03-27-23 CC Reg Mtg MinutesCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 27, 2023
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. Pledge of Allegiance
B. Roll Call
Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney
Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance
Director Rigdon; Planning Director Darling; Parks and Recreation Director
Crossfield; Director of Public Works Morreim; and, City Engineer Budde
Absent: Councilmember Johnson
C. Review Agenda
Maddy moved, Sanschagrin seconded, approving the agenda as presented. Motion
passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Councilmember Callies asked about the PVC pipe mentioned in item 2.E and why it was
considered a change order.
City Engineer Budde explained that ductile iron pipe has been the City's standard for a long time.
He stated that there are many other communities that have taken on PVC over the last ten years.
He stated that has added some `competition' with regard to pricing, but noted that it is also a bit
easier to work with when making repairs. He stated that there are a number of benefits that come
out of switching to PVC piping versus the iron pipe.
Councilmember Sanschagrin noted that he also had questions about items 2.E and 2.F. of the
consent agenda and asked if they could be removed for further discussion.
Maddy moved, Callies seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Work Session Minutes of March 13, 2023
B. City Council Regular Meeting Minutes of March 13, 2023
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C. Approval of the Verified Claims List
D. Approve Professional Services Contract for Garden Care with Mangold
Horticulture
E. Approve Change QrdeF for Strawberry Lane ReGonstruGtion, City ProjeGt 1-9-
(moved to item 7.A)
F. Approve Change Order for BirGh Bluff StFeet and Utility improvements, City
, ( moved to 7.13)
G. Approve Permanent Appointment of Jeremy Moe, Light Equipment Operator
— Shop Tech
H. Accept Resignation of Community Center Attendant and Approve
Recruitment for Position
Motion passed.
3. MATTERS FROM THE FLOOR
Greg Larson, 25535 Orchard Circle, explained that he was here to serve as spokesperson for the
neighborhood and to drop off a petition and copies of some e-mail messages from residents who
were not available to sign the petition regarding Eureka Road north of Smithtown. He read aloud
the language in the petition regarding the condition and plans for the roadway. He stated that the
road is falling apart and they feel the City should spend some of the money set aside for the
consulting firm to study the project and repair the road. He stated that the residents are opposed
to many of the plans for the roadway that were proposed in January such as sidewalks and curb
and gutter. He referenced the Birch Bluff project which they feel was not needed and unwanted
and explained that they did not want the same thing to happen in their neighborhood. He
expressed his frustration that residents are only allowed three minutes to speak to the Council
about their situation and are not allowed to have a conversation or dialogue with the Council.
Mayor Labadie asked if City Engineer Budde would be able to address any of these concerns.
City Engineer Budde explained that he would be able to respond to some of the concerns raised
by Mr. Larson during his update later in the meeting and could also put together a written response
for the next City Council meeting.
Mr. Larson submitted his petition to City Administrator Nevinski.
George Greenfield, 24715 Yellowstone Trail, stated that he wanted to speak about the continuing
debacle at 24835 Yellowstone Trail. He read aloud a portion of the variance that was granted by
the City in November of 2021 related to lot width. He stated that he feels that the City has a
history of upholding the rights of developers over the interests of residents. He stated that it
appears that money prevailed over justice and simple legality in this situation. He stated that
because an incorrect meeting date was published, citizens were not allowed to participate in the
discussion and noted that he did not think the appropriate notices were sent out to residents within
five -hundred feet of the project. He stated that he did not feel the Planning Commission paid
attention to the criteria in the variance and were somewhat arrogant and dismissive to residents.
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He stated that he felt that the Council needed to have better oversight over their staff because he
feels they make frequent errors and give misinformation to residents. He stated that the City
should also immediately dismiss any member of the Planning Commission who served at the time
this variance was approved because they were not conversant with what they needed to be in
order to do their job. He stated that he did not mean the people that are at the front desk or those
that residents speak with on the phone because they have always been courteous and helpful.
Mayor Labadie asked Planning Director Darling to prepare a written response to Mr. Greenfield's
concerns at the April 10, 2023 City Council meeting.
A man from the audience declared that he would like to give his time to Mr. Larson.
