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08-14-23 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 14, 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 7:01 P.M. A. Pledge of Allegiance B. Roll Call Present: Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield; and, City Engineer Budde Absent: None 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 Sanschagrin stated that he had a quick question about item 2G. and asked if the scope of it would be for the entire City. City Engineer Budde explained that the scope was for a select number of streets and noted that a map was included in the packet. He stated that, in general, it would be for streets who have pavement that is about two to five years old. Councilmember Sanschagrin stated that this appears to be more environmentally friendly than what the City had done in the past. City Engineer Budde stated that was correct and noted that the product is made mostly of soybean oil. Zerby moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of July 24, 2023 B. City Council Regular Meeting Minutes of July 24, 2023 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 2 of 11 C. Approval of the Verified Claims List D. Approve Permanent Appointment of Communications Coordinator E. Approve Amended South Lake Minnetonka Police Department 2024 Budget Adopting RESOLUTION NO. 23-074, "A Resolution Approving the Amended 2024 Annual Operating Budget of the South Lake Minnetonka Police Department." F. Accept Improvements for 2022 Catch Basin and Culvert Repairs, City Project 22-04, Adopting RESOLUTION NO. 23-075, "A Resolution for Final Acceptance for the 2022 Catch Basin and Culvert Repair; City Project 22- 04." G. Award 2023 Pavement Seal Quote, City Project 23-04, Adopting RESOLUTION NO. 23-076, "A Resolution Approving 2023 Pavement Seal Quotes, City Project 23-04" H. Authorize Inflow and Infiltration Grant Program Agreement with Metropolitan Council Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS A. Legislative Update by Representative Andrew Myers Representative Myers shared a legislative update on discussions and actions taken during the recent legislative session. He highlighted the items that he felt would impact things on the City's level including: funding for Public Safety; lead line abatement funding; transportation funding for the City; bonding requests; paid family leave; climate action plan; and recreational cannabis. He reminded the Council that he is a resource and if there are bigger issues going on that the City needs his help with. Councilmember Callies stated that one of the costs that they have seen a lot of increases in is for publication costs for planning. She stated that the thought amongst the Council was that legislation should be changed so that it does not require newspaper publishing because very few people read newspapers anymore and that there should be an alternate legal way of publishing this information. Mayor Labadie noted that the local newspaper, The Sun Sailor, no longer covers Shorewood. She explained that the cost that the City incurs when they are required to publish in the newspaper does not even apply to their residents anymore. Councilmember Sanschagrin asked what Representative Myers top focus items would be in the next legislative session. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 3 of 11 Representative Myers stated that for him, education is always a top priority, environment, and affordable housing. Councilmember Zerby noted that he was glad to hear him mention the topic of affordability because one of his concerns lately has been related to transportation. He noted that during the pandemic the City basically lost all bus service out to the area. He stated that he would like to see a focus on affordable and convenient transportation for the work force in the area. Mayor Labadie thanked Representative Myers for his report and service to the community B. Recycling Advisory Committee Report Communications/Recycling Coordinator Wilson introduced Roger Andre, Executive Director of Vantage and Joe Schneider, a member of the Recycling Committee. Joe Schneider, 21125 Christmas Lane, stated that the last time he spoke to the Council was in December 9, 2019. He explained that he has been involved with the Recycling Committee since it began in 2019 and gave an overview of the intent of the formation of the committee and noted that some of the members were Hennepin County Master Recycler/Composters. He stated that they had to learn and adjust after the door was shut on China taking plastics. He stated that recycling can be hard because the `rules' differ by city or area. He stated that they have had some fun programs such as 'No Can Left Behind' and a focus on kids leading the way for their families. He explained that when COVID hit, things ground to a halt a bit, but they are ready to wind things back up especially now that Communications and Recycling Coordinator Wilson is in place. He stated that the Recycling Committee has been reconstituted and has good people with great knowledge and are starting to move forward with some of their great ideas. Communications/Recycling Coordinator Wilson reminded the Council that in the City recycling is currently picked up every two weeks and there are also have three organic drop-off locations available throughout the area. He noted that about ninety six percent of residents are participating in recycling and explained that the national average is just thirty-two percent. Mr. Schneider gave an overview of the Recycling at Christmas Lake program for