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10-10-23 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 10, 2023 MINUTES CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie called the meeting to order at 7:02 P.M. and announced that the City was having a problem with their Zoom video connection. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Park and Recreation Director Crossfield; and, City Engineer Budde Absent: None C. Review Agenda Councilmember Sanschagrin asked to add an item under New Business — Appointment of Parks Commissioner. Maddy moved, Zerby seconded, approving the agenda, as amended. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. City Administrator Nevinski explained that there was a typographical error on item D and should state `to not waive'. He noted that related to item G, within the quote there is a hyperlink that would take them to the Master Services Agreement, which he did not feel was very clear in the staff memo. He explained that he wanted to call that out in case it was not clear and noted that they had also provided copies of it for the Council. Councilmember Sanschagrin asked to remove items D and F for separate discussion. Councilmember Callies asked to remove item G for separate discussion. 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 25, 2023 B. City Council Regular Meeting Minutes of September 25, 2023 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 2 of 10 C. Approval of the Verified Claims List (moved to 8.13) E. Approve Retail Tobacco License Renewals, Adopting RESOLUTION NO. 23- 098, "A Resolution Approving Annual Retail Tobacco License Renewal." F. AppFeve Resolution of Support Mill Street Trail and Water -main Cap" Bending Request (moved to 8.C) (moved to 8.D) H. Approve Recruitment for Seasonal Rink Attendants I. Approve WAC Assessment Agreement for 26370 Peach Circle, Adopting RESOLUTION NO. 23-101, "A Resolution Approving and Adopting a Special Assessment." J. Encroachment Agreement for 5880 Prestwick Court, Adopting RESOLUTION NO. 23-102, "A Resolution Approving an Encroachment Agreement with Property at5880 Prestwick Court" K. Approve HVAC Maintenance Agreement Motion passed. 3. MATTERS FROM THE FLOOR Patricia Arnst 5480 Teal Circle explained that she was here tonight to discuss Indigenous People's Day. She noted that the State legislator had recently passed a law that eliminates Columbus Day and noted that the City website has a few references still in place and asked that they make the necessary changes to follow the correct terminology for this holiday. Mayor Labadie directed staff to ensure that the City's information matches the State information and terminology. 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING A. Review Agreements Related to Lake Park Villas Applicant: TSML Properties Location: 24250 and 24320 Smithtown Road Planning Director Darling gave an overview of the proposed Development and PUD Agreement; Joint Service Agreement; Stormwater Maintenance Agreement; and the Private Street and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 3 of 10 Encroachment Agreement. She reviewed proposed changes to the language in various parts of the agreement. Councilmember Zerby noted that he would also like to proposed some language changes under the Development and PUD agreement and explained that he would like to see daily clean-up of the roads during the excavation process. Councilmember Callies referenced paragraph 18 where she believes there was a discrepancy and a typographical error. She stated that many of the plans are listed within the approvals, but then time goes on and no one is able to find the plans and asked that the work to ensure that somewhere in the City there is a whole document that has all this information in one place. She stated that she does not want it to be a situation where those plans disappear ten years down the road when someone wants to make an amendment. Planning Director Darling stated that she agreed with Councilmember Callies and explained that she usually puts them in permanent storage immediately following their approval. Councilmember Sanschagrin asked about the process of deciding which city would provide which utility service. Planning Director Darling explained that there were extensive discussions between the two cities and noted, for example, that Tonka Bay has a watermain within a few feet of the property. She outlined some of the other factors in determining the utility choices and clarified that they were simply working towards efficiency. Mayor Labadie confirmed that the City of Tonka Bay was also reviewing these agreements at their city council meeting tonight. Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 23-103, "A Resolution Approving the Agreements Related to Lake Park Villas at 24250 and 24320 Smithtown Road", with the modifications as discussed during the meeting, and authorizing the Mayor and city to execute them in a form approved by the city attorneys. Motion passed. 