Mayor Labadie explained that since Mr. Larson was serving as the spokesperson for his
neighborhood, she would allow him additional time to speak.
Mr. Larson read aloud some quotes from resident interviews that were conducted that are
included in the City's Comprehensive Plan. He noted that the Comprehensive Plan has been
described to him as both the Constitution and the Bible of the City.
Kirk Honour, 5320 Lee Circle, stated that he was not aware of the petition, so he did not have a
chance to sign it. He stated that he is opposed to the widening of the cul-de-sac in Lee Circle.
He stated that he basically wanted to say what was written in the letter by Mr. Larson and
explained that the reason he moved to the City fifteen years ago was not for a modern, planned
community. He stated that he likes the streets the way they are and widening them will lose the
aesthetic of the City. He stated that he feels the streets need maintenance, but does not feel they
need to be widened and noted that the City seems to be ignoring the comments from the residents
who live on the roadways.
Diane Tessari 5375 Eureka Road, stated that she was able to sign the petition presented by Mr.
Larson. She stated that she has lived in the City for over twenty years and her partner has been
here for more than fifty years. She noted that their home and some of the trees have been there
for over one -hundred years. She explained that she cares about clean air, clean water, and
healthy soil and ecosystem. She stated that when she moved here she found out that Shorewood
was a 'green city' which made her proud, but since that time she has become more and more
discouraged by what she has seen in the City, such as the cutting of trees on Strawberry Lane.
She stated that she had also seen that the City did not keep their promise when it came to
protecting bees. She stated that now that she is here she does not see a 'green city' but instead
one that cuts a lot of trees. She stated that she feels the City should be more responsible to
future generations and explained that she did not see things like cutting down trees, paving and
widening roads as being 'green' and is just adding to climate change. She asked the Council to
ask themselves how the children in the future will be affected by the decisions they are making
today.
Mayor Labadie asked if there was anyone on-line who wished to speak.
Alan Yelsey, 26335 Peach Circle (via video-conferencing), stated that he has been a resident
for forty years and supports everyone who has spoken thus far this evening. He noted that the
'raise your hand' feature was not available to him via Zoom this evening and asked for that issue
to be fixed for future meetings. He stated that in his opinion, the City does not seem to want
comments from residents and shared examples. He stated that the links included in the meeting
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information were also not working. He stated that he feels the Council should be encouraging
participation in the meetings and he finds it sad that most people do not because the Council does
not make it easy. He stated that he feels they need to be able to have discussions and he finds
it outrageous that it is not allowed. He stated that he would like to discuss `poison' regarding
buckthorn. He stated that if the City wants to put poison in the ground they will oppose that. He
stated that people in the City want their water to be pure and clean and not carcinogenic. He
noted that they want the City not to use poisons or systemic pesticides because there are
alternatives available, including simply paying higher wages.
Chris Rotunno 5525 Howards Point Road stated that he feels that many of the comments made
by Mr. Yelsey were not true. He explained that the raise the hand feature has worked and doubts
that the City would take the time to single out Mr. Yelsey and not allow him to raise his hand to
speak. He thanked the residents for taking the time to speak tonight but thinks one thing that is
often overlooked is that the City has had these plans in place for years. He stated that these
plans have involved many open meetings where people can come to voice their opinions. He
stated that many people are concerned about the look and feel of their property but he sees that
there are safety concerns on these streets and reminded people that they are City's property. He
noted that he feels these types of decisions are only being made because of the safety of the
community. He noted that they all had trees that were taken down so their own homes could be
built. He stated that he feels like the residents who have spoken tonight are taking their hatchets
out trying to go after the City for making plans to make the roads safer.
Mayor Labadie thanked the residents for taking the time to address the Council and explained
that when things are scheduled for public hearings or listed on the agenda, more robust discussion
will occur. She noted that comments during public hearings do not have a time limit.
4. REPORTS AND PRESENTATIONS
5. PARKS
A. Report by Commissioner Levy on March 14, 2023 Parks Commission Meeting
Parks Commissioner Levy gave an overview of the discussion and actions taken at the March 14,
2023 Park Commission meeting.
B. 2023 Park Commission Work Program
Park and Recreation Director Crossfield gave an overview of the 2023 Park Commission Work
Program recently approved by the Park Commission.