single bottles. He stated that they have worked with the Public Works Department who have agreed to handle the material as recyclables. Communications and Recycling Coordinator Wilson explained that in the past they have conducted recycling cart audits and sorted through their materials, with permission, to give feedback on what is `good' recycling and where they could improve. He stated that they are offering this audit service again in various neighborhoods and explained that they currently have about twenty-six households who have signed up for this audit. He stated for the organics program they currently have one -hundred six participants, and the Committee has made a goal to increase that by twenty percent. Roger Andre, Vantage Program Minnetonka High School, explained that they are working on a program with the City as part of their project -based learning. He stated that their teams of students go out and identify real problems and have created a chart for influencing behavior when it comes to matters of recycling. He noted that many times young people have a great perspective on old problems and can oftentimes come up with insightful ways to make progress. He reviewed some of the components of their program and things the students work on. He encouraged people CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 4 of 11 to go to the school's website and click on Vantage to sign up to become part of a team and someone would reach out to them. Councilmember Sanschagrin asked whether managing invasive species would be something that would be an interesting topic for their program. Mr. Andre stated that all the students take academic curriculum while they participate in this program with classes like AP Environmental Science and Economics. He stated that they would probably enjoy working on something like this if it was `real' and actually helpful in solving a problem. He stated that many times what the teams come up with very helpful and usually they look at things from a unique perspective and shared examples where they ended up contacted experts in the Netherlands that ended up helping Excel Energy. 5. PARKS A. Accept Girl Scouts Compost Bin and Sign Donation Park and Recreation Director Crossfield introduced members of Girl Scout Troop #18018 that have been working over the last few months to donate a compost bin and sign to the community garden space. She stated that they have also been working on community engagement to raise awareness of composting. Charlotte and Layla, Girl Scout Troop #18018, stated that they were working on their Silver Award Project which is a project in which girls like them find a way to benefit their community in an ongoing manner. She stated that the next award is the Gold Award which is the equivalent to the Boy Scout Eagle Scout award. They explained that they would like to place a compost bin in Southshore Park to help minimize the amount of organic waste from the gardeners which will also make the job for Public Works much easier. They gave a brief presentation on what is involved I the composting process and its advantages and explained that this bin can hold up to sixty-five gallons of compost material. She stated that they plan to pay for all the materials that will be needed for this project, including the sign which will have instructions on how to use the compost bin. Councilmember Sanschagrin asked how they had selected this particular project. Charlotte and Layla answered that they like nature and gardening and felt there was a need at the community garden for them to be able to compost their organic materials. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-077, "A Resolution Accepting Donation to the City of Shorewood 2023." Motion passed. B. Accept Bids and Award Contract for Freeman Park Trail Improvements, City Project 22-05 City Engineer Budde noted that on May 8, 2023, the Council had approved the final plans and specifications for the Freeman Park Trail Improvements project. He stated that bids were opened on July 12, 2023, and they found that were higher than the engineering estimate. He noted that there were six total bids received with the low bidder being Sunram Construction, however that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 5 of 11 was about twelve percent above the engineering estimate. He stated that if approved the contractor has indicated that they would start work shortly after Labor Day. He noted that the project was bid with an alternate and outlined the cost for inclusion of this portion of the trail and explained that staff is not recommending paving it at this time. He explained that the City had budgeted $400,000 in the CIP for this project with plans to move about $200,000 from the reserve funds. He noted that it would also use a portion of the Miscellaneous Drainage Capital and funds from Three Rivers Park District. He explained that total project cost and explained that the City's share of the cost. He stated that staff were recommending approval of awarding the contract to Sunram Construction. He explained that they had not taken this step at the last Council meeting because staff wanted to find out the true direction that the Council wanted to go, for example, using reserve funds or cutting the scope of the project. Councilmember Callies stated that she had voted against approval of the total project at the last meeting because of the use of the reserve funds and following today's earlier budget discussion, it has confirmed her view on that. She stated that she had already commented on why she thinks the