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08-28-23 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 28, 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, Sanschagrin, and Zerby; City Attorney Koch; City Administrator Nevinski; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield; and City Engineer Budde Absent: Councilmember Maddy C. Review Agenda Sanschagrin moved, Callies seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies asked about item 2.G. and what the job duties would be for the Shorewood Community and Event Center Attendant. Park and Recreation Director Crossfield explained that the attendant is the staff member who is on site during the evening and weekend rentals. She gave a brief description of their normal duties. Councilmember Callies asked if this position was more `on call' and not regular hours. Park and Recreation Director Crossfield confirmed that this position would be scheduled as they were required by the rentals. Councilmember Callies asked about item 21. and asked for additional details about the cable provider references. City Administrator Nevinski explained that the City essentially has what he would refer to as a `long haul carrier' that contracts directly with the City's IT provider to ensure that there is connectivity. He stated that they are proposing switching as there have been numerous outages over the last few months. He noted that their contract with this specific carrier expires in October and explained that the City's IT carrier believes that this will be a seamless transition. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 2 of 11 Councilmember Sanschagrin referenced item 2.H. regarding the Deer Management program. He noted that what he had found out from discussion on this item is that the areas depicted on the map in blue are areas where hunters `can' go, but not that they necessarily `will' go into those areas. City Administrative Nevinski stated that was correct and explained that the areas depicted in blue are areas where the City has received some sort of right -of -entry. He noted that the hunters will gather together and then pick their locations from those available areas. He explained that there are seventeen parcels designated but the hunters may only go to ten of those properties. Councilmember Zerby stated that years ago the DNR provided the City with infrared images of where the deer herds were and asked if the City was still receiving that information. Planning Director Darling stated that she did not believe the City had received that information this past year but noted that they have in all previous years. She stated that she believes this is something that the City should continue with because it helps them know if the program is effective or not. Councilmember Callies asked how someone could get on the schedule for the deer management hunt. Planning Director Darling explained that only `sharp shooters' are allowed. Councilmember Callies asked how someone could get their property included. Planning Director Darling stated that if they are interested, they can just notify City staff and they will arrange the legal agreements that are necessary. City Administrator Nevinski clarified that they are referring to bow hunting even when they use the term `sharpshooter'. Councilmember Zerby noted a typographical error in item 2.G. Zerby moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of August 14, 2023 B. City Council Regular Meeting Minutes of August 14, 2023 C. Approval of the Verified Claims List D. Approve Permanent Appointment of Chris Pratley, Public Works Light Equipment Operation E. Accept Improvements and Approve Final Payment for Covington Watermain Improvements, City Project 21-08, Adopting RESOLUTION NO. 23-084, "A Resolution Accepting Final Improvements and Authorizing Final Payment for the Covington Watermain Improvement Project; City Project 21-07." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 3 of 11 F. Accept Improvements and Approve Final Payment for 2022 Lift Station Rehabilitation, City Project 21-08, Adopting RESOLUTION NO. 23-085, "A Resolution Accepting Final Improvements and Authorizing Final Payment for Lift Stations 7, 9, and 10 Rehabilitation Project; City Projects 20-12 and 21-08." G. Approve Hire of Shorewood Community and Event Center Attendant H. Approve Deer Management Agreement I. Approve Forte Payment Processing Agreement J. Setting the Truth -in -Taxation Public Meeting Date, Adopting RESOLUTION NO. 23-086. "A Resolution Selecting the 2023 Truth -in -Taxation Public Meeting Date." K. Approve Concessions Agreement Fall 2023 L. Approve Extension of IT Services Contract with Warner Connect M. Accept Quote and Award Contract for Drainage and Utility Improvements, City Project 23-05, Adopting RESOLUTION NO. 23-087, "A Resolution Awarding Contract for the 2023 Drainage and Utility Improvement Project; City Project 23-05." N. Adopt Amended South Lake Minnetonka Police Department Joint Powers Agreement, Adopting RESOLUTION NO. 23-088, "A Resolution Approving a Revised Joint Powers Agreement Governing the South Lake Minnetonka Police Department." Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS 5. PARKS A. Report by Commissioner Wenner on July 25, 2023, and August 22, 2023, Park Commission Meetings Parks Commissioner Wenner gave an overview of the Park Commission meetings from July and August, as outlined in the minutes. B. Authorize Municipal Consent for Mill Street Trail Corridor Planning Director Darling gave an overview of the planning for the Mill Street Trail Corridor. She noted that the County has held a series of public events to garner engagement with residents on CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 4 of 11 the proposed plans. She introduced Luke Sandstrom, Project Manager from Hennepin County to summarize the project and the feedback they had received from the public engagement. Luke Sandstrom, Hennepin County, gave an overview of the proposed project location, feasibility reports, public engagement activities and responses. He explained that the majority of the responses supported Option Two as the preferred layout. He noted that they recently found out that MnDOT has identified the bridge over Highway 7 for replacement in 2029. He stated that he is hopeful that they will be able to work with the MnDOT when they begin their plans in order to widen the bridge to include the trail through this area so there is not a bottleneck and possibly create a direct connection to the Lake Minnetonka Regional Trail. He explained that before this project is completed by MnDOT they will plan to have flashing lights that people can push in order to cross safely. He reviewed the project schedule and noted that construction is slated to begin in the summer of 2025. He noted that the City of Excelsior plans to support Option One and noted that if Shorewood supports the preferred Option Two, then there will be a transition point between the two types of trails. He explained that in the next few months they are planning to pursue some grant options and noted that any they receive will be split evenly with the cities. Mayor Labadie stated that she and Councilmember Zerby attended the Park Commission meeting last week where two residents spoke who lived next to each other. She noted that one neighbor was in favor of Option One and the other was in favor of Option Two. She asked Mr. Sandstrom if he felt either of the options had better chances at receiving grant money. Mr. Sandstrom explained that the only difference in the options were the bikeable shoulders which he did not believe was a `make or break' part of the criteria for grant funding so they should not be excluded from grant consideration for either option. Councilmember Sanschagrin asked if there was a significant cost difference between the two options. Mr. Sandstrom stated that there was not a cost difference to the City and explained that typically the cost participation is roughly fifty-fifty and is done by item. He stated that things like the pavement replacement would be completely the responsibility of the County. He noted that he believed the estimated cost difference for the City, at this point, is only about five percent. Councilmember Sanschagrin asked if they would need to acquire any easements. Mr. Sandstrom stated that when the County does projects like this, they acquire the land needed through a trail and sidewalk easement and not fee titles. He explained that this meant that no property lines or setbacks would be changing. He stated that this easement allows them to construct the trail and also for the City to plow and maintain it in the future. He noted that Option One would have less easement impacts. Councilmember Zerby stated that he is over the moon excited that this project is moving forward. He stated that they had done a trail project on Smithtown Road where they widened the shoulders so they could put in bikeable path. He noted that it was supposed to be two feet on one side and four feet on the other, however once it was constructed it was much less than that because the measurements did not take the paint stripes into consideration. He asked if this proposed path would be four feet wide. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 5 of 11 Mr. Sandstrom explained that it is four feet centered on the paint so there would be three inches adjacent to the travel lane that would not be part of it. He pointed out that the four feet did not include the two feet of the gutter pan, so effectively, it will be six feet wide. Councilmember Zerby stated that he appreciated the consideration given for delivery vehicles and asked if there could ever be a consideration for an Option 1.5 and have the four -foot shoulder on the west side but leave it off of the east side. Mr. Sandstrom stated that approach could resolve come of the concerns but noted that there would still be mail delivery and it would also create a situation where the delivery drivers would have to physically cross the street with packages to make the deliveries which could bring additional safety concerns. Councilmember Callies stated that she feels this is a great project and is glad to see that they are coordinating and looking ahead in order to make a direct connection to the regional trail when the bridge is replaced. She asked how difficult creating the transition points that will mesh the two designs will be. Mr. Sandstrom stated that if they know what is coming, like the bridge, they can `future proof' themselves and design it in a way where there is not a