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06-12-23 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 12, 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 7:03 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; Park and Recreation Director Crossfield; Director of Public Works Morreim; and, City Engineer Budde Absent: None C. Review Agenda Maddy moved, Callies seconded, approving the agenda as presented. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Sanschagrin asked for a clarification on item C., regarding an item on the Verified Claims List. He referenced the listed expenses for herbicide in an amount of $1,375.00 and asked what those were for. Public Works Director Morreim explained that those charges are for the contractor, Greener Blade and the applications were done at the City's direction under the guidance of the IPM. He stated that he has printed off the information and can find a way to distribute the details to the Council about those items, if they are interested. Councilmember Maddy asked about item 2.E., regarding the Juneteenth holiday. He stated that it states that the cost to the City is about $10,000 and asked for clarification on whether this was a budget increase or if it just reflected the cost of the services that the City will not be providing that day. City Administrator Nevinski confirmed that this understanding was correct and this amount reflects an unbudgeted daily cost for this holiday that the City has to account for. He clarified that it is a budget neutral item, but needed to be documented. Councilmember Callies asked about item 2.F., related to the kitchen rental rates. She asked for clarification of a `home based kitchen'. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 2 of 9 Park and Recreation Director Crossfield explained that when a food manager is getting their license to prepare foods, they have a health inspector come out and inspect the kitchen where they will be preparing food, which is what is considered their `home based kitchen'. Sanschagrin moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of May 22, 2023 B. City Council Regular Meeting Minutes of May 22, 2023 C. Approval of the Verified Claims List D. Approve Part -Time Administrative Assistant New Hire E. Approve Addition of Juneteenth Holiday to City Calendar, Adopting RESOLUTION NO. 23-056, "A Resolution Establishing Juneteenth as a City Holiday." F. Approve Shorewood Community and Event Center Kitchen Rental Rates, Adopting RESOLUTION NO. 23-057, " A Resolution to Update the 2023 City Master Fee Schedule Pertaining to Kitchen Rental Feel at the Shorewood Community and Event Center." G. Approve Extension for Development Approvals — Location: Excelsior Wood (20325 Excelsior Boulevard) for Red Granite Construction, Adopting RESOLUTION NO. 23-058, " A Resolution Approving an Extension to the Final Plat Approval for Excelsior Woods for Property at 20325 Excelsior Boulevard." H. Approve Seasonal Public Works Hire I. Accept Resignation of PT Community Center Attendant and Authorize Recruitment J. Approve PT Community Center Attendant K. Authorize Execution of Hennepin County Regional Railroad Authority Permit L. Approve Drainage and Utility Easement Agreement, City Project 21-01, Adopting RESOLUTION NO. 23-059, `A Resolution Approving Birch Bluff Improvement Project Easements, City Project 21-01" M. Approve a Special Assessment for 25530 Birch Bluff Road, Adopting RESOLUTION NO. 23-61, "A Resolution Approving and Adopting a Special Assessment." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 3of9 3. MATTERS FROM THE FLOOR Anna Quade 23675 Smithtown Road asked about the 2040 Comprehensive Plan that was approved by the City last year and the process to adjust the plan. Planning Director Darling stated that if the change is for a piece of property that a party has a controlling interest in, they can make an application to make a change to the Comprehensive Plan. She noted that she is available to discuss this in greater detail if residents would like to contact her and make and appointment. Chris Chazlin, 25630 Maple View Court, noted that he had lived in Shorewood for seventeen years and congratulated the Council to continuing to hold Matters from the Floor as part of their meetings. He stated that he had signed the petition relating to the Eureka Road project and noted that they are still awaiting a response to their request for no scoping study because of the expense and the need for repairs. He stated that the condition of the road has gotten worse since the Birch Bluff project has begun. He stated that there is a desire from the public for some type of open forum meeting, similar to what was done for that project last year in order to give the public a chance to come forward and express their opinion on the project. City Engineer Budde stated that since they received the petition, the City has paused their efforts in scoping the project and noted that he has been focusing on the Birch Bluff and Strawberry Lane projects. He stated that they plan to start pushing out the on-line engagement with the public in early July and plan to hold an open house sometime in early August. Rick Stromberg, 5510 Wedgewood Avenue, stated that he has walked his dogs for almost thirty years on the light rail trail down to Freeman Park and around the woods at least once a day. He stated that he has seen the woods deteriorate with the buckthorn problem. He stated that the Council does not seem to care very much about controlling the buckthorn even though it is considered a non-native invasive species. He stated that he had sent pictures to the Council last fall that showed that there was not any new growth of native trees. He stated that as the trees die out, nothing will be there except for buckthorn. He stated that with relation