Mayor Labadie noted that the Park Commission holds park tours throughout the summer months
that are open to the public.
6. PLANNING
A. Report by Commissioner Holker on March 7, 2023 Planning Commission
Meeting
Planning Commissioner Holker gave an overview on the discussion and actions taken at the
March 7, 2023 Planning Commission meeting.
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Councilmember Sanschagrin stated that the meeting minutes indicate that the item that the
Planning Commission had recommended for denial would be discussed at tonight's Council
meeting, however it is not on the agenda for tonight.
Planning Director Darling explained that the applicant had made a change to the site plan which
was significant enough that it needed to go back to the Planning Commission for review prior to
being forwarded to the Council.
B. Variance to Side Yard Setback
Location: 28170 Woodside Road
Applicant: Kyle Hunt and Partners, Inc.
Planning Director Darling gave an overview of the request for a side -yard setback variance to
allow a new home to be constructed on the property located at 28170 Woodside Road. Staff and
the Planning Commission recommend approval, subject to the conditions included in the
resolution.
Councilmember Sanschagrin asked for an explanation of the actual variance request
measurements.
Planning Director Darling stated that the variance is to the combined side -yard setback on lots
that are directly abutting a lake which means the two side -yard setbacks need to have a total of
thirty feet.
Councilmember Sanschagrin asked about property located at 28180 Woodside Road and noted
that he had not seen any comments from them on the application. He asked if they had been
contacted during this process.
Planning Director Darling stated that they were notified of the request, but the City did not receive
any correspondence from them. She noted that she believed that they spoke directly to the
property owner.
Kyle Hunt, 18324 Minnetonka Boulevard, stated that they built the home for the neighbor about
twelve years ago. He stated that they had a full discussion with them at their office and walked
them through the plan details for this home and they did not have any problems with it. He
explained that Dr. Patrick Carney, the owner, and his architect are also present tonight if the
Council has any questions for them.
Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-033, "A Resolution
Approving a Side -Yard Setback Variance for Property Located at 28170 Road." Motion
passed.
C. Final Plat and Development Agreement for Maple Shores
Location; 20430 Radisson Road
Applicant: Chamberlain Capital, LLC
Planning Director Darling gave an overview of the proposal for a seven unit subdivision called
Maple Shores. She noted that the Council had previously approved a concept and development
plan as well as a preliminary plat. She noted that the majority of the changes since that time have
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been generally small and technical. She noted that the developer has asked for a clustered
mailbox which she had not included in her report and would like to add that as an acceptable use
under item 26.K of the development agreement.
Councilmember Maddy asked about the up -light in the bollards and expressed concern that this
may not meet the City's lighting ordinance standards.
Planning Director Darling stated that she can take another look to ensure it is consistent. She
stated that the Council could include a condition in the resolution that says it would need to
conform to the City ordinance requirements.
Councilmember Sanschagrin stated that there are a lot of conditions included and asked how the
City ensures that those conditions are met.
Planning Director Darling explained that with the resolution and the development agreement, she
goes through each one when the plans come in. She noted that she color codes them so she
can tell at a glance which ones are met and which ones have not been met.
Councilmember Callies asked about the utilities mentioned in the report by City Engineer Budde.
City Engineer Budde explained that the development would extend watermain across Highway
7 from the north side and when it gets to Radisson Road, it will run about three hundred feet to
the northeast which would allow residents on the opposite side of the street to connect to the
watermain at some point in the future.
Councilmember Callies asked about the possibility of tearing up the roads that was mentioned in
number eight..
City Engineer Budde explained that was intended so that if the watermain were to extend to the
west on Radisson Road that the City would not have to go dig up the street that was just built. He
stated that they want to make sure that the stubs are far enough away from the street so they are
not doing any damage to them in the future.
Councilmember Callies referenced the development agreement and asked some clarifying
questions about the content.
Councilmember Sanschagrin asked for an explanation of 'dewatering'.