7. ENGINEERING/PUBLIC WORKS A. Eureka Road Open House Report City Engineer Budde explained that on September 21, 2023 the City held an Open House for proposed improvements on Eureka Road which was scheduled for 2025 construction within the CIP. He noted that in March of 2023 a petition was received by the City which had been signed by about forty residents informing the City that they wanted the roadway resurfaced in 2024 due to its poor condition. He stated that they also communicated that they did not want other work such as curb and gutter or widening to occur. He explained that based on this feedback the Council had directed staff to pause on completion of the scoping study for this project until they could engage in additional public engagement. He stated that for the Open House, staff prepared two options for consideration: Option One — Reclamation with addition of curb and sidewalk on the east side or Option Two — Mill and overlay and no curb or sidewalk. He noted that about three -fourths of the feedback from the Open House was in favor of not adding a sidewalk, not removing trees, and were generally in support of Option Two. He noted that there was some discussion at the open house of some type of `middle of the road' option that would provide a bit CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 4 of 10 more robust of a fix for the roadway than a mill and overlay. He reviewed some of the feedback they received about drainage issues in the area and the desire for a presentation on the information and explained that staff was looking for direction from the Council on this project. Councilmember Zerby stated that he would like to move forward with the option presented that updates the online engagement tools and provide additional open house with a presentation in November 2023. He stated that he feels they owe it to the residents to have a better presentation and does not want the City to simply spin their wheels without getting this additional feedback from the residents. Mayor Labadie noted that it was a well -attended open house and in addition to residents all five Councilmembers as well as many staff members were present. She noted that there was a large portion of individuals who felt strongly about the desire for another presentation or Open House. She noted that she feels there is time to examine this more closely and noted that the Open House got heated at times and thinks that resetting and starting over may be beneficial. She noted that included in the packet was fifteen pages of comments, so the online, interactive method of communication appears to be working. She stated that the City also received several letters and emails that were also included in the packet. Councilmember Sanschagrin stated that some of the specific feedback he heard was that they would have liked to have some time of presentation in the beginning and that the start time may have been a bit too early. Councilmember Callies stated that she agreed with the idea of having a more formal presentation but feels that City Engineer Budde is asking for additional guidance from the Council on the specific things outlined in his report. She stated that she thinks they need to hone in a bit on what it is they want at the presentation and not just expect him to come up with an infinite number of possibilities. Councilmember Zerby noted that he thinks some of this information can just be done generically, for example, show pictures of roads in the City that have the hybrid or curb and gutter and still have bituminous edge without actually drilling down and looking at it address by address or be able to show what a dedicating biking/walking lane would look like on a road. He stated that he thinks there needs to be more of a presentation made, but that it also include more information. He gave the example of the terms reclamation versus reconstruction that the Council may be familiar with, but may not be things that the general public would immediately be able to understand what the difference would be which could be explained during the presentation. He reiterated that he did not think they needed to dig into each individual address and decide how the individual drainage issues would be addressed. Mayor Labadie stated that she agreed and noted that they had received a request for this work to be done in the summer of 2024 however the City has put together its budget and this project was not included. She stated that information should be explained to the residents so they understand the planning and budget process and timeline. Councilmember Callies stated that she likes the idea of exploring a rural type pathway to help address safety concerns without having to have a huge sidewalk. City Engineer Budde stated that whatever direction the Council gives, they are prepared to hold another Open House in November. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 5 of 10 Councilmember Maddy explained that what he would like to see is a list of generic options, for example, reclaim with a sidewalk, only mill and overlay, or a dedicated non -auto lane which rough life -cycle costs attached to each option. Councilmember Zerby noted that he did not think the term `Open House' was the correct one to be used in this instance and referenced other communities who have called this a `Street Improvement Neighborhood Meeting' and suggested that may be something the City considers as well. Mayor Labadie stated that she liked that terminology much better than 'open house' and asked if they could make that change. The Council discussed the possible format and expectations for a street improvement neighborhood meeting. City Engineer Budde stated that the direction he felt the Council was giving was to do everything outlined in the staff report except for the focus on the drainage issues. He stated that he would suggest that they push this information out online prior to the meeting in order for people to have time to absorb the information before the meeting. The Council discussed changing the time to be slightly later to begin at 6:00 p.m. rather than 5:00 p.m. 8. GENERAL/NEW BUSINESS A. Appointment of Park Commissioner Councilmember Sanschagrin explained that the Council had interviewed Michelle DeGruttulo during the earlier Work Session meeting and noted that they had found her to be a strong candidate who they felt would be a strong asset for the Park Commission. He explained the discussion of appointing her to serve a term that would end on February of 2027. Sanschagrin moved, Callies seconded, Appointing Michelee DeGruttulo to serve as Park Commissioner with a term to expire February 2027, as discussed. Motion passed. B. LMCIT Liability Coverage Waiver City Administrator Nevinski explained that as staff was in the process of doing the annual insurance renewal, one of the things that needs to come directly to the Council is the decision on whether or not to waive the statutory tort limits. He explained that generally, cities do not waive those limits and clarified that staff is recommending that the City not waive the statutory limits. He noted that they were also recommending that they consider purchasing excess liability insurance coverage. Mayor Labadie sked City Attorney Shepherd to weigh in on this issue. City Attorney Shepherd explained that the reason for this recommendation as around the idea is that if the City waives those limits, someone could come in and bring a suit and get more than the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 6 of 10 statutory limits and reiterated that as City Administrator Nevinski stated, almost all cities choose not to waive those limits, which is what they are recommending as well. Councilmember Sanschagrin stated that he agrees that the City should choose not to waive those limits but noted that he would like to know the cost of the additional liability coverage that was being recommended. City Administrator Nevinski stated that if the City waived the tort limits and purchase additional liability insurance, the premium would increase by about three point five percent (3.5%) but noted that he was still waiting for a quote on adding additional liability. Councilmember Maddy asked if the Council was being asked to make a decision on additional liability coverage tonight. City Administrator Nevinski stated that he was working under the assumption that the cost for this increased coverage will be nominal and the plan, unless the Council said not to do it, would be to move forward and incorporate it into the budget. Callies moved, Maddy seconded, that the City not waive the statutory tort limits related to the LMCIT Liability Coverage. Motion passed. Councilmember Sanschagrin stated that he was not sure that he felt that he had enough information regarding the recommended additional liability coverage. City Administrator Nevinski noted that the City has typically purchased excess liability coverage and noted that the only question is whether they want to increase it from one million to two million. He reiterated that his expectation was that making this change will fall within the existing budget and that they would look for the advice of their counsel and insurance agent. Councilmember Sanschagrin stated that with the idea of potential cost savings, he would like to have the option of not getting the additional coverage, if it doesn't make sense financially. He stated that he understands that City Administrator Nevinski is saying that it probably will make financial sense, but it is hard to make that determination without having the information in front of him. Councilmember Maddy asked if those final numbers could be brought back before the Council at a future meeting. City Administrator Nevinski stated that he believed the policy expires sometime in November. Councilmember Callies asked about the history of this issue and if the City had used the excess liability coverage. City Administrator Nevinski explained that the budgets and operations have been increasing, so having some additional coverage probably makes sense. He noted that he thinks they can bring this information back for Council consideration. Councilmember Callies stated that she did not want the Council to end up being penny wise and pound foolish and explained that staff had looked into this and were recommending some additional insurance. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 7 of 10 City Administrator Nevinski clarified that this issue was not really before the Council for a decision tonight and was intended as something that staff was informing the Council about looking into. The Council agreed to have this information come back to the Council for review when the quotes are received. C. Approve Resolution of Support Mill Street Trail and Watermain Capital Bonding Request, Planning Director Darling explained that staff had submitted a request to the Capital Bonding project in order to help fund the Mill Street Trail and Watermain project. She noted that the bonding is for fifty percent of the cost of the project, including inflation. She stated that required, as part of this request, is a resolution of support from the City Council. Councilmember Sanschagrin stated that he wanted to point out an issue that he was made aware of that could impact the City's approach on water projects. He read aloud language that stated that if an improvement is ordered by the Council, benefitting properties shall be assessed pursuant to the procedures put forth under Minn. Statute Section 429. He stated that his question is, given this language, whether the City was able to fund water projects through debt and if they would be required to assess the properties that are benefitting. City Administrator Nevinski stated that within City code, it does appear that there is language that says that if improvements are made, they `shall' be assessed. He stated that they need to look into this more closely and take a look at what has happened because the City has, historically not assessed for projects. He noted that it seemed a bit odd that the City would `handcuff' itself that way without giving some options on how they fund a project. Councilmember Maddy asked if this was taking about the water access charge or something more related to the construction. City Administrator Nevinski stated that he thought it was talking about the actual improvement and not just the connection. City Attorney Shepherd referenced City Code 903.18 Water Improvement Process. He noted that he has not seen anything like this before and while he felt it was confusing, he was not sure it would hamstring the City's ability to enact the resolution in front of the Councill tonight, but noted that they did think they should look into this moving forward. Planning Director Darling explained that without this resolution, the City would essentially be tossed out of consideration for this project. Maddy moved, Callies seconded, to Approve Resolution of Support for Mill Street Trail and Watermain Capital Bonding Request, Adopting RESOLUTION NO.23-100, "A Resolution of Support for the Mill Street Trail Corridor and Watermain Project." Motion passed. Mayor Labadie noted that staff had been directed to look at this portion of the City Code and bring it back to the Council for further discussion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 8 of 10 D. Approve Website Contract with CivicPlus City Clerk/HR Director Thone stated that the Council, at their September 25, 2023 meeting had supported moving forward with CivicPlus for the new City website. She explained that this item is the actual contract with CivicPlus and noted that the City Attorney has reviewed the contract and has recommended approval, as it has been presented. She noted one area that the city attorney's office highlighted in the contract and that was explained in the staff report was regarding Section 48 and noted that they had highlighted it because they wanted staff to be aware of this section because it includes a timeline to respond and although they stated it would unlikely that CivicPlus would remove this language, it should be noted so staff is aware of it. Thone noted that if this contract is approved, there was a tentative timeline of what the City can expect moving forward that was included in the packet. She explained that it is a pretty aggressive timeline because the City's current contract with the current provider expires in March. Councilmember Callies explained that she had asked that this item be removed from the Consent Agenda because she had a number of questions. She stated that she understands that what is presented appears to be CivicPlus' standard contract but asked if anyone had asked them about this section and the included language. City Attorney Shepherd stated that he was not sure because Amy Schmidt in his office was working on this contract. City Clerk/HR Director Thone clarified that Ms. Schmidt's message to the City was that this language would typically not be removed and reiterated that she just wanted staff to be aware of it. City Attorney Shepherd stated that it appears as though the question was not asked, but they can go back and ask. He stated that he would agree that if there is a master agreement such as this, they are usually not inclined to make changes. He noted that he does believe that there was one that happened within Public Works that was along these same kind of lines and they were able to make a few tweaks to it. Councilmember Callies stated that the other point she noticed in that paragraph there is a provision that the City would have to notify CivicPlus within ten days and if the City continues to use the service following the updates, which they will not know about right away, would be considered acceptance, which seems to be outside of the ten day time period. She stated that this seems like an onerous provision in her opinion. City Attorney Shepherd stated that he understood her concerns but suspects that they would interpret it to be after the ten days, but agrees that this has not been particularly artfully drafted. Councilmember Sanschagrin asked if staff had spoken with other cities that may have had issues with this clause. City Clerk/HR Director Thone stated that they had not heard about any