to the Smithtown Ponds project, there is a lot of new dirt over there and some trees have been planted, but noted that some of them are already dying. He asked if the City had a plan in place to keep the buckthorn from migrating to that area from Freeman Park. Mayor Labadie explained that the City had halted its buckthorn mitigation efforts while they were getting professional opinions and researching the Integrated Pest Management. She noted that the City has received a grant relating to buckthorn management in Freeman Park. Planning Director Darling stated that staff met earlier today to discuss how the City can move forward with the buckthorn removal grant. She stated that the grant is from the DNR for Buckthorn eradication and noted that some of the work included using daubing of chemicals on the cut buckthorn. She explained that the project was put on hold while they were studying the Integrated Pest Management (IPM) plan and noted that the Council has given staff the authorization to move forward because the chemicals used for daubing are consistent with the IPM plan. She stated that Public Works director Morreim will begin working with contractors to get estimates so the City can move forward with this project and not lose the grant funds. Alan Yelsey, 26335 Peach Circle, offered criticism related to his feeling that it is disrespectful for Mayor Labadie and Councilmember Maddy to publicly disrespect and diminish the value of citizen CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 4 of 9 input in comments that have been recorded at past meetings. He expressed frustration that residents are only given three minutes to make their statements and are not allowed to have a discussion about their items. He stated that he felt this was a very anti -democratic approach to running a government. He stated that regarding safety, when the Smithtown Ponds project was proposed, neighbors asked the City to make sure that they were not going to be in hazard due to mosquitos and the ponds are sitting, filled with water and no mitigation or protection has taken place. He stated that he feels this is a very poor practice and is dangerous to the residents and asked the City to remedy that situation immediately. He stated that there is also a pile of about fifteen to twenty feet of sand sifting on Strawberry Lane. He shared a story of a time when he was in elementary school where a friend of his died from playing in a similar pile of sand. He urged the City to take some safety precautions for both of these issues. He stated that the City is also attempting to charge him two -thousand dollars to gain access to data from the City that is available in electronic form which he also feels is undemocratic. He expressed frustration with the City's decision to go into bonding debt without the public realizing the extent of the debt. He stated that he feels the City is being run by an engineering firm that profits from every project that is undertaken and has also received a large amount of money for just planning. Mayor Labadie reviewed the concerns raised by Mr. Yelsey and asked if staff could respond to those concerns at the next Council meeting. City Administrator Nevinski stated that staff can prepare reports in response to the concerns that had been raised. Mr. Stromberg stated that he has seen mosquito control active in the area mentioned by Mr. Yelsey. Mayor Labadie asked staff to address that item at the next meeting. Christine Sanschagrin, 27725 Island View Road, stated that if there is a safety issue with a pile of sand, she feels it would be important to address it immediately and not wait until the next Council meeting. She stated that especially because it is now summer and children are out of school. She urged the Council to address that issue immediately and not wait for their next meeting. Mayor Labadie clarified that staff will be giving the Council a summary at the next Council meeting. She explained that she had faith that City staff was taking adequate safety precautions in the immediate future. City Engineer Budde stated that he will contact the contractor in the morning to discuss ways to mitigate any potential safety issues. He stated that he also plans to go take a look at the area to confirm that it is a safety issue. 4. REPORTS AND PRESENTATIONS A. Fall/Winter 2022-2023 Photo Contest Winners City Clerk/HR Director Thone gave an overview of the Fall/Winter 2022-2023 Photo Contest Winners: Fall Delights: Christine Hall, Fall Submissions CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 5 of 9 Winter Wonder: Carrie Massine, Stunning Winter Snow on Sweetwater People and Pets: Molly Bragg, Paddle Boarding Wildlife: John Felix Makey, Stoic Green Heron City Clerk/HR Director Thone encouraged residents to submit their photos for the upcoming Spring/Summer Photo Contests. B. Excelsior Chamber of Commerce — Excelsior Fireworks City Administrator Nevinski noted that typically, the city participates with the Excelsior Chamber of Commerce to help provide fireworks in the area and noted that the City's budget usually includes about $7,500 for this event. Tiffany King, Executive Director, Excelsior/Lake Minnetonka Chamber of Commerce, gave an overview of the Chamber as a 501(c) 6 non-profit organization. She reviewed the history of past Fourth of July events, logistics of deploying fireworks, and budget and funding details. She stated that they have appreciated the continued public partnership with the area municipalities Mayor Labadie expressed her appreciation for the data and information presented by Ms. King and noted that the Council had frequently asked for this information in the past. City Administrator Nevinski stated that the City had already budgeted $7,500 for 2023 for support of this event. Mayor Labadie suggested that in the future, it may make more sense for this presentation to be made in the fall when the Council is working on their budget for the following year. Callies moved, Maddy seconded, to Approve the budgeted $7,500 for the Excelsior Chamber of Commerce event for the Fourth of July, as planned. All in favor, motion passed. City Administrator Nevinski stated that in the future they will plan for this presentation and decision to happen in closer conjunction with the actual budget cycle and adoption. Ms. King noted that she has volunteer opportunities available for the Fourth of July events next month and encouraged people to contact her if they were interested in assisting. 