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11-13-23 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 13, 2023 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie called the meeting to order at 7:00 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield; and, City Engineer Budde Absent: None C. Review Agenda Zerby moved, Maddy seconded, approving the agenda, as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Callies moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of October 23, 2023 B. Approval of the Verified Claims List C. Assign Development Contract for Excelsior Woods. Adopting RESOLUTION NO. 23-109, "A Resolution Authorizing the Assignment of the Development Agreement for Excelsior Woods Located at 20325 Excelsior Boulevard." D. Approve Independent Contract with Roots and Wings Therapeutic Services, LLC E. Approve SCEC Attendant Hires F. Approve Memorandum of Agreement for AFSCME Members CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2023 Page 2 of 8 G. Utility Operate Pay Issue, Adopting RESOLUTION NO.23-110, "A Resolution to Pay Utility Operators Backpay to Resolve Utility Operate Pay Discrepancy" H. Approve Timesaver's Addendum to Recording Secretary Services Agreement for 2024 I. Approve Food Truck Permit for SCEC Rental, Adopting RESOLUTION NO. 23-111, "A Resolution Granting a Food Truck Permit for a Private Rental at Shorewood Community and Event Center" J. WAC Assessment Report, Adopting RESOLUTION NO.23-112, A Resolution Certifying Special Assessments on the 2024 Hennepin County Property Tax Rolls" K. Approve WAC Assessment Agreement for 26625 Strawberry Court, Adopting RESOLUTION NO. 23-113, "A Resolution Approving and Adopting a Special Assessment." Motion passed. 3. MATTERS FROM THE FLOOR Steve Klimowicz 26135 Shorewood Oaks Drive noted that he wanted to comment on items related to the buckthorn initiative related to chemical applications, contractor obligations, the DWP fire department burning, and the long-term plan. He noted that the product Garlon 4 can be harmful to aquatic life and is discouraged around wetlands and he feels that the City should reconsider its use around site three in Freeman Park. He stated that he would like to ensure that the community has advance warning and that signing be posted prior to spraying. He asked that the contractor not block any of the existing trails when they clear cut and stack the buckthorn. He noted that if the contractor does any damage the trail system, especially in the wooded area, that it be repaired back to its original state. He stated the community would like to have advance notice about when the DWP fire burning will take place. He stated that the DNR has stated that follow up is critical and it was also expressed at the meeting at Eddy Station that there was a need for long term planning and funding. Mayor Labadie thanked Mr. Klimowicz for his comments and explained that staff would look into them and report back at a future meeting. Barry Brown, 6050 Burlwood Court, stated that he feels there are still a number of unanswered questions regarding buckthorn removal and feels that there was conflicting information that came from the community meeting on October 13, 2023. He explained that they were told that the stems of the buckthorn would be cut back and would need to be sprayed within two hours. He stated that the project proposal says that Garlon 4 is considered a post -emergency herbicide, which means the plant has to be growing and must be applied during active growth periods. He asked when the contractor would be spraying this product and noted in their last proposal they were to come back twice. He asked how close to the pond or wetland areas would the contractor be spraying and if there would be a silt fence around the pond. He noted that the wetland water by Shorewood Ponds runs directly into the new Smithtown Ponds which he has been told replenish the aquifers and move directly into Lake Minnetonka. He asked how this would be treated since CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2023 Page 3 of 8 there is a stickiness to this herbicide. He stated that the hard costs for the fire department were not included in the proposal, nor were the soft costs of things like Public Works employees, Mayor Labadie suggested that Mr. Brown provide his list of items to the City for further investigation. Mr. Brown stated that he can do that and noted that he also has EPA sources listed that discuss the things he has mentioned. 4. REPORTS AND PRESENTATIONS Motion passed. 5. PARKS A. Report by Commissioner Hirner on October 24, 2023 Park Commission Meeting Mayor Labadie noted that Parks Commissioner Hirner was not present and asked Parks and Recreation Director Crossfield to give an update to the Council. Park and Recreation Director Crossfield gave an overview of the October 24, 2023 Park Commission meeting as outlined in the meeting minutes. B. Consider Quote for Buckthorn Removal Contract for Freeman Park Public Works Director Morreim reviewed the project history, schedule, public input, project details, quotes and proposed contract for the buckthorn removal in Freeman Park. Councilmember Sanschagrin stated that his understanding is that the City is required to include some type of chemical treatment as part of the grant. Public Works Director Morreim explained that he would have to check on that detail. Councilmember Sanschagrin asked if the City had considered any options other than the Garlon 4 product and asked if it would be sprayed or applied. Public Works Director Morreim stated that Gralon 4 was the recommended product form the DNR and explained that the proposal outlines that the product would be applied to the stumps. Councilmember Sanschagrin stated that the Council was presented with information tonight about Garlon 4 needing to be applied at certain times of the year and explained that he would like to have more information on that detail as well as the concerns raised about the proximity to the wetlands. Public Works Director Morreim stated that he would need to follow up on that information. Councilmember Zerby noted that it feels like there are still a lot of unanswered questions and asked if there was a timeline for accepting this proposal. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2023 Page 4 of 8 Public Works Director Morreim he stated that if the Council needed to push a decision back in order to get answers to their questions it would just push back the start date of any treatment, but noted that because there is not a contract, they were not included on the contractors schedule yet. Councilmember Zerby asked if Public Works would be in attendance to supervise the process of the removal and treatment. Public Works Director Morreim confirmed that Public Works would be present to supervise. Councilmember Zerby asked if use of this chemical fell in line with the City's Integrated Pest Management (IPM) program. Public Works Director Morreim explained that spot treating with it would fall in line with the City's IPM. Mayor Labadie stated that at one point they had talked about utilizing the Fire Department and placing the material in piles and burning them and in this proposal that does not appear to be part of the plans and asked why that had changed. Public Works Director Morreim stated that the proposal was using more mechanical methods so there will not be a whole lot left to stack and will basically be mulched up instead of burned. Mayor Labadie stated that she felt Councilmember Zerby made a good point with the question about the timing because she agreed that there are still a lot of open-ended questions remaining. She noted that she understood that there was a deadline for removal related to the grant funds and asked if delaying this item until staff can bring the Council more information on those questions would jeopardize that deadline. Public Works Director Morreim stated that he did not think delaying a bit would jeopardize meeting the deadline for the grant. Mayor Labadie suggested that the Council move this item to a future agenda in order to give staff time to bring back some answers to the questions that were raised by the resident as well as those raised by the Council. Councilmember Maddy asked if snow cover would hinder the ability of the contractor to do this work. Public Works Director Morreim stated that he did not believe it would be effected because he assumed that even if this was approved tonight, the work would not be included on their schedule until December or January. Zerby moved, Sanschagrin seconded, to continue discussion of the Quote for Buckthorn Removal Contract for Freeman Park to a future meeting in order to allow staff time to provide answers to questions that were raised this evening. 6. PLANNING CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2023 Page 5of8 7. ENGINEERING/PUBLIC WORKS A. No Parking — Enchanted/Shady Islands and Strawberry Lane, Birch Bluff Public Works Director Morreim and City Engineer Budde reviewed the existing conditions and gave an overview of details regarding the proposal to prohibit parking in certain areas along Enchanted Lane, Enchanted Drive, Shady Island Road, Strawberry Lane, Grant Lorenz Road, and Birch Bluff Road. Councilmember Zerby asked if the City had heard any feedback from residents in terms of the need for `No Parking' signs. Public Works Director Morreim explained that this process had started last spring and began with the residents. He noted that there was already sort of a no parking area and this proposed action solidifies it and fills in the gaps. Councilmember Zerby gave the example of an Amazon truck making a delivery and stopping along the road and asked if that would be considered parking. Public Works Director Morreim stated that he believes that this type of temporary parking situation for a delivery would be overlooked. Councilmember Zerby stated that he also wanted to express his appreciation for the way these items were laid out in the resolutions. Zerby moved, Callies seconded, Adopting RESOLUTION NO. 23-115, "A Resolution to Prohibit Parking for Both Sides of Enchanted Lane and Shady Island Road and Enchanted Drive." Motion passed. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-116, "A Resolution to Prohibit Parking on the West Side of Strawberry Lane; City Project 19-05." Motion passed. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-117, "A Resolution to Prohibit Parking on the North Side of Birch Bluff Road and the West Side of Grant Lorenz Road; City Project 21-01." Motion passed. 8. GENERAL/NEW BUSINESS A. Public Hearing: Certification of Assessment for Unpaid Charges Finance Director Rigdon noted that this public hearing was related to certification of an assessment for unpaid charges such as water, sewer, recycling, and stormwater. He gave a brief overview of notification, delinquent fees, payment options, and the overall assessment amount. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2023 Page 6 of 8 Councilmember Maddy asked if the City turned off the water supply for non-payment. Finance Director Rigdon stated that he was not aware of the City ever taking that action and reiterated that because this assessment is certified that City will be getting their money back. Councilmember Sanschagrin asked if these delinquent accounts represented a number of years or if the amounts shown were just for 2023. Finance Director Rigdon stated that it was just for 2023. Mayor Labadie opened the public hearing at 7:40 p.m. Planning Director Darling noted that there was one individual on-line who had indicated a desire to address the Council. Nancy Westman 19515 Vine Ridge Road, stated that they had new water meters installed and their bill has astronomically gone up despite their use decreasing. She asked about the validity and reliability of the new meters in terms of providing accurate readings. Public Works Director Morreim stated that the meters were accurate but noted that they could certainly review the individual situation at any addresses that were concerned. Mayor Labadie asked what steps a resident should take if they want to have their situation reviewed. Public Works Director Morreim suggested that they contact him. There being no additional comment, Mayor Labadie closed the public hearing at 7:42 p.m. Councilmember Sanschagrin asked for an explanation of what would happen if this resolution is approved. Finance Director Rigdon explained that these accounts would be certified for an assessment that is collected through the property taxes by the County. Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO.23-118, "A Resolution Certifying Unpaid Charges on the 2024 Hennepin County Property Tax Rolls." Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff 1. New Website Kick-off Meeting City Clerk/HR Director Thone gave a brief overview of the first kick-off meeting for the new website which should be completed by March 31, 2024 and answered Council questions. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2023 Page 7 of 8 Park and Recreation Director Crossfield stated that on November 11, 2023 the Southshore Senior Partners and the American Legion hosted a Veteran's luncheon where they had around sixty participants. She stated that the tai chi program has surpassed their minimum requirements for registrations. She noted that they would be closed on November 16, 2023 for utility work and explained that she would be working remotely that day. She stated that the Parks Commission meeting was cancelled for November. Public Works Director Morreim stated that the fall sweeping was continuing and should be completed before Thanksgiving. He noted that the Public Works Department is continuing to prepare for winter and would be patching Yellowstone later this week. He stated that notices will be sent out regarding the water meter replacement project which he hopes will begin the first week of December. City Engineer Budde stated that he expects the current construction projects to finish up before Thanksgiving. Planning Director Darling stated that there were fourteen deer harvested as part of the 2023 Deer Management Program which is a bit lower than what has been done in the past. She noted that on October 25, 2023, the Met Council concluded their review of the Comprehensive Plan and it will now move into the implementation phase. City Clerk/HR Director Thone thanked Councilmember Callies for bringing up an issue with printing files off of Laserfiche. She stated that because she brought this to their attention they were able to address that issue so now people should be able to transfer, print and download those files directly from the website. City Administrator Nevinski noted that they are planning another Eureka Road neighborhood meeting on November 30, 2023 at 5:30 p.m. B. Mayor and City Council Councilmember Maddy stated that last week he was at the Lake Minnetonka Communications Committee (LMCC) meeting where they voted to sell the real estate that is owned by the LMCC and use those funds for operations as they figure out their new plan. Mayor Labadie expressed appreciation for City staff for their work with the Students Achieve Independent Living (S.A.I.L.) program in partnership with the Minnetonka schools. She specifically noted the efforts of Public Works Director Morreim, Park and Recreation Director Crossfield, City Clerk/HR Director Thone, Planning Assistant Carlson, and City Administrator Nevinski. She stated that on October 24, 2023 there was an Emergency Communications training session at the Public Safety building. She stated that the Regional Council of Mayors took a group of mayors to the Minnesota Department of Health which was very informative in numerous areas. She noted that the Minnesota Mayor's Executive Committee held their annual business meeting where she was appointed as the fourth vice-president. She explained that their meeting was held in Wyoming where they took a tour of the Polaris facility and noted that Wyoming was also the home of Rosenbauer, which is well known for manufacturing fire trucks. She stated that she attended the Regional Council of Mayors meeting earlier today and tomorrow would be attending a meeting to form a coalition of mayors and city administrators for the Highway 7 corridor. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2023 Page 8 of 8 10. ADJOURN Sanschagrin moved, Maddy seconded, Adjourning the City Council Regular Meeting of November 13, 2023, at 7:59 P.M. Motion passed. ATTEST: Je fifer abadie, Mayor Sandie Thone, City Clerk