City should wait to do the rest of the project. Councilmember Zerby asked for details of Alternate A and asked if it would basically connect the sidewalk on Smithtown to the trail. City Engineer Budde stated that was not correct and explained that within Freeman Park, there is a trail segment north of the ballfields that go through a small, wooded area between two wetlands, which was Alternate A, and the thought was that this could serve as essentially a gravel trail. Councilmember Maddy asked where the supplemental drainage pipe will outlet and noted that the price seems like a deal. City Engineer Budde stated that they were not anticipating that portion of the cost to be that low. He explained that on the very north end of the park, the same wetlands have resulted in complaints from residents that the wetland is no longer draining and has caused flooding. He stated that they investigated, and it was relying on old farm drain tile that have deteriorated over time. He noted that a ten inch outlet that was stubbed in to the north with a nearby development but was not formally connected. Zerby moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-078, "A Resolution to Accept Bids and Award Contract for the Freeman Park Trail Improvements Project; City Project 22-05." Motion passed. C. Approve Cooperative Agreement for Freeman Park Trail Improvements, City Project 22-05 City Engineer Budde explained that this item is the Cooperative Agreement for the Freeman Park Trail Improvements that were just discussed. Sanschagrin moved, Labadie seconded, Adopting RESOLUTION NO. 23-079, "A Resolution Approving Agreement with Three Rivers Park District for the Freeman Park Trail Improvements Project; City Project 22-05." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 6 of 11 Motion passed. Councilmember Zerby expressed appreciation to the Three Rivers Park District for partnering with the City on this project. 6. PLANNING 7. ENGINEERING/PUBLIC WORKS A. Severe Drought Warning and Water Conservation Efforts Public Works Director Morreim gave an overview of the severe drought warning that has come from the DNR. He noted that despite getting some rain over the last five days, from mid -May to the end of June was the driest time period on record. He stated that per the letter received from the DNR, public water suppliers are to implement water use reduction actions with the goal of reducing water use to fifty percent above January levels. He explained that the average daily water usage in January 2023 was 235,400 gallons per day so the goal water usage would be 353,100, however, the average daily water usage in July 2023 was 1.1 million gallons per day. He stated that there is a current ordinance the limits the hours of lawn and garden irrigation that are on the City's water system and explained that following receipt of the DNR letter, the City immediately reduced the irrigation on City -owned properties. He stated that staff is looking to put forward some potential water reduction actions but clarified that this request does not apply to private well owners. He reviewed the proposed strategies including various communication methods, further irrigation restrictions, inspections, and education. Councilmember Sanschagrin asked if Public Works Director Morriem had any expectation on how effective these measures would be to get the City to lower water usage. Public Works Director Morriem stated that, for example, with the odd/even approach, he would guess the City could probably reduce use by about twenty-five to thirty percent. Councilmember Callies asked if the idea was for this resolution to be in effect for a limited amount of time, for example, the rest of 2023. Public Works Director Morriem stated that he would recommend it be done through the severe drought time period and that the City revisit the odd/even restriction before next year. Councilmember Callies stated that restricting watering to every other day seems minimal to her. Public Works Director Morriem stated that the City has a fair number of properties that water every single day, so this restriction would definitely decrease the City's water usage, but would not cause a significant change in the look of their turf or landscaping. Councilmember Callies asked how the City would monitor this and noted that some people have drip systems that are not sprinklers. Public Works Director Morriem stated that he was not sure how they would handle a drip system and noted that with certain properties that City would have the ability to do a meter reading and if they do not see a reduction the City will need to communicate with them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 7 of 11 Councilmember Maddy stated that one water reduction that was not listed in the report was pricing of water. He asked if the City would be paying for this if they are successful in getting people to have a reduction in water use because it will also reduce the City's revenue. He asked why the City did not just raise the price of water to incentivize people not to waste it. Public Works Director Morreim stated that the City will lose revenue which is unfortunate, but is a necessary part of this order. He stated that there is a possibility of raising rates, but the thought was that would be a longer term item for discussion. Mayor Labadie stated that she is hopeful that if the City communicates the severe drought warnings that it will not need to result in citations. She stated that she hopes that the people will simply heed the suggestions to reduce water consumption. She stated