Planning Director Darling stated that dewatering is essentially when you are digging down into
the ground and the groundwater is high and you have to remove the groundwater from a specific
area.
Councilmember Callies asked about site clean up and noted that she believes the City should be
more specific about how often they should be cleaning up.
Planning Director Darling stated that they could add more language but noted that typically they
require clean up at least once a day when they are hauling and mass grading, or as directed.
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Paul Cameron 3918 Wilmat Hill Minnetonka, stated that he will be a resident in this development.
He noted that typically they have the street sweeping bobcats that go out and clean up. He stated
that they have a site manager who will be there on site every day.
Councilmember Callies stated that she felt that there should be language related to the frequency
of clean up included in the agreement.
City Engineer Budde stated that there are inspections that the City conducts as the development
is happening, so staff are aware and on site every day as well.
Planning Director Darling noted that the Council could also direct staff to add another paragraph
to address Councilmember Callie's concerns.
Councilmember Callies stated that HOA documents list the common properties and include the
access to the bathing beach on Lot #11. She asked if the applicant had further communications
with the adjacent property owner, Mr. Hitler and Ms. Watts.
Mr. Cameron stated that he had coffee with Ms. Watts and has had positive discussions. He
stated that there is a collaboration attempt going on to resolve the Torrens property issues that
are present, but he does not have anything to report on those efforts and noted that there should
be nothing that is relevant to this agreement. He explained that they are looking at Lot #11 as
being analogous to a pool where the ownership of the association has nothing to do with it, but
does have the ability to control the behaviors of the seven units on that property.
Callies moved, Labadie seconded, Adopting RESOLUTION NO. 23-034, "A Resolution
Approving a Final Plat for Maple Shores for Property Located at 20430 Radisson Road and
Four Adjacent Vacant Properties", with the addition of language related to cluster
mailboxes and more specificity regarding the frequency of clean-up, as discussed.
Councilmember Maddy noted that he had looked up the information related to lighting and theirs
should be within the City standards, but cautioned that the neighbors may not like uplighting on
the bollards.
Mr. Cameron explained that they are intended to be like what you see in a resort area where
people can walk and is definitely down lighting. He noted that the light is meant to go `out' seven
feet and not `up' seven feet. He stated that the intent is for people to be able to walk from the
car to the front door of each unit with the lighting.
Motion passed.
D. 2023 Planning Commission Work Program
Planning Director Darling gave an overview of the proposed 2023 Planning Commission Work
Program.
Councilmember Callies asked if everything had been submitted to the Met Council.
Planning Director Darling explained that the Met Council had given the City a letter of
incompleteness and there are a few tweaks that need to happen with sewer agreements with
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surrounding cities that they would like to have in the text of the Comprehensive Plan. She noted
that the staff were hoping to be able to have it back to them very shortly.
7. ENGINEERING/PUBLIC WORKS
A. Approve Change Order for Strawberry Lane Reconstruction, City Project 19-05,
Adopting RESOLUTION NO. 23-031, - (moved from Consent Agenda item 2.E)
B. Approve Change Order for Birch Bluff Street and Utility Improvements, City
Project 21-01, Adopting RESOLUTION NO. 23-032, ( moved from Consent Agenda item
2.F)
City Engineer Budde stated that both of these items were looking to change the material of the
watermain pipe that was proposed. He stated that both of the projects were bid in the fall of 2022
and following more recent discussions with staff, they had discussions about the ductile iron pipe
which has some issues with corrosion which PVC does not have. He stated that in the long
term, the hope is that using PVC piping will help reduce some of the watermain breaks due to
corrosion. He stated that using PVC results in cost savings of about $38,000 for Strawberry Lane
and also result in costs savings for the Birch Bluff project. He noted that Public Works has
indicated that they prefer working with PVC when given the option because it does not require
additional equipment to move the pipe around.
Councilmember Sanschagrin asked if there were any cons associated with using PVC piping.
City Engineer Budde stated that they have not found many, but noted that they are not as robust
as ductile iron piping, so if they are laying around on the site and got hit by a piece of equipment,
it could break more easily. He stated that there are a lot of pros to making this change in material
and not very many cons.
