 P.M. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie reminded everyone of the Grand Opening Event at Badger Park, on June 16, 2021 from 6:00 p.m. to 8:00 p.m. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Gorham, and Callies; 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: Councilmembers Siakel B. Review Agenda Gorham moved, Johnson seconded, approving the agenda as presented. Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies asked about the donation for the Band Shell Celebration and the suggestion that it be paid directly to Excelsior. She asked if the organization is a 501(c)(3) and whether the City should be donating directly to them and not to Excelsior. City Administrator Lerud stated that a payment, in this situation, is better made to Excelsior because they are working in tandem with them and does not know if they have a specific 501 (c)(3) status. He noted that donating to the city is just like donating to the event. Johnson moved, Gorham seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of May 24, 2021 B. Approval of the Verified Claims List C. Band Shell Celebration Event Donation CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 14, 2021 Page 2 of 7 D. Accept Proposal for Cleaning Exterior of East Water Tower, Adopting RESOLUTION NO.21-061, "A Resolution Accepting Proposal for Cleaning of the East Water Tower Located at 5500 Old Market Road." E. Authorizing Purchase of Public Works Equipment, One Pick-up Truck, F. 2021 Deer Management Program Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR Ryan Mailer, 5770 Kelsey Drive, stated that they wanted to start a fun family activity and have chickens in their yard. He stated that he began e-mailing with Planning Technician Notermann and Planning Director Darling and found that there is a rule in the City that you must have a minimum of 75% neighbor approval to have chickens. He stated that they only have two adjoining neighbors, one neighbor was in favor of the chickens and one was not. He would be open to a variance process. He stated that he did some digging into the rules and ordinances and found that there is not a variance process for urban farm animals. He asked the Council to look at the language of the ordinance and consider expanding, removing, or create a variance process for this situation. He stated that one other interesting factor is that the neighbor that was in support of them getting chickens decided to also go through the process to have chickens. That neighbor also approached the neighbor who was not in favor of his getting chickens, but because they had enough other adjoining neighbors that were in favor, they were able to obtain a permit a few days ago. He shared an aerial map that showed his yard as well as the neighbor's yard who was able to get a permit to keep chickens. Mayor Labadie noted that the Council will not be able to take action on this matter tonight, but directed Planning Director Darling to prepare a brief item for the next Council meeting to discuss this issue and consider the language that neighboring cities have used as well. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Tour de Tonka — Tim Litfin Tim Litfin gave an overview on the upcoming Tour de Tonka event scheduled for August 7, 2021 and noted that it will be live and in person this year. He gave a quick rundown of a few Tour de Tonka trivia tidbits and thanked some of the event sponsors. He noted that the event was first held in 2006 and noted that it is an event for all ages because there are also seven different distance options for the riders. He explained that they have had representation from forty-three of the states. 6. PARKS A. Report by Commissioner Hirner on June 6, 2021 Park Commission Meeting Commissioner Hirner gave an overview of the June 6, 2021 Park Commission meeting as reflected in the minutes and answered Council questions. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 14, 2021 Page 3 of 7 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications for 2021 Lift Station Improvements, City Project 20-12 Public Works Director Brown explained that this item is for approval of the plans and specifications for Lift Stations #7 and #10. He gave an overview of the construction components for these projects for the wet well, control cabinet and valve vault and compared existing to an example of a reconstructed lift station. Staff is estimating that each lift station will cost approximately $240, 000. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 21-062, "A Resolution Approving Plans and Specifications and Authorizing Advertisement of Bidding for Lift Stations 7 and 10 Rehabilitation Project, City Project 20-12." Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed. B. Authorize Preparation of Feasibility Study for Birch Bluff Street and Utility Improvement, City Project 21-01 City Engineer Budde explained that this item is a request for authorization to prepare a feasibility study for the Birch Bluff Street and utility improvement project. He noted that the project scope currently includes full reconstruction of Birch Bluff Road and Lee Circle with concrete curb and gutter, the addition of storm sewer and required ponding and other stormwater improvements, addition of watermain extension, and a small trail from Eureka Road to the Tonka Bay City limits. He gave an overview of what would be included in the feasibility study and noted that Birch Bluff is designated as a Municipal State Aid roadway which makes it eligible for MSA funds. He stated the small trail included in this project will connect Crescent Beach with Smithtown Road. He explained that prior to approval of the feasibility study, staff will hold an informational public meeting to provide information and seek feedback from the residents. He reviewed the amounts included in the CIP budget. Commissioner Gorham asked if the MSA funds would help pay for the project or would be something that the City would have to pay back. He