5. PARKS 6. PLANNING 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Appointment to Minnetonka Community Education Advisory Council City Administrator Nevinski noted that the Council Work Session held earlier this evening, Mr. Tad Shaw interviewed to fill the remaining term for this open position. He explained that the seat is open and will expire January 31, 2024. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 6 of 9 Mayor Labadie clarified that this position is an `advisory' position and not a voting position and noted that Mr. Shaw has served in this position for many years. She stated that she would like to request that whoever the City appoints in this position provide an update to the Council in November, so they have that information prior to appointing for the next calendar year. Councilmember Callies stated that she would like to hear more about what the Minnetonka Community Education Advisory Council does and noted that it may be possible that the City needs to do more to promote this position in the future. She stated that she does not think the Council has a great understanding about what this position does so it is hard to ask for people to join as a representative. Sanschagrin moved, Maddy seconded, Adopting RESOLUTION NO.23-060, "A Resolution Making an Appointment to the Minnetonka Community Education Advisory Council." All in favor, motion passed. B. Approve Comparable Cities for Compensation Study City Administrator Nevinski reminded the Council that at their last meeting they had approved a contract with David Drown Associates to complete a compensation study for the City. He explained that one of the ways that the Council is able to weigh in and help set some direction with the study is to approve a list of comparable cities for inclusion in the compensation study. He reviewed the suggested inclusion of a `spotlight' community as a point of reference and noted that staff felt that Minnetonka would be a good `spotlight' city. Mayor Labadie asked if the price of the contract would change based on the number of cities that are analyzed. City Administrator Nevinski stated that would not change the price of the contract with David Drown Associates. Councilmember Callies stated that she feels the proposed list may be too large unless the consultant felt this was an appropriate number of cities. Councilmember Sanschagrin noted that it struck him that some of these cities are more comparable than others. He suggested that cities like Mound, Minnetrista, Orono, Victoria, and Spring Lake Park may be more comparable to Shorewood. He stated that perhaps they could keep the overall list, but also have data that shows the comparisons with cities who may be more comparable than the others. City Administrator Nevinski stated that he thinks that is good feedback for the consultant. He explained that his understanding is that the more data they have to analyze the better the outcome will be. Councilmember Callies asked if David Drown Associates would present to the Council data from 25 cities and noted that she feels that information may be overwhelming unless they can adequately summarize the data. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 7 of 9 City Administrator Nevinski noted that even if David Drown Associates includes 25 cities in their analysis, he did not believe that they would turn around and give 25 data sets to the Council for review. Mayor Labadie stated that she feels that it would make sense for Chanhassen to be the `spotlight' city. Councilmember Callies stated that Chanhassen still has a lot of area that can be developed and Minnetonka is more established, which is more similar to Shorewood. She asked Planning Director Darling if she had an opinion on which city would be best as a `spotlight' city. Planning Director Darling agreed that Minnetonka is pretty much fully developed and dependent on redevelopment, which is where Shorewood will be within the next few years. Councilmember Sanschagrin reiterated that he would like to see the compensation study include the larger 25 city group, but that a closer look them be taken with a smaller subset of cities that are more similar to Shorewood. The Council discussed potential spotlight communities. City Administrator Nevinski reminded the Council that the spotlight city would not be included in the data analysis which means it would not impact the pool of data and was just a point of reference with a city that Shorewood sort of competes with. Councilmember Maddy asked why staff had recommended choosing Minnetonka as the spotlight city. City Administrator Nevinski stated that he believes the recommendation came down to the development patterns. Mayor Labadie asked Public Works Director Morreim to weigh in on what city he thinks may be more comparable as a spotlight city. Public Works Director Morreim stated that based on the conversation relating to prospective positions, he thinks they would be transferable to any of the proposed spotlight cities. He noted that members of his staff have come from places like Chanhassen or Mound. He stated that in his opinion the skills are transferrable and they just need to be scaled up or down depending on the size of the cities. He stated that, in his opinion, any of the four suggested spotlight cities would be a good fit. Councilmember Sanschagrin stated that he would remove Eden Prairie because it is so large and Hopkins because it is so urban. He stated that would leave either Minnetonka or Chanhassen and he feels he would be fine supporting either of those cities as the spotlight city. Sanschagrin moved, Maddy seconded, to Approve the Attached List of Comparable Cities and the Spotlight City of Minnetonka to be used to complete the 2023 Compensation Study." All in favor, motion passed. 