issues from other cities. She noted that it does say that they will give the City written notice. Councilmember Maddy expressed concern that it could just be a pop up in an end user licensing agreement update that says `do you agree' as it gives you thirty pages of material to read, because nobody ever actually reads it. He noted that he did not like the company for pushing this particular CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 9 of 10 item on the City, but understood it was probably fairly common. He stated that perhaps if they end up doing something malicious to the City, then they will just have to let every other city know what they have done. He stated that while he does not like this, he understand that this is how it works. City Clerk/HR Director Thone stated that CivicPlus has a good reputation, and a lot of major cities use their services. She stated they have a good reputation to maintain and doubts they would abuse this. Councilmember Zerby agreed, stating he has no concerns regarding this contract. Callies moved, Sanschagrin seconded, to approve the Website Contract with CivicPlus, as presented. Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff Park and Recreation Director Crossfield stated that the CivicRec program is up and running for activity and shelter registration. She noted that they hosted the Oktoberfest activities last weekend where they had about four hundred people in attendance and noted that the Excelsior Rotary Club estimates were for about two -thousand people for their portion of the event. Mayor Labadie stated that she felt the Oktoberfest event was a really nice event for the City and people from many age groups and thanked staff for their efforts. City Engineer Budde stated that the water filter portion of the Smithtown Pond project was being constructed this week. He stated that curb is down for the Birch Bluff project and plans are to pave this week, weather permitting. He noted that curb and gutter were placed today for Strawberry Lane and they hope to have most of the concrete finished by the end of the week. Councilmember Callies noted that she had seen a sign indicating that Radisson Road would be closed next week. City Administrator Nevinski noted that the City had just received word earlier today about that closure and explained that it was due to Lift Station #11. He noted that he believes information will be distributed door to door about this planned closure. Planning Director Darling stated that the Met Council has accepted the City's Comprehensive Plan as a complete document and began their review. She stated that thus far, it has passed their review and she anticipates that it will be an item on their consent agenda later in the month. She stated that the first deer management hunt will be held this coming weekend to assist in culling the City's herd. City Clerk/HR Director Thone gave an update on the meeting technology plans to address staffing and technical issues. She noted that the annual audit for Laserfiche will occur next week and stated that there will also be some additional training for staff. She stated that annual benefits open enrollment meeting for City staff is in about a week. She stated that the City will be having its first BCA audit on November 1. City Administrator Nevinski stated that there is a buckthorn removal meeting at Eddy Station on October 17, 2023 at 5:00 p.m. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 10, 2023 Page 10 of 10 B. Mayor and City Council Councilmember Zerby attended the Excelsior Fire District Fire Prevention Open House and noted that he enjoyed his interaction with the SLMPD. Councilmember Sanschagrin stated that he had also attended the Fire Prevention Open House and the Oktoberfest festivities. He thanked staff for all their work putting together such a great event. Councilmember Maddy stated that he was able to attend a portion of the Oktoberfest activities as well as the Open House. Councilmember Callies noted that she also attended the Fire Prevention Open House which is always a great event. She stated that she was able to stop in at Oktoberfest and feels that there was a good turn out and people enjoyed themselves. She noted that she had also attended the Planning Commission meeting last week. Mayor Labadie stated that girl scouts who were donating a compost bin to the community garden have completed their project and noted that they had it on display at Oktoberfest. She stated that every Friday she does something called Shorewood Friday Focus on Facebook. She explained that it was recently brought to her attend that Ryan Brant from the Public Works Department had recently participated in two divisions of the Minnesota Recreation Park Association Annual Maintenance Rodeo. She stated that Mr. Brant took second place in the zero turn mower agility course and placed in the top five of the skid steer skills course. She stated that Mr. Brant is the youngest member in the department. 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. Maddy moved, Zerby seconded, to move into 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. Motion passed. 11. ADJOURN Maddy moved, Labadie seconded, Adjourning the City Council Regular Meeting of October 10, 2023, at 9:13 P.M. Motion passed. ATTEST: Jennifer Labadie, Mayor Sanie Thone, Ci y Clerk