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10-10-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, OCTOBER 10, 2023 7:00 P.M. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Labadie___ Callies___ Maddy___ Sanschagrin___ Zerby___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening under a single motion. These items have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of September 25, 2023 Minutes B. City Council Regular Meeting Minutes of September 25, 2023 Minutes C. Approval of the Verified Claims List Claims List D. LMCIT Liability Coverage Waiver City Administrator Memo E. Approve Retail Tobacco License Renewals City Clerk/HR Director Memo Resolution 23-098 F. Approve Resolution of Support Mill Street Trail and Watermain Planning Director Memo Capital Bonding Request Resolution 23-100 CITY COUNCIL REGULAR MEETING AGENDA Page 2 G. Approve Website Contract with CivicPlus City Clerk/HR Director Memo H. Approve Recruitment for Seasonal Rink Attendants City Clerk/HR Director Memo I. Approve WAC Assessment Agreement 26370 Peach Circle City Administrator Memo Resolution 23-101 J. Encroachment Agreement for 5880 Prestwick Court City Engineer Memo Resolution 23-102 K. Approve HVAC Maintenance Agreement Public Works Director Memo 3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on tonight's agenda, to the attention of the Council. Anyone wishing to address the Council should raise their hand, or if attending remotely please use the “raise hand” function on your screen and wait to be called on. Please make your comments from the podium and identify yourself by your first and last name and your address for the record. Please limit your comments to three minutes. No discussion or action will be taken by the Council on this matter. If requested by the Council, City staff will prepare a report for the Council regarding the matter and place it on the next agenda. 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING A. Review Agreements Related to Lake Park Villas Planning Director Memo Applicant: TSML Properties Resolution 23-103 Location: 24250 and 24320 Smithtown Road 7. ENGINEERING/PUBLIC WORKS A. Eureka Road Open House Report City Engineer Memo 8. GENERAL/NEW BUSINESS 9. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council CITY COUNCIL REGULAR MEETING AGENDA Page 3 10. CLOSED SESSION Pursuant to Minnesota Statutes, section 13D. 05, subdivision 3(b), as permitted by Attorney Client Privilege, the City Council will be moving into a Closed Session to discuss Alex and Elena Ugorets v. City of Shorewood, et al. 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 25, 2023 5:45 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 5:47 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Labadie, Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; Parks and Recreation Director Crossfield; City Clerk/HR Director Thone; Finance Director Rigdon; Director of Public Works Morreim; and, City Engineer Budde Absent: None B. Review Agenda Maddy moved, Zerby seconded, approving the agenda as presented. Motion passed 5/0. 2. MILL STREET WATERMAIN City Engineer Budde explained that the County was the lead agency for the Mill Street trail project which is slated to extend from Chanhassen to Excelsior with construction in 2025. He stated that staff has been evaluating whether the City should include watermain as part of this project. He reviewed information related to inquiries from residents for connecting to municipal water due to the age of the existing wells; the area served by Chanhassen; the possible interconnect of the east-west systems; and possible design options. He gave a brief overview of the financial and budget considerations for Council review. He noted that staff had previously submitted a State bonding fund request for this project and explained that there may also be some other funding options that the City can pursue but staff would like feedback from the Council on whether or not they would like the City to pursue adding watermain in this area or not. Councilmember Callies asked about the parameters for making a decision between an eight inch and a twelve inch pipe size. City Engineer Budde stated that once the two systems are connected, which may be decades away, the twelve inch will be able to provide water back and forth through the systems and was also a factor in some of the fire flow for serving the City. Councilmember Callies stated that she feels that the cost is a disincentive to get City water. She asked if the City had done the analysis on assessment and a possible property value increase. She stated that from what City Engineer Budde had presented, the City would be losing about forty-thousand dollars with each hook up and asked if the property value would increase by that much. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 2 of 10 City Engineer Budde stated that he did not have that information and explained that the City would need to talk to an appraiser but cautioned that even if they did that, he believes that this information is highly contested. Councilmember Sanschagrin asked if the City knew how many of the twenty-nine homes in this area would hook up to City water. City Engineer Budde stated that he did not and explained that he just knows that he had been called between about five and ten times about hook ups in this area. He admitted that it could have been the same handful of residents calling because he did not keep track of who had called. He reiterated that they had not conducted a formal survey. Mayor Labadie noted that even if a formal survey was conducted, the resident would have the option to change their mind. City Engineer Budde stated that was correct and clarified that the City’s current policy is that they will not force someone to connect to City water. Councilmember Callies stated that she thinks it will come down to how much it will actually cost. Councilmember Zerby stated that to him, this seems like a very short amount of pipe for this amount of money. He asked where the primary costs were coming from for this project. City Engineer Budde stated that when there is an open cut scenario, much of the cost is in the pavement and for directional drilling it is more the material and installation costs. He explained that there is a fair amount of risk with directional drilling. He stated that he believes this section is about one-half mile long or about two-thousand feet. Councilmember Zerby stated that means that two-thousand feet costs $1.5 million. He asked if they would go down the right-of-way in the State highway in order to connect the wells. City Engineer Budde stated that they could do that but explained that the downfall would be that the run would not provide any service to residents which means there would be ‘dead’ infrastructure costs. Councilmember Maddy asked if only a handful of people decided to connect if the City could guarantee water quality to those individuals. City Engineer Budde stated that he would have to look into that a bit more but would assume that the City would just need to flush a hydrant more often in that scenario in order to force the water to turn over. Councilmember Callies noted that one of the Council’s jobs is to look toward the future, but expressed the opinion that this seemed like a lot of money even though she understands the thought process behind doing something when the road will already be torn up. Councilmember Sanschagrin agreed that this does not seem to make sense from the City perspective, but also did not make sense from the consumer perspective. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 3 of 10 Mayor Labadie shared a story of when she had first joined the Council when there were discussion City water near Star Lane and noted that this entire neighborhood was on board with the desire for City water and she was not sure they had that same feeling from this neighborhood. Councilmember Callies stated that even if they, theoretically, were on board it will still come down to the cost of putting in a well or hooking up with City water. City Administrator Nevinski stated that if the Council was thinking that the watermain is not the path forward then they will need to modify their State bonding request information. He noted that they have looked at alternative funding options with the hope that they would be able to get the fifty percentage bonding money from the State. Councilmember Callies asked if there was any benefit to the City to have City water in this location. City Engineer Budde stated that it would expand the emergency response area, for example, to have hydrants in the area. He stated that it would also help fill the gap between the east and west system, but cautioned that the Council would have very tough decisions at each of these increments to get it. He noted that if the lot sizes were smaller, the cost would come down significantly. Councilmember Zerby stated that it is expensive to expand water and did not believe it was exclusive to this portion of the City and asked how the City can justify expansion elsewhere in the City. Councilmember Callies asked if individual wells ate up the groundwater more than a municipal system would. City Engineer Budde stated that he would say that the usage really would not change whether it was a private well or municipal, but noted that they do tend to come from different aquifers. He stated that there is no current requirement for watermain like there has been for sanitary sewer mains and noted that there has been talk about this become a mandate at some point in the future, but would say that is in the far distant future. Councilmember Maddy asked about Mill Street in this area and future plans for road work. City Engineer Budde explained that the County has actually tweaked what they were planning and will narrow Mill Street and resurface it all as part of the trail project which will be built within the right-of-way. He stated that he would not imagine that they would end up having to do anything significant to the roadway for another thirty years or so. Mayor Labadie asked where the water would be pulled from if here was need for fire mitigation in this area. City Engineer Budde stated that the closest hydrants are located in Chanhassen and Excelsior has watermain extended down Mill Street. Councilmember Sanschagrin asked how many hydrants would be installed if this moved forward. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 4 of 10 City Engineer Budde stated that he believed they would be installed about every block or so, which would be about six. Councilmember Sanschagrin stated that he would like to have information on who would plan to hook up and asked if it would provide Shorewood City water. City Engineer Budde noted that this project, as proposed, would serve Shorewood residents, but would be from water that is generated and provided by Chanhassen. Public Works Director Morreim stated that he believes the City would pay Chanhassen for water and then charge the residents the fees in order to pay for the water and the maintenance of the watermain. Councilmember Maddy asked about the life expectancy of the pipe. City Engineer Budde stated that he would estimate it to be about fifty years. Mayor Labadie asked if there would be a way to get an accurate accounting for who would hook up. City Engineer Budde stated that he did not think so unless the City required them to pay the hook up fee when they expressed interest. Councilmember Callies stated that the hook up fee of ten thousand dollars would not be enough money which means the City should be raising the amount for the hook up charge. City Engineer Budde stated that was correct, however, it was not the issue that they were intended to solve during tonight’s discussion. Councilmember Callies stated that she feels asking staff to go out and see who would be interested in hooking up to water is dithering because it is a moving target. City Engineer Budde noted that they have not asked these residents yet and noted that on some of the other projects, they have. He noted that when they asked this question for projects such as Strawberry Lane, the City still really did not get a firm answer from the residents. City Administrator Nevinski suggested that the Council may want to look at this with the idea that if the City would be on the hook for the seven-hundred fifty thousand dollars what their opinion would be about the project and the idea of taking out a loan or finding a way to make up the differences. He asked if the idea was that if they get the fifty percent in bonding from the State if they were comfortable committing to move forward but if they do not receive that bonding, they would not. He asked if that would be a position the Council would be comfortable with. Councilmember Callies asked about the timing of the bonding application and the project. She asked if they would wait until they found out the answer about the bonding in order to have something more definite to tell people about their actual cost. City Engineer Budde stated that the project is being constructed in 2025 and the bonding information should be available from the State by May of 2024. He stated that there is still time CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 5 of 10 and noted that they have already communicated with the County that they were still evaluating this. Councilmember Sanschagrin stated that he thinks the City would want to have some commitment from the local residents, in advance, including a deposit. Councilmember Callies stated that she feels the City should submit for the bonding and get more information at that point. She stated that she did not think it was just a matter of charging the citizens. She stated that it is the Council’s job to look toward the future and determine if this water is something that would benefit additional residents in the future. Councilmember Zerby referenced other nearby watermain projects and the additional costs for that as well. Mayor Labadie stated that she believed the entire Council had expressed concern about the potential cost, the question of who would actually hook up, and the possibility that they would not receive State bonding funds. Councilmember Callies noted that she felt the middle ground would be to apply for the State bonding and then evaluate the actual costs once they had that information. There was consensus of the Council to apply for the State bonding and re-evaluate this in May. City Administrator Nevinski noted that the Council will also need to have a larger conversation about financing, policies, and land use. 3. AGENDA STRUCTURE DISCUSSION City Administrator Nevinski noted that staff was looking for a bit of direction on the agenda structure. He gave an overview of the specific areas that they would like input, including: Consent Agenda; Items being added to the agenda; Commissioner presentations; possible creation of Council policies/bylaws; and interactive technology, such as Zoom. Mayor Labadie noted that that they were running a bit short on time tonight, but noted that none of these items are pressing or effect the City’s budget. She stated that she did not think they would be able to get through everything prior to the regular City Council meeting and asked if they wanted to reconvene following that meeting or bring it back to a future meeting. Councilmember Callies suggested that they see how far they can get in their discussions and make the decision then. Councilmember Zerby stated that he agreed and would like to see how much they can hammer out. Mayor Labadie suggested that they start their discussion with the ‘easy’ items such as whether or not the Council feels the Commissioner presentations are beneficial. She noted that personally she felt that they were beneficial for a variety of reasons. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 6 of 10 Councilmember Zerby stated that he also feels the Commissioner presentations are worthwhile and were a good way for the Commissions to stay in touch with the Council and vice versa. He stated that he also likes the human factor rather than just reading through the minutes to see what was said. Councilmember Sanschagrin suggested that they add more purpose to it and perhaps they could also use that time to pose questions to the Council in order to give more guidance. Councilmember Callies stated that she thinks that would be something that would be better put on the agenda for discussion rather than having a back and forth discussion during their presentation. Councilmember Zerby noted that the Council already has the option to add or pull things from the agenda prior to their making a motion and voting on its acceptance. Councilmember Callies stated that she agreed and did not feel the public should be able to pull items from the Consent Agenda. She suggested that rather than labeling it ‘Reports and Presentations’ there should be room for a Councilmember to say that they think something should be placed on the agenda in the future. Mayor Labadie stated that she believes that there should be a majority of Councilmembers in agreement that the topic should be brought forward onto a future agenda. She expressed concern that a time limit may be appropriate for this because she did not want it to turn into a grandstand type of situation where there are twenty angry people in the audience with the expectation that they will be able to speak. Councilmember Zerby stated that he believes that was what Matters from the Floor was designed for and noted that a Councilmember could decide to take these things forward during their report time and bring it back for a future agenda item. Councilmember Maddy noted that the Council has every liberty to put whatever they like onto the agenda at the beginning of the meeting if there is a majority who vote in favor of it. He stated that this would just not give staff prep time and explained that he was comfortable with either approach. Mayor Labadie explained that the past practice has been that the Council cannot bring up items on the spot, but can approach the City Administrator with a concern and it is discussed with staff at their weekly meeting. City Attorney Shepherd noted that he feels the question is whether or not the Council wants to have something on the agenda that is more communicative that there may be a bit of a discussion under the Council reports versus what they currently have. He stated that they could just truly label it ‘Council Reports and Discussion’ which will give the community a heads up that there may be some chatter. Mayor Labadie noted that the Council still needs to discuss Council policies/bylaws and interactive technology and suggested that they recess this meeting and reconvene following the regular City Council meeting. Zerby moved, Maddy seconded, recessing the City Council Work Session at 6:55 p.m. and reconvene following the Regular City Council meeting. Motion passed 5/0. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 7 of 10 Zerby moved, Sanschagrin seconded, reconvening the City Council Work Session at 9:30 p.m. Motion passed 5/0. Mayor Labadie suggested that they begin with discussion on Council Policies or Bylaws. City Administrator Nevinski stated that this may be a good place for them to put their practices down on paper, for example, how they handle Matters from the Floor, getting items on the agenda, and perhaps a modified version of Robert’s Rules of Order. He offered to do a bit more research and see what may be included, but it is was not something the Council was interested he did not need to spend any time looking into it. Councilmember Sanschagrin asked if Excelsior has this. City Administrator Nevinski explained that Excelsior has, in their ordinance, Bylaws, for how the Council functions. He stated that some cities have bylaws, some have policies, and some do not have anything. He stated that currently the City is in the third bucket where they do not really seem to have anything. Mayor Labadie stated that she did not think it was a bad idea and shared the example of when she first took office and made a few changes that mirrored what other cities were doing. She explained that some of those decisions led to her essentially being crucified by residents who felt those changes were not democratic. She stated that she feels having written policies would have helped in that situation and noted that she felt the Council should continue to use Robert’s Rules of Order as a loose guide. City Attorney Shepherd noted that he believes that City Administrator Nevinski was making reference to the League of Minnesota Cities Mayor’s handbook that has a modified Robert’s Rules of Order that could be incorporated into the Council policies/bylaws. Mayor Labadie stated that she feels using the League of Minnesota Cities guidance was an excellent idea. Councilmember Callies stated that she felt it was a good idea to have some policies, but expressed concern that they can end up being taken as a literal ‘law’ and used as a criticism. She stated that she was concerned about it being over regulated and questioned what actual things would be included in the policies. Councilmember Zerby agreed that a good place to start would be the League of Minnesota Cities. He noted that in looking over the bylaws from Excelsior, they have to have training within the first fifteen days of being elected, which he feels may be a bit too much in the weeds. He stated that he would like to just see it be something at a bit of a higher level and provide some framework without reinventing the wheel. Councilmember Maddy suggested calling it a framework rather than a policy so it is seen as more of a guideline. There was consensus of the Council to create guidelines that outlined the general Council policies. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 8 of 10 There was discussion about the Council and all Commissions following the same type of way to run a meeting/making motions. Mayor Labadie moved the discussion onto the topic of interactive technology. She expressed the stressful feelings that happen when the technology was not working correctly and expressed sympathy for the stress it places on City staff who are not trained IT professionals. She stated that she feels this is an unfair burden to place on Planning Director Darling or City Clerk/HR Director Thone or other staff members. City Clerk/HR Director Thone explained that there are four interactives that staff are trying to work out when they are running a Zoom meeting and gave an overview of the things she has to manage as part of that process. She shared examples of what had happened at the earlier Regular City Council meeting and gave an overview of the limitations. She stated that there is a lot of multi- tasking required and agreed that it is very stressful. She stated that it is not necessarily Zoom that creates the stress and is more the idea of one person being able to do all these things and also be able to be an active participant in the meeting, which she stated is nearly impossible to do well. Councilmember Zerby stated that he feels technology has always been a challenge for the City. He noted that he was not sure that the City could ditch Zoom without facing the ‘Wrath of Khan’. Councilmember Callies noted that most Council meetings also have some type of professional person that shows up to participate in the meeting via Zoom. Mayor Labadie stated that she agrees with everything that has been stated and noted that even the discussion of removing Zoom was weaponized against the Council as being undemocratic. She stated that there are very few cities that are similar in size to Shorewood that have maintained the interactive Zoom component and those that do have a staff member that is dedicated to that. She stated that she believes it is unfair to put this stress on staff when it is not something in their title or job duties. She noted that it has provided a very useful tool for things like off-site presenters and she is at a loss for how to proceed because she feels that the way it was currently being done was not working and at the very least, needs to be modified. She shared her feelings of frustration from the regular meeting, when parties on Zoom were holding up signs and waving their hands in an attempt to communicate with the Council that the audio was not working. Councilmember Sanschagrin stated that he would agree that it is not working the way it is being implemented right now but felt it was an important tool and did not want the City to turn their backs on it as an option. He stated that the best approach may be to have someone come in that is technology oriented. Mayor Labadie noted that these duty would not currently be included in any of the job titles. City Clerk/HR Director Thone noted that she understands the technology enough to perform it, but cannot set it up to be successful in five minutes time, Zoom does not interact with the presenter tool, which renders you incapable of running the Zoom meeting for that period of time, and when performing all of those tasks, as a participating staff member, it is highly distracting and difficult to pay attention to the actual meeting. She suggested that it may be possible if they split up the duties. Councilmember Maddy stated that the LMCC is currently going through somewhat of an identity crisis due to their funding mechanism and suggested that they ask if they can work towards some CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 9 of 10 type of media services function. He suggested that perhaps they could send one person to record and another to manage the Zoom technology. Councilmember Zerby agreed that may be a good talent pool to ask to fill that need. City Administrator Nevinski stated that he thinks the City learned a valuable lesson tonight in trying to put everything on City Clerk/HR Director Thone and that there would be value in having another individual involved. He stated that he agrees with the sentiment that there is a lot of value in Zoom and believes the City can take a look at some other options with staff members or LMCC. Councilmember Callies suggested that they may also want to look into creating some Zoom etiquette policies. She stated any approach they use whether it is with staff or LMCC will become a budgetary issue. Councilmember Sanschagrin stated that he feels the City needs to have one person dedicated to handling the Zoom aspect of the meetings and nothing else. Mayor Labadie suggested that they explore the option, if people want to use Zoom, that their cameras are turned on. She referenced past instances where she felt Zoom was used as a way for people to say things that she did not feel they would have said if they were standing in front of the Council. She apologized to City Clerk/HR Director Thone for not having the earlier Work Session meeting have a hard stop at 6:45 p.m., as requested, in order to give her time to adequately set up the Zoom features. Councilmember Zerby noted that he was not sure that they would be able to enforce the requirement to have their camera turned on. Mayor Labadie clarified that she meant that their camera would have to be turned on while they were speaking similar to how people have to come to the podium and state their name and address. Councilmember Zerby shared examples where people could say that they did not have enough money for a web camera or had a medical condition. Mayor Labadie stated that it appears as though the Council was in agreement that if they can make this work efficiently that they do not mind the concept of interactive technology and that an outside person, beyond a staff member, should handle these duties. She asked staff to check into the suggestion of utilizing LMCC and their talent pool and report back on the associated costs including possible staff options. Councilmember Maddy asked if staff was asked to stay late if they were paid overtime. City Administrator Nevinski explained that much of staff is salaried so there would not be overtime but noted that there are some staff members who are hourly so there could end up being an overtime or comp time issues. He suggested that they take a look in more depth and lay out some options for Council consideration. The Council discussed Council participation via Zoom with a medical condition. 4. ADJOURN CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 10 of 10 Maddy moved, Zerby seconded, Adjourning the City Council Work Session Meeting of May 8, 2023, at 10:09 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 25, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 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; Director of Public Works Morreim; Park and Recreation Director Crossfield; City Engineer Budde; and Communications and Recycling Coordinator Wilson Absent: None C. Review Agenda The Council discussed the feedback that had been received regarding portions of the agenda that were not available on-line. City Administrator Nevinski noted that the full agenda was available under the ‘packet’ tab. Mayor Labadie noted that she just saw a note on the Zoom feed that stated that the audio was not working. There was a brief pause to allow staff time to address the technical issues. Zerby moved, Maddy seconded, approving the agenda, as presented. Motion passed, 5-0. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Sanschagrin moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of September 11, 2023 B. City Council Regular Meeting Minutes of September 11, 2023 C. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 2 of 14 D. Approve Public Works Custodial Services Agreement E. Approve SCEC Custodial Services Agreement F. Accept Donation for Oktoberfest 2023, Adopting RESOLUTION NO. 23-099, “A Resolution Accepting Donation to the City of Shorewood 2023.” G. Personnel Policy Updates, Adopting RESOLUTION NO. 23-096, “A Resolution Approving Shorewood Employee Personnel/Employee Handbook Updates.” H. Approve Right of Entry Agreement with Arvig I. Authorize Execution of Hennepin County Regional Rail Authority Permit (HCRRA) For Freeman Park Trail Improvements Motion passed, 5-0. 3. MATTERS FROM THE FLOOR John Hasselbach, 26350 Peach Circle, explained that they have some concerns about the cut that was made in the woods from Strawberry Lane to the stormwater ponds. He read aloud a letter that he had submitted to City Administrator Nevinski that outlined his concerns about unrestricted access to their property because of this cut. He explained that all of the neighbors agree that this is a problem and were asking the City to provide a solution that delineates public property from private property, such as split rail fencing and some signage. Mayor Labadie stated that her understanding was that staff would be working on this issue with Mr. Hasselbach. Nancy Westman, 19515 Vine Ridge Road, expressed concern about what she feels is enormous debt for the City. She stated that she wanted to urge the Council and staff to address the current debt before they make a move to expand the budget. She noted that before her taxes were raised, she would like to see a transparent discussion been the City departments, staff and Council, that can be shared with the residents so they can be part of the decision making process. She shared examples of specific concerns that had been brought to her by her neighbors related to things like, requests for additional staffing, excessive education travel expenses, potential pay increases without performance benchmarks, excessive/oversized projects, and hiring a consulting firm to serve as City Engineer. She clarified that she was asking for greater transparency as well as ease of access to budget details, and participation in ongoing conversations between staff and the Council on how they will address the debt. She noted that she would like the City to hire their own engineer and not utilize the services of a consulting firm. Mayor Labadie noted that the City holds extensive budget discussions including some during work session meetings. She stated that all of these meetings are noticed and are open to the public. She noted that residents could also contact members of the Council or staff if there are specific items they would like to discuss. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 3 of 14 Debbie Siakel, 25680 Birch Bluff Road, expressed her appreciation to Council and staff for the beautiful job they are doing on Birch Bluff Road. She noted that she understands that the Council was following a process and doing their job as an elected body. She stated that this will provide benefit to residents long after they are gone and noted that the utility improvements have been huge. She admitted that there had been some errors that have happened as part of the building process, but also noted that this project means that they will have curb and gutter installed. She noted that she has lived here for over thirty years and in that time there has not been any significant road improvement projects done and feels what is being done is a vast improvement and will provide huge improvement for drainage in the area. She stated that City Engineer Budde has been out to the site and answered questions that have arisen. She stated she would also like to respond to comments made by Ms. Westman and noted that she wholeheartedly disagreed with her statement. She stated that she had served on the City Council for twelve years and would agree that others, before Ms. Westman, had raise similar concerns, but noted that she feels the City’s financial management has been top notch. She explained that many other cities do not ask residents to give input on road projects and instead come in, do the project, and then ask the residents how they want to pay the city for doing the work. She stated that the idea that the City does not listen to residents is, in her opinion, malarkey. Rich Siakel, 25680 Birch Bluff Road, stated that he had attended the open house meeting on the improvements planned for Eureka Road. He stated that Eureka Road has been