9. STAFF AND COUNCIL REPORTS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 8 of 9 A. Staff Park and Recreation Director Crossfield reminded the Council that the Silverwood Park Grand Opening celebration would take place on June 20, 2023 at 5:00 p.m. She noted that they are still open to last minute registrations for the Tai Chi in the Parks events coming up. She stated that the second Park tour will be held June 13, 2023 and will begin at Badger Park at 6:00 p.m. She noted that they will also be touring Manor Park, South Shore Park, and the Christmas Lake Boat Launch. Public Works Director Morreim stated that there will be two summer seasonal staff members who will begin work this week. He stated that they finished flushing watermains on June 7, 2023. He stated that they are working on studying the iron content in the water and noted that he would provide a more robust update to the Council in July when he has more information. He stated that there were a lot of activities in Freeman Park this last weekend between soccer and baseball as well as work being done on Strawberry which is adjacent to the park. He stated that they had worked with the Police Department to recommend that people not utilize Eureka and Highway 7 and explained that they encouraged this because they really did not want to close anything down. He noted that overall he think things went pretty well but there were a few hiccups with things like bathroom maintenance and some parking on Eureka. Mayor Labadie stated that she had received a notice from Tonka United who said they just finished help reorganize the fields for the splash tourney and their `field guy', Eli, was very impressed with the mowing job. She noted that they had asked that this compliment be passed onto the Public Works crew. City Engineer Budde gave an update on the Birch Bluff project and noted that the Army Corps of Engineers has jurisdiction but are not requiring any archeological investigations as part of the project so he is hopeful that they will have the permit in hand sometime this week. He stated that the Smithtown Pond project is coming together nicely and the contractor should be paving the trail within the next week and the site should be mostly wrapped up within the next two weeks. Planning Director Darling reported that the City received the 2022 Population estimates as of April 1, 2022 which show that the City has 7,779 people, which is a drop of forty-eight people from 2021. She stated that she has been working with the Met Council because she believes that they have under counted some of the units for places like Shorewood Landings and the Minnetonka Country Club. She noted that she did not think they would be willing to adjust the numbers very much and explained that if this number is revised, she will report that information to the Council. City Attorney Shepherd updated the Council on the Strawberry Lane condemnation and noted that the City has secured title and possession of the property so the project can move forward. He stated that commissioners have been selected to review and determine the amount of the award which will be forthcoming most likely in the fall. He stated that the May 26, 2023 City Council meeting, Councilmember Sanschagrin had expressed a desire to abstain from voting on a matter. He stated that Councilmember Sanschagrin admittedly did not have a conflict and the instruction and advice he gave him at the time was to go ahead and vote. He stated that Councilmember Sanschagrin has pointed out that under Roberts Rules of Order he had a right to abstain for any reason, not just because of a conflict. He stated that he wanted to apologize for making that error and noted that abstention, when there is not a conflict of interest is, in essence, a 'no' vote. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2023 Page 9 of 9 City Administrator Nevinski stated that there was discussion at the last meeting about the South Lake Minnetonka Police Department Joint Powers Agreement (JPA). He stated that the working group met last week to discuss some minor points within the JPA as well as the term of the agreement. He noted that he believes that they have agreed on a twenty year period of the JPA with an auto -renewal for another twenty years. He reviewed some of the other items discussed by the working group related to look -backs and arbitration. City Administrator Nevinski noted that there will be a budget workshop meeting for the South Lake Minnetonka Police Department next week and a draft of the JPA will also be shared at that time. B. Mayor and City Council Councilmember Sanschagrin expressed his appreciation to City Attorney Shepherd for clarifying his recent guidance and noted that he accepted his apology. Councilmember Callies stated that she went to the Public Works Facility for Public Works Week. She stated that it was nice to see things spruced up a bit, but noted that she feels they could use a more comfortable break room. 10. ADJOURN Sanschagrin moved, Maddy seconded, Adjourning the City Council Regular Meeting of June 12, 2023, at 8:22 P.M. All in favor, motion passed. ATTEST: lit m Je i er abadie, Mayor t aL� Sandie Thone, City Clerk