that she likes the idea of the 8:00 a.m. to 8:00 p.m. restriction as well as the odd/even restriction. Councilmember Zerby noted that it gets dark by 8:30 p.m. so that may be difficult for some people. Councilmember Callies stated that she feels like there should be dates included in the resolution. She stated that by the time the City gets around to letting people know what they should be doing, summer will be over. Public Works Director Morriem noted that communication efforts would happen this week. He noted that generally, the water restrictions go off on September 30, 2023, but if a drought were still in effect, they would potentially have to have some additional conversations about continuing the restrictions. Mayor Labadie suggested that the City contact the schools about utilizing their message boards since school has not yet started. Councilmember Zerby suggested a water restriction time frame of between 10:00 a.m. to 5:00 p. M. Councilmember Callies stated that she liked the time suggestion proposed by Councilmember Zerby. She stated that she did not think the City should go to the expense of sending out postcards. Councilmember Sanschagrin stated that he believes the biggest bang for their buck will be the odd/even restrictions. Councilmember Maddy asked how the City would enforce the odd/even day restrictions. Public Works Director Morriem stated that it comes down to a bit of a trust/honor 'game' with the residents. He stated that staff does have the ability to check at various times of the day and believes that perhaps neighbors will say something. He noted that he personally lives in a city that is odd/even and it has become second nature to the residents. Councilmember Callies asked if her understanding was correct that in order for these restrictions to apply to someone with well water it would require an ordinance change. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 8 of 11 Public Works Director Morriem stated that was correct because it would require a code amendment which would need to be advertised, so it would take some time. City Administrator Nevinski stated that this may be something that the City wants to thinks about more long term with other code amendments and fee structure changes. He suggested that the City could get a message to all residents whether they are using City water or well water about the severe drought situation and encourage conservation. Councilmember Callies asked if the City had a way to notify people by phone like they do for other emergency situations. Public Works Director Morriem stated that if people have signed up for that option, they can contact them that way. He stated that he has not utilized this service, so he would have to look into how it works, but knows it is available. Councilmember Callies explained that she was thinking that would be a way to reach more households and it would be cheaper than sending a postcard. The Council discussed possible area businesses that would have an electronic board sign that may be willing to display a message about the water conservation. Zerby moved, Callies seconded, Adopting RESOLUTION NO. 23-080, "A Resolution Revising Code Section 903.12 — Conservation Measures", as revised for restriction between 10:00 a.m. and 5:00 p.m. on odd/even days, and including a sunset date of October 30, 2023, or when the DNR withdraws the severe drought classification, whichever comes first. Motion passed. 8. GENERAL/NEW BUSINESS A. Approve Excelsior Fire District Budget City Administrator Nevinski noted that the Council takes action on an annual basis to approve the Excelsior Fire District Budget. He explained that the Fire Board recommended approval of the budget at their July 19, 2023, meeting. Chief Mackey gave an overview and outlined details of the proposed 2024 Excelsior Fire District budget and planned changes for 2024-2026. He explained that they are fully committed to keeping the District as a paid on -call model for as long as they can and noted that the District is leading pack with recruitment right now. Councilmember Sanschagrin asked what, during Chief Mackey's tenure as chief, the biggest negative impact has been on the budget. Chief Mackey stated that the boat was a budget item that was unexpected because they had just refurbished it five years before. He stated that overall, inflation is the biggest factor that they cannot anticipate. He noted that their call volume is increasing and explained that when he started it was just under eight hundred and last year, they were up to almost twelve hundred calls and are on pace to surpass that this year. He explained that a big driver of the duty crew program CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 9 of 11 was to find a way to build a work/life balance. He stated that this has been invaluable and the response in service times have all been better. Maddy moved, Labadie seconded, Adopting RESOLUTION NO. 23-081, "A Resolution Approving the 2024 Annual Budget of the Excelsior Fire District." Motion passed. B. Approve Tobacco License: Jim's Liquor City Clerk/HR Director Thone explained that this application is for a new tobacco license for Jim's Liquor. She noted that the Council had approved a liquor license for Jim's Liquor on April 25, 2022, which was renewed in 2023 in good standing, and they have now submitted an application for a tobacco license. She gave an overview of the new legislation related to hemp derived THC products and how it relates to current licensing. City Attorney Shepherd clarified that granting the tobacco license does not have anything to do with granting the sale of hemp derived THC, which is now legal. Councilmember Callies stated that the City does not have any basis to deny a tobacco license because they `might' engage in the sale of low dose THC products. Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 23-082, "A Resolution Approving a License to Sell Tobacco Products in the City of Shorewood to NGBS, Inc. DBA Jim's Liquor." Motion passed. C. Public Purpose Expenditure/Employee Wellness Policy City Clerk/HR Director Thone explained that this policy was originally created in 2008 and noted that City Attorney Shepherd, City Administrator Nevinski, and herself had worked on revisions to this policy. She gave an overview of the main changes to the policy. Councilmember Zerby asked if these activities were typically approved by the supervisor of the department. He asked if this could be used for a golf outing or a happy hour after work. City Clerk/HR Director Thone stated that the guidelines are very particular and reviewed some of the specifics of the guidelines. Councilmember Maddy stated that the City has a lot of great volunteers and expressed concern that it would make something like receiving a mug after ten years of volunteer service, contraband. He asked if that was the type of thing that this policy was intended to stop. City Attorney Shepherd stated that he takes the point being made by Councilmember Maddy, but they were trying to ensure that the policy was compliant with State law and the opinions on the State Auditor with respect to gifts. He stated that essentially, gifts are not allowed. Sanschagrin moved, Callies seconded, Adopting RESOLUTION NO. 23-083, "A Resolution Approving a Public Purpose Expenditure/Employee Wellness and Recognition Policy." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 10 of 11 Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff Parks and Recreation Director Crossfield thanked the Police and Fire Departments for their collaboration on the successful Safety Camp event. She stated that Oktoberfest will be coming up next month and encouraged people to visit the website at .tonkaoktoberfest.com. She stated that they are looking at adding some engineering and robotics in addition to music and nature education to their programming. She stated that they are also planning to collaborate with the SLMPD for a program on senior scam prevention and noted that planning for Arctic Fever has begun. Public Works Director Morriem stated that operations wise, they are dealing with some of the weather events and things like trees and sediment/mud issues. He noted that they will begin some sanitary jetting later this week which will continue for the next three weeks. He stated that they are also continuing to work on pothole patching. He noted that Tonka Bay's watermain project along Highway 19 is moving forward and the City has been attending their weekly construction meetings. City Engineer Budde stated that the Birch Bluff project has continued to move ahead nicely. He stated that the City received an updated schedule from the contractor for the Strawberry Lane project and it looks like completion will be late September or early October. He stated that the Eureka Road Open House will be scheduled sometime in mid to late September. City Clerk/HR Director Thone congratulated Communications/Recycling Coordinator Wilson for his permanent appointment to this position and noted that he has proven to be a great addition to the team. City Attorney Shepherd noted that he would not be ion attendance at the next Council meeting and his colleague, Leah Koch, will be here in his stead. City Administrator Nevinski stated that the Shred Event will be coming up this fall. He explained that the City is trying to standardize how they use their logo and communicate and brand themselves. He stated that they were not changing the logo, but were trying to make sure there is a standard that is consistently used. B. Mayor and City Council Councilmember Zerby attended the August 1, 2023 Planning Commission meeting. Councilmember Sanschagrin stated that he recently participated in a ride -along with SLMPD and noted that some of the domestic calls really highlighted the need for attention to mental health in the community. He reminded residents to shut their garage doors. He stated that he also attended the August 10, 2023 LMCC meeting and noted that the option where they sell their facility was the top vote getter among the member cities, so they are currently looking for an alternate location for their operations. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 11 of 11 Councilmember Maddy stated that he had attended the Fire Board meeting and noted that he was appointed as the Vice -Chair in place of former Councilmember Johnson's position. He expressed appreciation to everyone who participated in the National Night Out/Night to Unite events throughout the City. Mayor Labadie stated that Movie in the Park was cancelled due to the weather, however three groups showed up to the park anyway. She stated that it was a group was senior residents, a young family with children who arrived on bicycle with a burley, and a group of teens. She stated that the messaging, overall worked, but noted that she found it interesting that three different demographics were represented who did not get the message about the cancellation. 10. ADJOURN Zerby moved, Maddy seconded, Adjourning the City Council Regular Meeting of August 14, 2023, at 9:17 P.M. Motion passed. ATTEST: " Je4fnifer lKabadie, Mayor Sandie Thone, City Clerk