lot of rework necessary. Councilmember Sanschagrin asked if there could be any opportunities to compromise anything based on the concerns that have been raised by the property owners regarding things like removal of their trees. Mr. Sandstrom stated that this is kind of a blanket assumption along the corridor at this point and believes there is some space where they can alternate the plans and cut a foot or two here and there. He noted that in some cases changing things by a foot or two will not alleviate some of the concerns but reiterated that there is some leeway. He stated that moving forward he will meet with each property owner and stake things off and look at things on a case -by -case basis in order to fit in what makes sense and see will ultimately work. Councilmember Callies noted that the Council had received a comment from a local resident questioning why the City did not have more trails and access to parts of the City. She noted that it comes down to a balance of the trails versus losing vegetation which she feels will also be part of this project in determining the balance for the future, between the existing trees and having the trails. Mr. Sandstrom noted that the County is fully committed to tree replacement and can work with homeowners for some type of green screening because a trail is going in. Councilmember Zerby stated that he thinks having this trail connection will be great and noted that he has had conversations with the Three Rivers District about the huge need for north/south trails because many of the trails are built on old railroad tracks which are mostly east/west. He reiterated that he thinks this is a wonderful project. Mayor Labadie stated that the fact that through their various outreach methods, they have connected with about eight hundred people. She noted that from this feedback it showed that about fifty-one percent of people were concerned about cyclist and pedestrian safety and asked if the County felt that Option Two was the safer option. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 6 of 11 Mr. Sandstrom confirmed that the County's preferred and safer option was Option Two because there are multi -modes that will use Mill Street. Mayor Labadie asked for Council feedback on which option they preferred. Councilmember Zerby stated that Option Two makes a lot of sense to him especially because Mr. Sandstrom has stated that there is some leeway in some of the design choices to try to minimize some of the impacts to residents with regard to trees and landscaping. He noted that only fifteen percent of the design plans had been completed thus far. Councilmember Sanschagrin asked what would happen if the Council supported Option Two tonight but then got more data and details decided that Option One would actually be a better fit. He asked if the City would have the option to switch their choice later in the process. Mr. Sandstrom explained that the motion tonight is to determine what step will go forward to final design so they can fine tune the details. He noted that what he has done in the past is when they get to the thirty, sixty, and ninety percent points in the design process, he has come back to a Council meeting to present that information and give the option to make changes. He explained that ultimately, they would come back next year for approval before they go out for construction. Councilmember Sanschagrin asked at what point in the process will it be considered too late or cost prohibitive to change the plans. Mr. Sandstrom stated that typically when you get to the sixty or ninety percent point you do not want to be making too many changes and noted that they should get to that point in about May of 2024. Mayor Labadie stated that she also favors Option Two. Councilmember Callies stated that she agreed and noted that also the majority of the public input supported Option Two. Zerby moved, Callies seconded, Adopting RESOLUTION NO. 23-089, "A Resolution Supporting Hennepin County's Preferred Layout (Option Two) for the Mill Street Pathway Project." Motion passed. 6. PLANNING A. Report by Commissioner Eggenberger on August 1, 2023, Planning Commission Meeting Planning Commissioner Eggenberger gave a brief overview of the discussion and action taken at the August 1, 2023; Planning Commission meeting as outlined in the minutes. B. Approve Rezoning/Final Plat for Lake Park Villas PUD CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 7 of 11 Planning Director Darling gave an overview of the request by TSML Properties to rezone the property at 24250 Smithtown Road and for Final Plat for a development that contains seven lots for single and two-family dwellings. She explained that the development was also proposed on the adjacent parcel within Tonka Bay with four additional dwellings. She noted that after the applicant had submitted the original rezoning application, staff asked if they would withdraw it and resubmit it with Final stage plans which they agreed to do. She stated that the Council has seen the concept and development plans/Preliminary Plat but had not seen the rezoning request up to this point. She stated that the applicant would like to develop this property through a PUD so they would have flexibility and explained that a public hearing was held at the Planning