in a state of severe disrepair for quite some time and explained that the traffic for vehicles and pedestrians in the area has greatly increased. He stated that there are people traveling through this area to get to the trail and feels that anybody who says that traffic is not increasing is simply a misnomer. He stated that he understands the City has a choice between two projects and noted that the impact to residents will be minimal and will all be done on City property with the existing easements, which is not the City ‘taking’ their land. He explained that he would support the choice for the larger improvement with the six foot wide trail/sidewalk. Alan Yelsey, asked if the Council was planning to proceed with a vote even though residents did not receive a copy of the full agenda. City Administrator Nevinski reiterated his statement from earlier in the meeting that the agenda tab was missing some pages from agenda, however, the full agenda was available under the ‘packet’ tab and noted that the agenda was also posted here at City Hall. Mr. Yelsey thanked the City for hosting the open house meeting last week. He expressed concern about the City’s processes related to the budget and explained that he did not feel it allowed the opportunity for the residents to talk and review the budget items with the Council, which he feels is not democratic. He stated that he was not aware the Council was planning to vote on the budget tonight and was not interested in reading the long, large agenda available on the website. He explained that he felt the City was taking every non-democratic step possible, to allow them to do whatever they wanted to without resident input. He noted that he had not seen the most recent version of the budget that was presented at a Council Work Session in August and feels what they are doing is intolerable. He requested that the Council stop, wait, and have an open discussion with the residents about the budget. He stated that he agreed with the concerns raised by Ms. Westman regarding the budget and those raised Mr. Hasselbach regarding property rights. He asked City Attorney Shepherd to provide him with the legal opinion on why the City is not accountable to follow the tree preservation and replacement policy with regard to the cut through and why restoration was not being practiced. He clarified that he would like a formal legal opinion on this matter that he can share with the citizenry. He stated that he would also like to formally CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 4 of 14 request that the City allow a number of residents to hire a third party, a University of Minnesota civil engineer to evaluate the $25 million in projects being conducted in the City, to let them know if their money has been well spent. Mayor Labadie noted that Mr. Yelsey had exceeded his three minutes and asked him to wrap up his comments. Mr. Yelsey stated that he did not need additional time. Mayor Labadie explained that City Attorney Shepherd was present tonight and has heard the concerns raised by Mr. Yelsey. Mr. Yelsey asked if he would be receiving communication from City Attorney Shepherd. City Attorney Shepherd explained that if the Council would like him to research or respond to an issue they can ask and clarified that he did not take direction from residents, but from the Council or City staff. Mr. Yelsey clarified that he was told by City Administrator Nevinski that the City was not subject to the tree preservation policy and he was just looking for the written policy that showed the City was not accountable to it. Mayor Labadie stated that if the Council directed City Attorney Shepherd to respond to this item, Mr. Yelsey would be informed. 4. REPORTS AND PRESENTATIONS A. 2023 Tree Sales Update Eric Wilson, Communications and Recycling Coordinator, noted that the 2023 Tree Sale had been completed with 126 trees delivered. He reviewed some of the survey responses from those who purchased trees. Councilmember Sanschagrin stated that he feels this is a great program but noted that one of the comments he has gotten from residents is that there could be additional thought given to selection of the trees that are best for the environment, for example, more likely to survive in local conditions. He noted that he had been informed that, for example, maple trees are ones to avoid planting due to various diseases. 5. PARKS A. Parks Commission Update Park Commissioner Garske gave an overview of recent Park Commission discussions and actions as outlined in the meeting minutes. He encouraged residents to come out over the weekend to the various Oktoberfest activities at Badger Park. B. Emerald Ash Borer Treatments CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 5 of 14 Public Works Director Morreim reviewed details of the Integrated Pest Management workplan and potential injection treatments in City parks for the emerald ash borer. He noted that the chemical recommended for this treatment is called TREE-age R10 which would be applied in a targeted manner by Davey Tree. He reviewed the general cost parameters for this application and treatment and noted that this week is the last week that injections can be done and explained that if the Council decides not to do this right now, it will have to wait until next year. He noted that if it is approved, they will do injections on trees located in Cathcart, Manor, and Silverwood that would happen this week and next year the trees at Freeman Park would be due for their three year rotation of treatment. He reviewed the three options for Council consideration including: no injections; injecting high priority trees on a three year cycle; injecting low and high priority trees on a three year cycle. He explained that staff recommends the option where high priority trees would be injected every three years as a way to prolong the life of the ash trees and allow the City time to plant new trees to replace these when they are removed. He reviewed the budget considerations and explained that the funds would come out of the Park Maintenance budget. Councilmember Sanschagrin asked about the history of disease within City parks and if there have been a lot of issues. Public Works Director Morreim stated that they do have some ‘dying’ ash trees and explained that the emerald ash borer has been found in the City. He stated that the prominent trees in the City were inspected a few months ago and were found to be good candidates for it. Councilmember Sanschagrin asked for a percentage of the amount of trees in the City are ash trees. Public Works Director Morreim explained that it varies and, for example, the high priorities areas of Freeman Park probably have forty to sixty percent ash trees and within the other City parks it is probably around forty to fifty percent ash trees. Councilmember Sanschagrin noted that the more he learns about the treatment, the less favorable he believes they are for the City because it is not a permanent solution. He explained that he also had concerns about the cost and feels this money would be better spent simply planting new trees. He stated that he would like to get the new trees in place so the City can remove the ash trees as they become sick. He reiterated that he would be in favor of not doing any injections and saving those funds for other purposes, such as planting trees. Councilmember Callies stated that she was in favor of the option recommended by staff and noted that the Council had just discussed the budget and had eliminated some of the expense associated with replacement of trees because of the cost. She stated that she thinks they are discussing the more prominent trees and noted that the more she learns about the treatment, the more she is in support of this treatment, despite the fact that it is not a ‘permanent’ solution. She stated that a frequent message they hear from the citizens is concern about elimination of trees within the City and she believes treating these prominent trees is a useful expenditure. Mayor Labadie asked about the specimen trees in the City parks and whether they provide a large amount of shade. Public Works Director Morreim stated that they do and noted that in Cathcart they are in the middle of the playground, at Freeman, most of the trees near the baseball fields on the south and around the playground are ash. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 6 of 14 Councilmember Zerby mentioned the Urban Forest Management Plan that was approved in 2016 and noted at that time, it said that there were five-hundred and sixty-seven ash trees located on City property. He asked if this proposal was in alignment with the Urban Forest Management Plan. Public Works Director Morreim explained that the Urban Forest Management Plan allowed for a lot of removal of the ash trees and to his knowledge, most of that has not happened, unless they died. He noted that the City has applied for a DNR grant that would update the Urban Forest Management Plan and the City’s tree inventory and reiterated that there had not yet been any coordinated removal of trees that was called for within the Urban Forest Management Plan. Councilmember Zerby stated that he believed the idea behind the Urban Forest Management Plan was to start getting rid of the ash trees and start replacing them with other varieties. Public Works Director Morreim referenced Manor Park who has had a lot of trees planted there and noted that the idea is to sort of replicate what has been done there throughout the City. Councilmember Callies asked Councilmember Zerby to explain what he was referring to since she was not on the Council in 2016. Councilmember Zerby explained that the City had inventoried all the trees on City property and the idea then was that the Emerald Ash Borers were coming and the City needed to work to diversify the types of trees in the City. He stated that the determination was that the City should basically start weeding out the ones that were less significant or at risk of disease and replace them sooner, rather than later. He stated that he wants to make sure the City has a plan moving forward because right now they are just talking about a few trees in the parks, but there are hundreds of trees located throughout the City. Public Works Director Morreim noted that regardless of whether or not the City receives grant funding for updating the Urban Forest Management Plan, staff will be coming back to the Council with a tree planting plan, it just may be on a smaller scale. Councilmember Sanschagrin stated that he believes it makes sense to talk about planting and asked about the costs associated with planting a more mature tree rather than just a sapling. Public Works Director Morreim stated that there would be a significant difference in cost. Councilmember Sanschagrin suggested that the City could plant the more mature trees in this prominent locations even though it would be a bit more expensive rather than spending the money to treat the trees that will ultimately die would be a way of investing in the future. Public Works Director Morreim explained that the plan is to plant mature trees with the proposed funds, but noted to get to the point where they are the size of the trees in Freeman Park will be twenty to thirty years. He noted that the plan is not simply to cut the trees down because they are ash trees but explained that the injections were a way to extend the useful life of those trees. Councilmember Callies asked about the cost of cutting down one of the large trees. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 7 of 14 Public Works Director Morreim stated that there are many things that factor into the cost such as location and utilities, but it can cost between three and six thousand dollars for a single tree to be taken down. Councilmember Callies stated that she felt another reason to move forward with these treatments would be to space out the cost of having to take down these trees. Mayor Labadie reviewed the options laid out by staff and asked for Council input. Callies moved, Maddy seconded, Approving Option Two for Emerald Ash Borer injections in 2023 and 2024, as presented. Councilmember Zerby asked what treatment would be used and noted that he understands some are better for the bees than others. Public Works Director Morreim reiterated that the plan would be to use the TREE-age R10 chemical and noted that there are two other treatments that are part of the IPM recommendations which would be releasing wasps in the targeted areas which has to be coordinated with the DNR because there are no contractors that really do it so they would be on their own and the other treatment is a chemical that is sourced out of Canada that has no known contractors in the Metro area and would need to be done annually. He explained that this was why staff was recommending the option of using the TREE-age R10 chemical and clarified that if those injections are done safely and effectively, it will have minimal effects on bees and other insects. Councilmember Zerby stated that he has seen this chemical called Tree-azin and asked if it would be used. Public Works Director Morreim stated that it is called TREE-age, but noted that there were some ellipsis’ that he was not sure how to type within his report, but noted the chemicals were the same thing. Councilmember Zerby stated that he believed that they were two different products. Public Works Director Morreim explained that it is possible that the active ingredient name may have a different brand name. Councilmember Zerby explained that he would be in favor of treating them as long as they use the least toxic approach for the bees. Public Works Director Morreim explained that the option he is recommending would not be the least toxic approach and noted that the other two options he reviewed would be. Councilmember Zerby stated that he was not referring to the wasp treatment, but rather the least toxic chemical treatment option. Public Works Director Morreim noted that option would be an annual treatment and right now he would have no idea of what that cost would be. Councilmember Maddy stated that he supported the motion on the table but explained that he did not like the idea of poisoning trees. He stated that follows their earlier discussion about the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 8 of 14 cost and the liability the City has for all the standing trees that will eventually have to go away is substantial and this action just pushes it out a few more years. He stated that he is very interested in what the City will do to begin planting and noted that he believes that the City will eventually move to Option One as they are replaced by a more diverse urban canopy. City Administrator Nevinski noted that it appears as though there are two different chemical products and read aloud their full names. He stated that what he recalls from the IPM report these chemicals were discussed. He explained that as he looks at the Bee Safe resolution that was updated last year, one of the goals was to gradually reduce the use of these chemicals. He stated that what he feels has been brought forward is a plan to target key trees and not a plan to deal with all of the ash trees within the City. Public Works Director Morreim noted that TREE-age is the chemical that was also used two years ago. Councilmember Sanschagrin explained that he would be voting against this because he would like to reallocate these funds for future tree planting of mature trees. Motion passed 3/2 (Sanschagrin and Zerby opposed). 6. PLANNING A. Planning Commission Update Planning Commissioner Gorham gave an overview of the recent Planning Commission meeting, as reflected in the minutes. 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. 2024 Preliminary Budget and Levy Finance Director Rigdon gave an overview of the past meetings and discussion surrounding the proposed 2024 Preliminary Budget and Levy. He explained that in its current form it shows about a 9.3% increase over the 2023 budget. He gave a brief overview of the personnel-related assumptions within the budget and the General Fund revenues/expenditures. He reminded the Council that they were not being asked to approve a final budget tonight and would basically set a maximum budget and levy amount. He explained that the final budget and levy would be adopted in December and can decrease from what is approved tonight, but cannot be increased. He reviewed the taxable market value, tax capacity, the proposed property tax levy and shared examples of how that would affect tax payers based on the valuation of their home. He explained that this resolution must be submitted to the County by September 30, 2023 and reiterated that the Council could choose to decrease the budget and levy, but cannot increase it after this this approved tonight. Mayor Labadie thanked Finance Director Rigdon for his work on the budget and levy. She explained that the Council had a Work Session on August 14, 2023 and on September 11, 2023 where they discussed the budget and levy in great detail. She stated that the Council had thrown CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 9 of 14 a lot of ideas at staff and noted that all of these meetings were open to the public and she felt they involved very fruitful discussions. Councilmember Sanschagrin stated that he would agree that a lot of work has gone into the budget and appreciates the work that has been done by staff. He explained that he had one more suggestion of a place that the City could cut their budget a bit more. He noted that the City usually budgets about $100,000 for legal fees, but historically only uses about $85,000. He suggested that the City make this change and use the difference as either a reduction in the levy or reallocate it to something like Public Works for investment in trees or parks. Councilmember Zerby asked City Clerk/HR Thone how much a tobacco license costs. City Clerk/HR Director Thone stated that a tobacco license is two-hundred fifty dollars and noted that the City had five licensees within the City. Councilmember Zerby stated that he believed it was only shown as a revenue of five hundred dollars in the budget so that should be changed to reflect the accurate number. Councilmember Callies noted that just because something was in the budget did not mean that the City had to actually spend the money. She explained that things like legal fees can be a bit unpredictable and asked City Administrator Nevinski to weigh in on the idea of Councilmember Sanschagrin’s proposed change to legal fees. City Administrator Nevinski stated that if the Council wanted to move some funds around, this would be a good time to do it. Mayor Labadie explained that she was opposed to reducing legal fees because it was not a fee that the City ‘must’ spend. Councilmember Sanschagrin stated that he thought the City was insured against parties litigating against the City. He stated that he felt the legal costs were more about administration of the code and having the attorney available. City Administrator Nevinski explained that part of their insurance does cover legal fees and, in some cases, settlements. He noted that there are deductibles that need to be paid in some situations. Councilmember Sanschagrin asked how much the City’s deductible was. Finance Director Rigdon stated that he believed the deductible was five-thousand dollars. Councilmember Zerby asked if there was more travel anticipated for this year than there was last year. City Administrator Nevinski stated that he was not sure that there was a lot more travel anticipated but noted that they wanted to make sure that the City is investing in staff in terms of professional development. He noted that people are once again starting to gather back together again, but the pandemic did demonstrate some areas of efficiency with on-line options. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 10 of 14 Councilmember Zerby noted that the City has spent less than four-thousand dollars for the last six years on training and travel but have budgeted eight-thousand-five hundred dollars for 2024. He noted that amount would double what it has been over the last six years. He stated that absent any planned travel, he thinks the City could trim a bit from that area of the budget but clarified that he did not want to affect employee morale or their opportunities to travel. City Administrator Nevinski stated that he believed this line item also included money for fireworks. City Clerk/HR Director Thone stated that the fireworks was included in the City Council budget. City Administrator Nevinski noted that he would have to go back and look through the details. Councilmember Zerby noted that he feels in some areas the City just has a cut and paste approach to moving things year to year and reiterated that the actual use was significantly less than what was budgeted. City Administrator Nevinski noted that he believed this encompassed the entire training and travel budget for the Administration department. He cautioned that for the last few years there has not been a whole lot of training or travel for education and conferences due to the pandemic. City Clerk/HR Director Thone explained that this line item also funds the City’s education reimbursement program which is up to three-thousand dollars per employee. She noted that this budget item encompasses all the training and education for the entire administration and finance department staff. She agreed that they did not use much of it over the last few years, for several reasons including the pandemic, but staff feels the proposed amount is a fair and adequate budget to cover the expenses and employees included within it. City Administrator Nevinski stated that this is the preliminary budget and levy and the City had also set the Truth in Taxation hearing for December 11, 2023, 7:00 p.m. at City Hall which would be when the Council sets the final budget. He reiterated the point made earlier by Finance Director Rigdon that what is approved tonight can be decreased at that time, but cannot go any higher than its current amount. Councilmember Zerby noted that this information is listed on the City website under ‘City News’ and includes the timeline and dates for discussion and lists what action the Council would take. He expressed his appreciation to staff for their work to make a bit of a dent in the numbers. Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 23-097, “A Resolution Adopting the Preliminary 2024 General Fund Operating Budget and Property Tax Levy.” Motion passed, 5-0. B. Website Proposals and Recommendations – CivicPlus Presentation Staff resolved an audio/video interruption to the Zoom component of the meeting. Communications and Recycling Coordinator Wilson explained that the City’s current contract with Revize will terminate in March of 2024. He noted that staff took a look at what they felt were the strength and weaknesses of the existing website and also reviewed various other providers to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 11 of 14 explore options for updating the City’s website. He stated that after much consideration, staff was recommending that the City contract with CivicPlus and introduced Mr. Wheeler and Mr. Ortega of CivicPlus. Mr. Wheeler and Mr. Ortega of CivicPlus gave a brief presentation on their company and what the City can expect from using CivicPlus and their platform. They shared examples of other city websites they have been involved with including Woodbury, Golden Valley, and St. Pete Beach. Communications and Recycling Coordinator Wilson explained that staff was asking for Council authorization to begin working to update the City’s website with CivicPlus which will be about a five to six month long process and would allow the new website to be ready to launch by March of 2024. City Administrator Nevinski explained that staff would come back to the Council at a future meeting with an actual contract for these services. Councilmember Maddy asked how the pricing was developed for this and asked if the pricing was determined by population or per whatever modules they choose. Mr. Ortega explained that the pricing was population based and noted that they take care of all of the hosting, security, and maintenance. He noted that one of the things that he feels is a big differentiator between CivicPlus and others is that for every four years of continuous service, the City will receive a completely refreshed website. Mayor Labadie asked Councilmember Zerby for his input based on his experience in this field. Councilmember Zerby stated that he and Communications and Recycling Coordinator Wilson have had conversations about some of the limitations of the City’s current website. He stated that he felt this proposal was a good fit and believes CivicPlus has a lot to offer. He noted that they appear to have possible cyber-attacks under control as well. He stated that he feels this is a worthy endeavor and noted that the website is the number one way most of the residents initially engage with the City. Councilmember Sanschagrin noted that he had gone to some of the cities that have utilized CivicPlus on his phone and found them to be quite mobile friendly. Councilmember Callies noted that she had taken a look at some of the other options and asked if the annual renewal cost for Granicus was correct because it seemed out of line with the others. Communications and Recycling Coordinator Wilson stated that he checked with others that used Granicus and they confirmed that the price point compared to others was significantly higher. Councilmember Callies stated that the websites for the cities that use Granicus are quite user friendly, but agreed that their price seemed pretty high. Communications and Recycling Coordinator Wilson noted that with Granicus there was more ability to do some design components in house, however, that also takes a lot more staff knowledge and time to be able to do the work. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 12 of 14 Councilmember Callies noted that one of the advantages with CivicPlus is ease of registration for activities, classes, and facilities management and stated that she thought the City had just bought a software upgrades in order to do those things separately. City Administrator Nevinski stated that they had purchased the CivicRec software to operate the Park and Recreation facilities. He noted that he was not sure if there would be further integration of those as part of this change or not. Mr. Wheeler stated that CivicRec is a much more advanced platform and will be integrated with the website which means the calendar can easily be shared and available within the portal. He noted that there are other things within the CivicPlus ‘family’ that can be taken advantage of that are along these same lines. Councilmember Callies stated that this appears to be a duplicative service, but noted that relative to the other proposals, the cost from CivicPlus is comparable. City Administrator Nevinski stated that he believes the CivicRec module is more advanced than what they would get with the website. He noted that the City had purchased that module a few months ago because they really needed assistance in scheduling their usage but stated that as things move forward they can evaluate if making a change would make sense. Zerby moved, Sanschagrin seconded, to Accept the Proposal by CivicPlus and Authorize Staff to begin the work to update the City’s website. Motion passed, 5-0. C. Approve Recruitment for LEO – Utility Lead Position Public Works Director Morreim noted that included in his staff report was an overview of the duties for this position in the Public Works Department and what has happened over the last few months. He explained the reasons he was proposing to internally recruit for the Utility Lead position as a promotion. Councilmember Sanschagrin asked if this position would report to Public Works Director Morreim or the Public Works Supervisor. Public Works Director Morreim stated that this position would report to both of them. Councilmember Sanschagrin suggested a word change on the second page of the essential functions of the positions to say that this person must work well and communicate with others ‘especially’ during emergency situations. He asked what the plan would be for interviewing for this position. Public Works Director Morreim noted that he and City Clerk/HR Director Thone had not discussed those specific details yet. He noted that he expects the two of them will meet over the next week or so while the position is being advertised to determine the interview process. Councilmember Callies stated that she thinks this is a really good idea and appreciates that Public Works Director Morreim was looking out for his staff and allowing the opportunity for people to advance internally. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 13 of 14 Callies moved, Labadie seconded, to Approve Internal Recruitment for the Utility Lead position, as presented. Motion passed, 5-0. 9. STAFF AND COUNCIL REPORTS A. Staff 1. Newsletter Plan and Content Calendar Communications and Recycling Coordinator Wilson explained that due to some changes with the budget for the coming year, the Shore Report would be moving to a bi-monthly schedule. He reviewed the proposed draft schedule and encouraged the Council to let him know if they have ideas or comments. 2. Website and Social Media Stats Report Communications and Recycling Coordinator Wilson reviewed some of the basic information gathered related to the website, e-mails, and social media statistics since he has been with the City. Mayor Labadie noted that this is the first time the Council has gotten this kind of report and explained that she found it very interesting to see how people were engaging and interacting with the City. Park and Recreation Director Crossfield stated that last week the City had students from Students Achieve Independent Life (S.A.I.L) out doing park clean-up at Freeman and Badger Park. She noted that it was a very busy weekend at the Shorewood Community and Event Center and reviewed the various rentals which totaled thirty-seven hours and explained that staff all pitched in and helped get everything done. She noted that, so far, they have 60 rentals scheduled for the month of October. She encouraged everyone to remember the various Oktoberfest events that will take place on September 30, 2023. City Administrator Nevinski stated that he felt this past weekend demonstrated the need for the City to have building attendants at the Shorewood Community and Event Center, because it put a big tax on staff. Public Works Director Morreim stated that last Thursday, the drought forecast was released and the County was fully within the ‘severe drought’ category but noted that may change this week because of the recent rain. He stated that the Public Works Department has been working on crack filling and sealing which will be an ongoing/annual activity. He noted that he has gotten two quotes for Buckthorn removal and hopes to bring a recommendation to the Council at an upcoming meeting. He explained that the DNR grant that he had mentioned earlier in the meeting is not a matching grant. City Engineer Budde stated that they held the Open House on the Eureka Road project last week which was well attended. He stated that the Freeman Park trail project is getting underway and noted that they were doing a lot of the removal work and will pour concrete later this week. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 25, 2023 Page 14 of 14 stated that the Strawberry Lane and Birch Bluff projects were basically rained out today, but were making good progress. City Clerk/HR Director Thone expressed her appreciation for staff and volunteers who helped at the recent shred event and noted that there were about seventy cars that participated. She explained that on October 26th they will participate in the Minnetonka High School Fall Volunteer Event, which is similar to a job fair for high school students, to recruit for various city opportunities available including student election judges for the 2024 election season. She stated that she specifically wanted to thank Communications and Recycling Coordinator Wilson for the time and energy he put into securing a new website proposal for the city and for his work on the projects he reported on this evening. City Administrator Nevinski reminded the Council that their next meeting would be held on Tuesday, October 10, 2023 because of Columbus Day. He stated that there will be an upcoming EDA meeting and also a Park Commissioner interview. B. Mayor and City Council Councilmember Maddy noted that October 5, 2023 the Excelsior Fire District will hold an Open House beginning at 5:30 p.m. Councilmember Callies stated that she planned to attend the Excelsior Fire District Open House and noted that her husband would be there cooking hot dogs. Mayor Labadie noted that all five members of the Council were in attendance at the Eureka Road Open House and expressed her appreciation to City Engineer Budde and all the various staff members who were on hand that evening as well. 10. ADJOURN Sanschagrin moved, Maddy seconded, Adjourning the City Council Regular Meeting of September 25, 2023, at 9:28 P.M. Motion passed, 5-0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk Item 2D City Council Meeting Item Title/Subject: LMCIT Insurance Renewal Meeting Date: October 10, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Liability Coverage Wavier Form Background The City Council is required by the League of Minnesota Cities Insurance Trust (LMCIT) to annually decide if they wish to waive or not waive the monetary limits on municipal tort liability insurance established by Minnesota Statute 466.04. The current statutory liability limits are $500,000 per claimant and $1,500,000 per occurrence. The City Council must also make a separate decision whether or not to purchase additional liability insurance from LMCIT. The City Council can do the following: 1. Not waive the statutory tort limits. 