asked about the likelihood of the City getting those funds versus the City having to engineer the roadway to a different standard that will cost more money. City Engineer Budde stated that the MSA funds are given to the City every year and they can apply to any City's MSA streets for improvements. He stated that those funds could be used for this project, but it would have to be built to MNDot standards. He stated that they do not know if that would mean anything financially to the project but that would be determined through the feasibility process. Once that is determined the Council would decide to use the funds for this project or hold on to them for a future project. Commissioner Gorham asked if the MNDot standards meant that it would be a thicker street. City Engineer Budde stated that the biggest thing is that the road would have to meet their horizontal and vertical curvatures for the speed. He stated that they have taken a very preliminary look at it CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 14, 2021 Page 4 of T and do not foresee any issues in being able to achieve those, but the plans would have to be submitted to the MNDot State Aid office for review and approval as part of the plan development process. Public Works Director Brown stated that the width of the lanes also have a State Aid standard as well as any trail widths. He stated that the other thing that would come into play are what are referred to as 'clear zones' which are distances behind the back of the curb that have to remain clear. He noted that typically, the stormwater requirements do not vary much between State Aid and non -State Aid. Councilmember Gorham confirmed that the City would not lose access to this money if they did not use it on this project. City Engineer Budde stated that the City would not lose the money because it is not a 'use it or lose it' type of situation and the funds will just remain in place until there is a project that they would like to use it for. He explained that the funds can just accumulate for a future project or can be drawn in advance, if needed. Councilmember Gorham asked what makes an MSA roadway. City Engineer Budde stated that the City has to have a population of over 5,000 to be eligible to be an MSA city and also have to designate a certain number of roads that provide more of a collector or arterial type feel to and gets people place to place and not necessarily access to driveways. Councilmember Gorham asked if there is any known interest in this area in accessing City water. City Engineer Budde stated that he has gotten a number of requests since a mailer was sent out a few weeks ago letting residents know that this project may be coming. Public Works Director Brown stated that he believes there are a number of people who are in favor of City water, but not everyone. He referenced back to the Glen/Amlee/Manitou project where water was heavily debated, and noted that the City controls the right-of-way, but this does not force people to hook up. He stated that it would be a shame to put in a roadway and have to go back in a few years and try and 'wiggle' those connections in. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 21-063, "A Resolution to Prepare Feasibility Study for Birch Bluff Improvements Project, City Project 21-01." Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS A. Initiate Competitive Bond Sale Finance Director Rigdon introduced Shannon Sweeney of David Drown Associates to explain the competitive bond sale to the Council. Shannon Sweeney, David Drown Associates, stated that the City is planning to put financing in place for some of the costs associated with the 2021 Street Improvement Projects that include: Smithtown Pond Trail; Glen/Amlee/Manitou; Sweetwater Curve; and the 2021 Mill, Overlay, and Striping projects. The total cost for these projects are estimated to be around $6,162,542 with the funding sources utilized being a cash contribution in the amount of $359,088.95 along with proceeds for 2020A bonds and general obligations bonds — series 2021A. He stated that if the Council chooses to finance this project as proposed it would finance the road over 12 years, and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 14, 2021 Page 5 of 7 20 years for the utilities. The bonds would be callable or can be pre -paid any time after February 1, 2028. He noted that the City has an excellent credit rating of AA+ which will attract investors and create great competition for the purchase of the bonds. Councilmember Johnson noted that he thinks this is another step in a very well thought, out ten-year capital improvement plan. Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 21-064, "A Resolution Providing for the Competitive Negotiated Sales of $4,325,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2021A." Roll Call Vote: Johnson, Callies, Gorham, Labadie voted Aye. Motion passed. B. Reimbursement Resolution Finance Director Rigdon explained that this Resolution allows the City to pay for a project before it receives the Bond proceeds, and then reimburse itself with bond proceeds. He stated that this is a very standard practice. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 21-065, "A Resolution Declaring the Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City." Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed. C. Glen/Amlee/Manitou Water Connection City Administrator Lerud explained that the City has begun to receive inquiries about connecting to water from the Glen/Amlee/Manitou neighborhood. He stated that although residents would not be able to hook up until the project is completed in the fall, staff is recommending that the water access charge be able to be assessed on the same terms as was approved for the Woodside project area last year. Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 21-066, "A Resolution Allowing New Water Customers on Glen Road, Amlee Road, and Manitou Lane the Option to Assess the Water Access Charge." Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed. D. SLMPD JPA Review City Administrator Lerud stated that the current South Lake Minnetonka Police Department Joint Powers Agreement expires in 2023. The Operating Committee, which is comprised of the administrators for the member cities, has begun work on the new agreement. He gave an overview of the work that has been done by the Operating Committee and noted that the proposed preliminary modifications and changes of the document were included in the packet and are recommended for approval. He stated that they are looking for a consensus on the `technical' changes so the Coordinating Committee can then focus on the more difficult portions of the JPA, such as the funding formula. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 14, 2021 Page 6of7 Councilmember Gorham noted that there appear to be some sections of the agreement that are still under construction. City Administrator Lerud stated that is correct and there will be things that still need to be fleshed out such as the dissolution and the bringing on of new members. Councilmember Gorham stated that he had to read Section 10, regarding withdrawal, a few times in order to understand the intent, which he thinks is that they want twenty month's notice prior to the January 1st in which they intend to withdraw. He reiterated that he feels it is worded in a repetitive and confusing manner. He asked questions about terminations related to employment with the SLMPD and if there was a reason that there was no end to the duration in Section E. City Administrator Lerud answered the questions regarding employment and noted that there was no reason not to include an end to the duration. He noted that the Excelsior Fire District JPA does not have a termination date on it either but is something that could be included. Councilmember Gorham noted that in some places it talks about review every five years. City Administrator Lerud noted that he believes that is in reference to reviewing the funding formula every five years. Councilmember Callies stated that she does not think the Council will want to review the JPA every five years but suggested that there should be some duration for when it is looked at again. Councilmember Gorham asked how often Exhibit A was revisited. City Administrator Lerud stated the formula inputs are reviewed every five years. He noted that he believes all the other member cities have already approved the smaller changes being suggested tonight in the red lined copy of the JPA. Councilmember Gorham suggested that the statement about the meaning of unanimous agreement of the parties be moved from the definition section to the body of the agreement because it will give it a bit more weight. Johnson moved, Gorham seconded, to approve the red lined version of the SLMPD JPA as presented, with the suggestions and comments made by Councilmember Gorham to be included. Roll Call Vote: Johnson, Callies, Gorham, Labadie voted Aye. Motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Council Member Meeting Participation City Administrator Lerud noted that at the May 24, 2021 City Council meeting Councilmember Gorham had asked whether Council participation would be permitted to be virtual once Governor Walz lifted the emergency order. He stated that the law has not changed and noted that a Councilmember can participate remotely three times per year. He stated that what changed was that all meetings held in 2021 prior to July 1, were not included in the annual limit. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 14, 2021 Page 7 of 7 Councilmember Callies noted that there is an important distinction about participating in a public place verses a motel room. Councilmember Gorham asked if the Council would have to pre - prescribe where their public location is. City Administrator Lerud stated that for a public location they would and would have to modify the agenda to note that a councilmember may be participating remotely. He noted that he can work with City Attorney Keane at coming up with the correct language for the agenda. Other City Engineer Budde gave updates on the Glen/Amlee/Manitou project and noted that there was a full roadway closure for the entire development today, but residents once again have full access. He noted that a contractor accidentally hit a power pole and power was out for about two hours from approximately 4:00 p.m. to 6:00 p.m. He noted that there is a public neighborhood on-line meeting for the Strawberry Lane trail project scheduled for June 22, 2021, at 2:00 p.m. and noted that after this meeting, he plans to meet with any residents who would like to meet. Councilmember Callies noted that within the City there are gas line replacements that are being done and asked whether the old lines are being taken out. City Engineer Budde stated that in the case of the mill and overlay projects that are near Councilmember Callies, the old line will stay in place and would be removed in the future when a full street reconstruction is done. Public Works Director Brown noted that CenterPoint does enlist the assistance of another firm to check services and the City will get the name of the firm on the website if residents have questions. He stated that earlier this evening he referenced the 20-foot turf trail as part of the discussion from the Park Commission meeting and mistakenly referred to it as going as far as the Holiday Gas Station and explained that it actually lines up with Shady Hills Road between the mini -storage and the day care center. B. Mayor and City Council Mayor Labadie reiterated her reminder about the Grand Re -Opening Ceremony for Badger Park on June 16, 2021, from 6:00 to 8:00 p.m. 11. ADJOURN Gorham moved, Johnson seconded, Adjourning the City Council Regular Meeting of June 14, 2021, at 8:13 P.M. Roll Call Vote: Johnson, Callies, Gorham, Labadie voted Aye. Motion passed. fq T ATTEST:4_ T AU- v %L Je9Afer LAbadie, Mayor Sandie Thone, City Clerk