Commission meeting. She stated that the applicant is requesting a private street within the subdivision, to reduce the lot area per unit, reduce setbacks, and increase impervious surface on the property. She shared specific design details that are being proposed and stated that staff and the Planning Commission recommended approval, with a vote of four in favor and one opposed. She explained that the Commissioner who had voted in opposition would prefer a more affordable housing option in this location. She noted that she had included the three letters that the City had received on this proposal within the packet. Councilmember Sanschagrin asked if Tonka Bay had approved the plans. Planning Director Darling stated that they had reviewed the plans last week and had voted for approval but was not sure of the vote details. Mayor Labadie asked if Tonka Bay's approval was still waiting for approval from Met Council. Planning Director Darling stated that was for the Comprehensive Plan amendment that was approved previously. Councilmember Callies stated she felt the City had thoroughly reviewed this request on more than one occasion. She noted that she felt the rezoning was consistent with the plan and was in support of what is being proposed. Councilmember Zerby explained that he was still opposed to the design of the project, but because he understands the need for density, he will vote in favor of this action. Callies moved, Sanschagrin seconded, Approving ORDINANCE 601," An Ordinance Amending Section 1201.09 Subd. 2 of the Shorewood Zoning Code — The Shorewood Zoning Map (Lake Park Villas PUD)." Motion passed. Callies moved, Sanschagrin seconded, Adopting the revised RESOLUTION NO.23-090, "A Resolution Approving the Publication of a Summary of Ordinance 601 Regarding City Code Ordinance Amendments Related to Rezoning 24250 Smithtown Road from R-2A to PUD." Motion passed. Sanschagrin moved, Callies seconded, Adopting RESOLUTION 23-092, "A Resolution Approving a Final Plat for Lake Park Villas for Property Located at 24250 Smithtown Road." Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 8 of 11 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Approve Tobacco License: Shorewood Tobacco City Administrator Nevinski reviewed the request for a Tobacco License from Shorewood Tobacco. He stated that they have successfully completed the materials, paid the licensing fees, and passed their background check. Staff recommends approval. Zerby moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-091, "A Resolution Approving a License to Sell Tobacco Products in the City of Shorewood to Shorewood Tobacco, Inc." Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff Review and Update of West Side Drainage Study and Shorewood Lane Ravine City Engineer Budde explained that in 2019, the City had hired Barr Engineering to complete the West Side Drainage Study with the goal of developing comprehensive solutions to the issues and incorporating them into the City's CIP. He reviewed the five projects that would be completed by the end of the year and outlined the remaining two projects, including costs, for Noble Road and Grant Lorenz Channel. He stated that one other part of this was the pond in the Ashland Woods development and after looking at various iterations, the City has provided a storm sewer stub to connect to trunk line in Strawberry Lane. He explained that the pond is the responsibility of the HOA, so this stub allows them to put in the drain tile in the future which will help solve their issues. He updated the Council on the Shorewood Lane Ravine project and stated that there is a large amount of erosion along the banks. He stated that staff has been working to find a solution that addresses the concerns from all sides and explained that the Watershed and the Army Corps of Engineers would like to see construction of some Gabion rock baskets that essentially builds retaining walls where necessary. He stated that this approach would add to the construction costs and explained that while staff is exploring possible outside funding sources it is unlikely that they will not be able to find enough to fill the $250,000 gap that they are projecting. Councilmember Sanschagrin asked if this ran over private property or if it was just on public land. City Engineer Budde explained that there was an existing twenty -foot -wide drainage easement, but the stream has meandered over time and gotten larger than twenty feet wide which means that portions of it run over private property. Councilmember Sanschagrin asked if the idea was this project would be completely funded by the City or whether the residents should be asked to chip in. He suggested that the Council discuss the possibility of assessing the residents for a portion of the costs. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 9 of 11 City Engineer Budde stated that could be an option but noted that the City has not really expressed that intent thus far in the process. Councilmember Callies stated that the staff report talked about several locations of the undercut slopes posed significant hazards and were causing standing trees to fall. She asked what was meant by `significant hazards. City Engineer Budde explained that some of the hazards were brought up from neighbors relating to kids playing in the area. He stated that most are a fair distance away from structures but feels it would really not be safe conditions if anyone was down there in the area. Councilmember Callies asked if something should be done in the meantime. City Engineer Budde stated that he did not know at what point it would become `too bad' or an imminent threat to the public. He noted that they could try posting signs and putting up fencing but then it becomes something that staff has to maintain and if people want to get down there, they will. D T-Mi Parks and Recreation Director Crossfield reported that they had fifty-six rentals at the Shorewood Community and Event Center in August and noted that they already have fifty-four scheduled for September. Public Works Director Morreim noted that crews will be finishing up the sewer cleaning in the near future. He stated that they have also been working on getting the speed sensors up and running in two different locations. He distributed the data that they have gathered to the Council and gave a brief overview. He explained that they had put them up on Howard's Point and Wedgewood and put another one up on Eureka this morning. He stated that they share this data with the Police Department so they can also evaluate it. Councilmember Zerby asked if he had more data that would show the times and noted that many times it ends up being the same person that is late for work. Public Works Director Morreim stated that he had taken a look at that along Wedgewood and would say that there are some potential trends and explained that this was why all the data was sent to the Police Department as well. He explained that the City was still in a drought warning situation and the City has been doing a fair amount of communication with regard to water restrictions. He stated that as of last week, the City's water usage has not reduced, but the warm weather last week did not help. He stated that he feels the conversations with property owners and HOAs have been generally productive. Councilmember Sanschagrin asked if he had seen any issues with the quality coming out of the wells. Public Works Director Morreim stated that he was not seeing any issues at this time. He stated that there is no rain forecasted for at least a week and noted that if things continue to be this dry, their wells will get worse. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 10 of 11 Councilmember Callies noted that she had received three calls about this situation and asked if they had gotten feedback on whether that type of communication was working. Public Works Director Morreim explained that they had gotten a fair number of responses when they did the public alert and expressed his appreciation to City Hall staff for taking many of those calls. He stated that he believes people are aware that they are in a drought and understand the reasons for the request to reduce their usage. Councilmember Zerby asked if Public Works Director Morreim had used the street rating technology yet. Public Works Director Morreim stated that they are nearly complete but still have a bit on the east side and the islands yet to do. He noted that he definitely felt that the imagery will be helpful. He noted that he plans to give an update to the Council in September. City Engineer Budde stated that Birch Bluff continues to progress well, and street construction should begin later this week with completion at the end of September or early October. He noted that Strawberry Lane has a very similar schedule. City Administrator Nevinski asked staff to touch base with the Council on the Freeman Park Trails schedule. City Engineer Budde stated that project is scheduled to start the week of September 11, 2023, and explained that the City was just starting to push out some of the communication on this, because they just found out today. City Administrator Nevinski stated that the Special Election for County Commissioner LeTondresse's seat will be held on April 9, 2024, and if a primary is needed it will be held on March 26, 2024. B. Mayor and City Council Councilmember Zerby noted that he had attended the Parks Commission meeting. Mayor Labadie stated that she will be in Faribault later this week attending a Minnesota Mayor's Executive Committee meeting as part of their outreach efforts to bring meetings to mayors who are in outstate areas. She reminded everyone that September 5, 2023, is when school will start and kids and buses will be out in many areas and asked that residents have patience. She stated that she will hold her Coffee with the Mayor event at Shorewood Landings on Friday, September 1, 2023, and will be bringing a detective from the SLMPD to give a presentation about senior fraud/scams. She noted that on September 8, 2023, she will be attending the quarterly meeting with Representative Dean Phillips and encouraged staff and the Council to pass along any information that they would like her to bring up at this meeting. She explained that later that day there will be a Vietnam Veterans Commemoration event held in Maple Plain that many of those mayors will also be attending. 10. ADJOURN Zerby moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of August 28, 2023, at 8:32 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 11 of 11