Councilmember Sanschagrin asked if staff had done research with other cities who have used
the PVC material.
City Engineer Budde explained that a lot of cities prefer PVC and do not want to deal with ductile
iron pipes because it is heavy and has issues with corrosion.
Councilmember Sanschagrin asked if staff thought there may be other opportunities for cost
savings for these two projects.
City Engineer Budde stated that this is a unique one that it does not really change the quality of
anything that they are doing. He stated that there would obviously be cost savings if the City
were willing to reduce the quality.
Sanschagrin moved, Maddy seconded, Adopting RESOLUTION NO. 23-031, "A Resolution
to Approve Change Order No. 1 for Strawberry Lane; City Project 19-05." Motion passed.
Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-032, "A Resolution to
Approve Change Order No. 1 for Birch Bluff Road; City Project 21-01." Motion passed.
8. GENERAL/NEW BUSINESS
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9. STAFF AND COUNCIL REPORTS
A. Staff
Parks and Recreation Director Crossfield noted that the Pot of Gold event had concluded and had
over sixty participants. She stated that they went to more than one park so this was a good event
to encourage people to get out and explore the City's parks. She explained that the residents will
soon have a new health and wellness amenity in the area with Minnetonka purchasing The Marsh,
and explained that they have opened up membership to non-residents. She stated that this
means residents can have memberships at The Marsh, Williston, or both, beginning in May. She
stated that she will be sharing some information on this amenity on the City's website and social
media accounts.
Mayor Labadie asked about the event that was held at the Minnetonka High School that City staff
had attended.
Public Works Director Morreim stated that they are waiting for the snow to melt so they can get
going on sweeping. He noted that they had started pot hole patching with hot mix last week.
Councilmember Callies mentioned Vine Hill Road and noted that there is a big hole that somebody
has to fill about every other day.
Public Works Director Morreim explained that is the responsibility of the City of Minnetonka
because it is due to a watermain break, so they have not had a chance to permanently restore
that area. He stated that when the City receives calls about it they let them know and the City of
Minnetonka has been fairly responsive and agreed that it is not a great spot for road conditions.
He stated that half of the road is the City's and half belongs to the City of Minnetonka, so they
each patch the portion that is theirs.
City Engineer Budde stated that he can share a few thoughts related to the comments made
during Matters from the Floor. He stated that when it relates to Eureka Road and the larger
projects that the City does where they are intending to come in and make major repairs to the
street so they do not have to come back to it for generations. He explained that they look at these
as forty or fifty year fixes, which to him means it is a bit short-sighted to just go fix the pavement.
He stated that if the thought is that they do not want to go back to the area for forty or fifty years,
it is his due diligence to at least take a step back and look at some of the planning documents
that have been in place, such as the 2011 Trail Plan that does identify a sidewalk or trail going up
Eureka to Birch Bluff. He stated that he understands the concerns raised by the residents in the
area, but he still believes it is in the City's best interest to go through the process and engage the
residents on whether or not the City should put in a sidewalk with this project. He stated that curb
and gutter had been discussed, but he was not sure things had really even gotten to that point
yet. He noted that they have not really started doing any of the public engagement yet for this
project but were hoping to have information available on the City website sometime in April and
noted that there will be public meetings on this project. He noted that when residents contact him
he has been encouraging them to reach out to the City Council because they are the ones who
need to hear their voices and opinions.
Mayor Labadie asked if the public engagement would include an open house or town hall.
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City Engineer Budde stated that it would include at least one of that type of meeting and noted
that there would also be the opportunity for some on-line engagement so people can provide
comments.
Councilmember Callies stated that these are just proposed plans and the City needs to budget
ahead and investigate the possibilities. She stated that she feels this is all part of appropriate
planning on the part of the City.
Mayor Labadie noted that she felt it was important to point out that the only thing that has been
approved or had voted on was the scoping study. She stated that no decisions have been made
beyond that initial step.