2. Waive the statutory limits and not purchase excess liability insurance coverage. 3. Waive the statutory limits and purchase excess liability insurance coverage. Staff recommends the Council not waive statutory tort limits. See attached form that will be sent to LMCIT upon the City Council approving this recommendation. Financial Considerations Traditionally the city has not waived liability limits and purchased additional liability insurance. The proposed 2024 budget includes an amount for additional liability insurance. Action Requested Motion to waive the statutory tort limits and purchase excess liability insurance coverage. A simple majority vote by the Council is required. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Item 2E City Council Meeting Item Title/Subject: Annual Retail Tobacco License Renewals Meeting Date: October 10, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Brenda Pricco, Deputy City Clerk Attachments: Resolution 23-098 Background: Pursuant to Section 302 (Sale of Tobacco) of the Shorewood City Code and the Shorewood Master Fee Schedule, retailers within the city limits who wish to sell tobacco products are required to obtain a license from the city. Shorewood City Code provides that an applicant completes an application and pays a licensing fee to be considered for a city retail tobacco license. The annual renewal period for Tobacco licenses is November 1 through October 31. The following Shorewood Businesses have successfully submitted a complete application, successfully passed a background investigation through South Lake Minnetonka Police Department (SLMPD), paid the current annual tobacco license fee of $250 and are compliant with all requirements for obtaining a tobacco renewal license and have agreed to abide by Shorewood City Code Chapter 302 Sale of tobacco requirements. This section of code includes providing access to the police department during regular business hours and an annual compliance check. Applicant Address Cub Foods #1636 23800 State Highway 7 Holiday Stationstores, LLC 19955 State Highway 7 Lucky’s Station 24365 Smithtown Road Shorewood Smoke Shop Plus 23710 State Highway 7 Jim’s Wine & Spirits 19905 State Highway 7 Shorewood Tobacco, Inc. 19905 State Highway 7 The MN Department of Health provides guidance for limited THC product sales. Low dose (<0.3%) hemp derived THC sales are allowed in Shorewood and the City is not regulating sales. THC products are available to those 21 years of age and older. Sales are limited to 5mg/serving and 50mg/package. Products are required to be located behind the counter and locked. No artificially derived ingredients are currently allowed except for Delta 8 and Delta 9. Violations are reported to the MN Department of Health. Retailers of hemp derived THC are required to be registered with the Minnesota Department of Health. Beginning in 2025, hemp derived THC retailers will also need to obtain a license from the State Office of Cannabis Management and register with the City. Financial Considerations: The licensing fees collected as revenue offset the expense of issuing the permits pursuant to Shorewood City Code Section 1301 (Municipal Fees). Recommendation/Action Requested: Staff respectfully requests the city council approve Resolution 23-098 License Renewals to the Businesses listed above to Sell Tobacco Products for the period of November 1, 2023 through October 31, 2024. Motion, Second, and Simple Majority required. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-098 A RESOLUTION APPROVING ANNUAL RETAIL TOBACCO LICENSE RENEWALS WHEREAS, Sections 302 of the Shorewood City Code provide for the licensing of the sale of tobacco products in the city and requires all licensees comply with the code; and WHEREAS, the Shorewood City Code provides that an applicant shall complete an application, pay a licensing fee, and successfully pass a background investigation; and WHEREAS, the following applicants have satisfactorily completed an application, paid the appropriate fee, and passed a background investigation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the sale of tobacco products be issued for a term commencing on November 1, 2023 and expiring on October 31, 2024, consistent with the requirements and provisions of Chapter 302 of the Shorewood City Code to the following applicants: Applicant Address Cub Foods #1636 23800 State Highway 7 Holiday Stationstores, LLC 19955 State Highway 7 Lucky’s Station 24365 Smithtown Road Shorewood Smoke Shop Plus 23710 State Highway 7 Jim’s Wine & Spirits 19905 State Highway 7 Shorewood Tobacco, Inc. 19905 State Highway 7 ADOPTED by the City Council of the City of Shorewood this 10th day of October 2023. _______________________________ ATTEST: Jennifer Labadie, Mayor ____________________________________ Sandie Thone, City Clerk Item 2G City Council Meeting Item Title/Subject: Approve Website Contract with CivicPlus Meeting Date: October 10, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Jared Shepherd, City Attorney Eric Wilson, Communications Coordinator Attachments: CivicPlus Website Contract Background During this year’s 2024 Budget process the City Council and staff explored the opportunity to consider other website providers pending the March 2024 contract expiration with the city’s current website vendor. The City Council unanimously supported the new website and staff met with, received demonstrations, and proposals from four vendors. At its September 25, 2023 City Council meeting, Shorewood City Council heard and considered a presentation by city staff and CivicPlus representatives, and voted unanimously to approve a proposal by CivicPlus authorizing staff to begin working with them and bring back the Contract for Website Services to the October 10, 2023 City Council meeting for final approval. The CivicPlus Contract including the Statement of Work and the Master Services Agreement has been reviewed by our city attorney’s office. The City Attorney has recommended the City accept the Contract; Statement of Work and Master Services Agreement as written with one cautionary understanding of Section 48. Provision of the Master Services Agreement (in blue): 48. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Customer with written notice describing such change via email or through its website. Customer’s continued use of the Services following such updates constitutes Customer’s acceptance of the same. In the event Customer rejects the update to the terms herein, Customer must notify CivicPlus of its objection within ten (10) days receipt of notice of such update. The city attorney’s office explained the provision is like a double unilateral―they get to make changes as they please AND they get to decide what is a “material alteration” that requires them to notify the City of the changes that they get to make as they please. It is unlikely that CivicPlus would be willing to amend that section of the Agreement, so it is specifically called out for awareness. Since there is only a 10-day window for the City to object, it will require some extra diligence by staff to monitor the contract. With that understanding, the recommendation stands to accept and move forward with the SOW and the Master Services Agreement as written and presented. Website Process Timeline (Tentative; the official timeline will be determined by CivicPlus) October 10-October 31, 2023; PROJECT KICKOFF: Planning and Scheduling Assigning Page Review to Department Staff Create Website Subcommittee November 1-30, 2023; INITIAL REVIEW: Mood Board Layout Content Processing Meeting Design Discovery Page Review Completion December 1, 2023 – January 30, 2024; DESIGN AND CONFIGURE: Design Concept Development Content Development Agenda and Minutes Migration Website Completion February 1-14, 2024; OPTIMIZE: Website Finalization Website Testing Group February 15-29, 2024; EDUCATE: Training March 1-March 15;2024; LAUNCH: Website Launch and Go Live – March 15, 2024 Financial Considerations As presented and approved at the September 25 City Council meeting, the cost for the new website with CivicPlus will be paid utilizing a Cost-Phased-Approach (CPA) which will total $15,598.02 in fiscal year 2024. The cost will be funded from the Administration Contractual Services budget as presented and approved by the city council during the 2024 budget process. As discussed at the budget work session and the September 25 City Council meeting, similar expenditures will occur in 2025 and 2026 as delineated below: Action Requested Motion to approve the Website Contract with CivicPlus as presented and recommended by the City Attorney. Motion, second and simple majority vote is required. 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The city parks include Cathcart Park and Manor Park. Through 2019, the city also had a skating rink and warming house at Freeman Park, but the location was not utilized frequently and had several logistical and problematic issues therefore was discontinued. To operate the warming house facilities at the above parks, the city hires seasonal employees to serve as ice rink attendants. The skating rinks typically open as early in the season as is physically possible with winter conditions for rink flooding. Once the rinks are completed, weather permitting, the warming houses at the parks have historically supported the hours of Monday through Friday from 3:30 p.m. to 9:00 p.m., Saturday from 11:00 a.m. to 9:00 p.m. and Sunday from Noon to 9:00 p.m. and extended hours on planned school closure days such as holidays or workshop days from 10:00 a.m. to 9:00 p.m. The City has employed as few as two and up to 10 rink attendants to ensure the warming houses are open for skaters. Staff is expecting several rink attendants from the 2022-2023 skating season to return to the positions and are hopeful for the recruitment of additional rink attendants. Rink Attendants are required to pass a National Child Protection Act (NCPA) BCA background check before being employed in this capacity. Financial Considerations: The position is classified on the city’s compensation schedule as Grade 1 with a pay range of $13.23 to $19.84 per hour. Action Requested: Staff respectfully recommend the city council approve the seasonal recruitment for ice skating rink attendants to staff the city’s warming houses during the upcoming skating season. Motion, second and simple majority vote required. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City Council Meeting Item Item Title/Subject: Adopt Resolution Approving a Special Assessment 2I 26370 Peach Circle Meeting Date: October 10, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Assessment Agreement Resolution Approving and Adopting a Special Assessment Background: To assist in managing the cost of connecting to City water, the City allows homeowners to request the water access charge (WAC) of $10,000 be specially assessed to their property and paid through property taxes through an assessment agreement. The owners of 26370 Peach Circle wish to enter into such an assessment agreement pursuant to Minnesota Statutes Chapter 429. The special assessment will be certified to taxes and will be payable in five annual installments beginning in 2024 at an interest rate of 5.0%. The assessment will run with the property and the owner may pay off the assessment balance at any time. The owners also waive any rights to appeal the assessment, and the agreement will be recorded against the property. Financial or Budget Considerations: Connecting to City water provides revenue which supports the City’s water utility fund. Action Requested: Motion to adopt the resolution approving and adopting a special assessment agreement for 26370 Peach Circle, Shorewood, Minnesota and authorizing the Mayor to sign the assessment agreement. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 ASSESSMENT AGREEMENT THIS AGREEMENT is made this 10th day of October, 2023, by and between the City of Shorewood (SHOREWOOD), a municipal corporation organized under the laws of the State of Minnesota, located at 5755 Country Club Road, Shorewood, MN 55331 and Dirk Koeing and Heather McMullen (OWNER). RECITALS WHEREAS, the OWNER is the owner of the real property located at: 26370 Peach Circle, Shorewood, MN, 55331; PID: 32-117-23-42-0021, legally described as follows: (“SUBJECT PROPERTY”) Lot 2, Block 1, Strawberry Fields 2nd Addition, Hennepin County, Minnesota W HEREAS, the OWNER desires to connect to the municipal water supply; and, WHEREAS, the present Water Access Charge is $10,000; and WHEREAS, the OWNER requests that the full amount of the Water Access charge be assessed against the SUBJECT PROPERTY pursuant to Minn. Stat. Ch. 429. AGREEMENT NOW THEREFORE, pursuant to the mutual agreements provided herein, it is agreed by and between the CITY and the OWNER as follows: 1. The OWNER represents and warrants that he is the OWNER of the SUBJECT PROPERTY and that he has full legal authority to encumber the SUBJECT PROPERTY and that as of the date of the execution of this agreement, the OWNER has fee title to the SUBJECT PROPERTY subject only to the liens, interests or encumbrances of record. 225849v1 2. The OWNER understands and requests that the City levy the Water Access Charge assessed against the PROPERTY in the amount of $10,000.00 (“Assessment”). 3. The OWNER understands and agrees that SHOREWOOD will provide that the Assessment is payable in five (5) annual installments without deferment and will bear an interest rate of five (5.0) percent per annum. The Assessment shall be deemed adopted on the date this Agreement has been signed by all parties. The installments shall begin with taxes paid in 2024 and collected with the ad valorem taxes at the times due as determined by Hennepin County. 4. The OWNER agrees that the covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the OWNER and shall encumber the PROPERTY in accordance with the agreements described herein. 5. The OWNER its successors and assigns, waives any and all procedural and substantive objections to the Assessment including but not limited to public hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 6. The OWNER, its successors and assigns, hereby unconditionally releases and forever discharges the City, its elected officials, employees, agents and insurers from any and all claims and causes of action of whatever kind or nature that is in any way connected with the Assessment. This Agreement shall be binding upon Property Owner and its successors and assigns. This Agreement shall run with the land and may be recorded against the title to the Subject Property. \[Remainder of page is intentionally left blank. Signature pages follow.\] 225849v1 OWNER By: ______________________________________ Date: _________________________ By: ______________________________________ Date: _________________________ CITY OF SHOREWOOD By: ______________________________________ Date: _________________________ Its _____________________________ By: ______________________________________ Date: _________________________ Its _____________________________ STATE OF MINNESOTA ) ) SS: COUNTY OF HENNEPIN ) The foregoing ASSESSMENT AGREEMENT dated _________________________ was sworn and subscribed before me in person this ____ day of _________________, 20__ by ___________________ _______________________ and _______________________________. __________________________________ Notary Public STATE OF MINNESOTA ) ) SS: COUNTY OF HENNEPIN ) The foregoing ASSESSMENT AGREEMENT dated _________________________ was sworn and subscribed before me in person this ____ day of _________________, 20__ by Jennifer Labadie, Mayor, and by Sandie Thone, City Clerk of the City of Shorewood (a Minnesota Municipal Corporation), who are personally known to me, on behalf of the Corporation and pursuant to the authority of the City Council. ____________________________________ Notary Public 225849v1 CITY OF SHOREWOOD RESOLUTION NO. 23-101 A RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT WHEREAS, Dirk Koenig and Heather McMullen, (“Owner”) has requested that the Shorewood City Council specially assess water access charges that affect Owners’ property at 26370 Peach Circle, Shorewood, Minnesota (PID 32-117-23-42-0021) and legally described in Exhibit A attached hereto (“Subject Property”); and WHEREAS, the City has received the following signed Assessment Agreement, Exhibit B attached hereto, waiving all applicable assessment procedural requirements and requesting to be assessed for the water access charge in the amount itemized therein for the Subject Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The signed Assessment Agreement is hereby accepted and approved. 2. The water access charge amounting to $10,000.00 is hereby adopted and shall constitute a special assessment against the Subject Property and hereby made part of this Resolution by reference and that the tract of land therein included is hereby found to be benefited by the charge and connection to municipal water in the amount of the assessment levied against it. 3. Such assessment shall be payable in equal annual installments without deferment extending over a period of five (5) years, the first of the installments to be payable with taxes paid in 2024 and shall bear the interest rate of 5.0% per annum. 4. The Owners, at any time prior to certification of the assessment to the County Auditor, may pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and such owner may at any time thereafter, pay the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Owners may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 225851v1 5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. th Adopted by the City Council of the City of Shorewood this 10 day of October, 2023. ___________________________ Mayor Jennifer Labadie ATTEST ______________________________ Sandie Thone, City Clerk 225851v1 Exhibit A Legal Description Lot 2, Block 1, Strawberry Fields 2nd Addition, Hennepin County, Minnesota 225851v1 Exhibit B \[Assessment Agreement\] 225851v1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-102 A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH PROPERTY AT 5880 PRESTWICK COURT WHEREAS, the City of Shorewood is a Minnesota municipal corporation operating as a statutory city under the laws of the State of Minnesota; and WHEREAS, Justin Krein and Bridge Krein, the property owners located at 5880 Prestwick Court rd (Lot 4, Block 1, Minnetonka Country Club 3 Addition) within the City of Shorewood; and WHEREAS, the property includes a drainage and utility easement around its perimeter; and WHEREAS, the property owner proposes to construct a fire pit and patio partially within the property and partially within the drainage and utility easement, generally located on the northwest side. 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Civil Site Group, PC • 5000 Glenwood Ave • Golden Valley• Minnesota • 55442 www.CivilSiteGroup.com • (612) 615-0060 City Council Meeting Item Item Title/Subject: Eureka Road Open House Report; City Project 23-01 7A Meeting Date: Tuesday October 10, 2023 Prepared by: Andrew Budde, City Engineer Reviewed by: Marc Nevinski, City Administrator Matt Morreim, Director of Public Works Attachments: Open House Comments Background: Thursday September 21, 2023, the city held an Open House for the proposed Eureka Road Improvements that is scheduled for 2025 construction in the Capital Improvement Plan. The city had previously authorized the preparation of a scoping study to gather information along the roadway, complete public engagement, present alternatives, and ultimately provide a recommendation. In March 2023 a petition was received by the city that was signed by approximately 40 residents that they want the roadway resurfaced in 2023 due to its poor condition and they don’t want the roadway widened, addition of curb & gutter, addition of sidewalk, tree removal, or the city to acquire easements if needed for those improvements. The council directed staff to pause on completing the scoping study and to prepare information for an Open House and online engagement to gather input from residents on the project. To minimize efforts, staff prepared two options for discussion at the Open House and were prepared to hear concerns and answer questions related to the project on a one-on-one basis with individual residents. The two options presented were as follows: Option 1:) Reclamation with addition of curb & sidewalk on the east side Option 2:) Mill & overlay and no curb or sidewalk The large majority (approx. 3/4 or more) of input at the open house and gathered through the online engagement stated that they were not in favor of adding a sidewalk, did not want to remove trees, and were in support of Option 2. The summary of all the online comments are attached. Some additional feedback from the open house was that there may be some “middle” of the road solutions that would help extend the pavement life better than a mill & overlay and that this could possibly be accomplished without taking of trees. There were also a couple of residents that expressed drainage related concerns adjacent to their property. Also, several residents in attendance wanted a presentation of the information at a future meeting. Potential Next Steps: Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 1. Prepare information for a “middle” of the road option. This would most likely be a roadway reclamation that adds curb and gutter where drainage concerns exist. Most of the front yards along the roadway already drain toward the street and have portions of bituminous curb. The city would typically install concrete curb & gutter in these areas to be a permanent solution or require a ditch to allow water to drain in turf areas and not at the edge of the pavement which prematurely deteriorates the pavement. 2. Prepare information to evaluate an on roadway dedicated walking/biking lane. This is not very common, but there is guidance for low speed, low volume, rural roadways. 3. Provide more clarity on the difference between a full street reconstruction as was required for Birch Bluff Rd/Strawberry Lane vs. a pavement reclamation vs. mill & overlay as is proposed for the two options on Eureka Road. This would include life cycle costs. 4. Update the online engagement tools with the above information and provide an additional open house with a presentation in November 2023. Financial or Budget Considerations: To complete the four items listed above it is estimated to approximately $6000 in fees or 30 hours. Action Requested: Staff is seeking guidance and direction from council on potential next steps to advance the scoping efforts for the Eureka Road Improvements project.