1. Mill Street Trail Update
Planning Director Darling gave an update on the Mill Street Trail design and reviewed the
feasibility study conducted in 2013. She explained that Hennepin County had contacted the City
in 2017/2018 to inform the City that Excelsior was also looking at a feasibility study for the same
project and wanted to take both studies through the public process. She stated that was begun
in 2018, but noted that the project was slowed down a bit because of COVID-19. She noted that
they started working on this project once again about a year ago as a joint effort involving
Hennepin County, Carver County, Excelsior, Chanhassen, and Shorewood. She explained that
they are looking at two possible alternatives and noted that these had been shared with the Park
Commission at their last meeting. She stated that these options should be shared with the
residents at a few different events in April. She stated that they are looking at scoping the addition
of a watermain along Mill Avenue because the City has had quite a few requests for water service
in that area. She briefly described each trail option as well as the possible advantages and
disadvantages with each design.
Planning Director Darling gave a brief synopsis of the variance request that was previously
approved on Yellowstone. She stated that previously, the City had received a request to
subdivide one property into two properties which had been platted as two lots in about 1956. She
stated that a developer was proposing to split the parcel into two lots along the same property
lines, but when staff was reviewing the application, staff had noticed that the easterly lot was
between three and four inches short of ordinance requirements. She stated that they proposed
that the applicant move the lot line or request a variance in order to keep the previous legal
description. She noted that the applicant applied for a variance that went through the Planning
Commission and noted that notices were sent to the neighborhood.
City Administrator Nevinski stated that staff was recently at the Minnetonka High School for the
Volunteer and Job Fair. He stated that he feels that participating in this event was a great success
and they received a lot of interest.
B. Mayor and City Council
Councilmember Sanschagrin attended the Park Commission meeting and the LMCC Summit
meeting. He expressed his appreciation for all the residents who came and spoke at tonight's
meeting. He stated that he thinks the City may need to take a look at Eureka overall and
reconsider that portion of the CIP.
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Councilmember Callies stated that the scoping document is looking at what all of the options may
be. She asked if Councilmember Sanschagrin was saying that the City could save a certain
amount of money by eliminating the sidewalk now.
Councilmember Sanschagrin stated that he has received phone calls from residents and, like they
shared, they just want the road repaved.
Mayor Labadie stated that may not be the opinion of all of the residents so putting it into an open
town hall or open house format after the City has gotten the opinion of the professionals is the
correct way for the City to make the most educated decision. She stated that she feels this is a
generational decision that needs to be made with courage and not emotion.
Councilmember Maddy stated that he attended the Excelsior Fire District working session meeting
where they worked on budget issues.
Councilmember Callies asked about the way the Council was handling response to public
comments. She explained that it feels a bit funny to her that people raise concerns and now at
the end of the meeting, staff responds, after those individuals have already gone home. She
stated that she understands that the Council cannot get into a back and forth conversation or
debate during public comment, but this seems odd to her that staff is responding to the questions
that were raised at the end of the meeting, but the people who asked them were not present. She
stated that she would like the Council to find another way to handle this.
Mayor Labadie explained that she felt the reasoning behind it was that doing it at the end of the
meeting would allow staff to give a succinct response in a situation where there are ten residents
who had the same question. She stated that she agreed that the Council should discuss
procedure moving forward and noted that there are quite a few brand-new staff members as well
as new Councilmembers. She stated that she believes that there had been a suggestion that
things like this be placed on a work session for deeper discussion.
City Administrator Nevinski stated that this is a topic that is already scheduled for an upcoming
work session.
Councilmember Callies stated that she does not want staff or the Council to be put on the spot in
those situations when they do not know what people will be bringing up, but reiterated that
something just did not feel right about the way it was currently being handled.
Mayor Labadie stated that she was contacted last week by Representative Lucy Rehm to testify
in front of the House Transportation/Finance Committee regarding HF2361. She stated that she
believes the City needed to continue working with the State leaders in order to get the safety
concerns surrounding Highway 7 addressed. She noted that she can share a link to her testimony
with anyone interested.
10. ADJOURN
Sanschagrin moved, Callies seconded, Adjourning the City Council Regular Meeting of
March 27, 2023, at 8:55 P.M.
Motion passed.
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ATTEST: �14 _—
s--I '-Sjonifet Labadie, Mayor
Sandie'Thone, City Clerk