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11-27-23 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 27, 2023 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Pledge of Allegiance B. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Present. Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone (via video conference); Finance Director Rigdon; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield; City Engineer Budde, and Communications and Recycling Coordinator Wilson (via video conference) Absent: None C. Review Agenda Councilmember Zerby asked to move item 2.E. off of the Consent Agenda and onto the regular meeting agenda. Sanschagrin moved, Zerby seconded, approving the agenda, as amended. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Zerby moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of November 13, 2023 B. City Council Regular Meeting Minutes of November 13, 2023 C. Approval of the Verified Claims List D. Approve Holiday Schedule E. AppFove Quote for- rarwr—mr-- Audio Visual Equipment (moved to item 8.F.) •, i. " !.. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 2 of 14 3. MATTERS FROM THE FLOOR Barry Brown, 6050 Burlwood Court, stated that he had recently reviewed the grant applications and conditions for fulfillment of the requirements regarding the buckthorn removal and believes that the City's current proposal may be out of compliance with the grant terms. He stated that he did not believe the grantor would make a payment under the current conditions of the work proposal. He stated that he has reviewed the three bids the City received and believes that the Prairie Restoration bid lacks specificity and is out of sync with the original grant application. He explained that he had provided the Council with details from the manufacturer of the herbicide Garlon 4 which states that it should not be used anywhere near the wetlands, the ponds, or the stream. He stated that he would recommend that: the City not use this product or any other chemical treatment; clear the buckthorn in area one first, which will satisfy the grant terms from the original application; stay at least twenty-five feet away from either side of the waterway in area one until the Army Corps of Engineers can provide erosion guidance; contract with Prairie Restorations to clear area one without chemical treatment, or purchase equipment using the grant funds, such as a forestry mulcher and a brush mower. He noted that this equipment could be used in Freeman Park but also for other buckthorn removal projects throughout the City when needed. Mayor Labadie thanked Mr. Brown for the numerous a -mails he has sent to the Council and City staff on this topic and noted that his list of recommendations was helpful for the Council. A gentleman from the audience asked if people who were not residents of the City were allowed to address the Council. Mayor Labadie explained that they would be allowed to speak and would also be asked to provide their name and address for the record. 4. REPORTS AND PRESENTATIONS A. Spring/Summer Photo Contest Winners Communications and Recycling Coordinator Wilson reviewed the winners of the Spring/Summer Photo Contest Winners, including: Judy Voigt Englund — Summer Delights Category; Molly Bragg — Spring Wonder Category; Merry Beth Freinmuth — People and Pets Category; and Bryan Oakley — Wildlife Category. 5. PARKS A. Consider Quote for Buckthorn Removal Contract for Freeman Park Public Works Director Morreim gave a brief overview of the vendor quotes for buckthorn removal in Freeman Park. He noted that staff was recommending awarding the contract to Prairie Restorations, Inc. in areas two, three, and a portion of area one. He noted that there were a number of questions raised at the last Council meeting and explained that they had been answered within the packet materials. He briefly outlined some of the answers to questions that had been raised and described the planned treatment methodologies. He stated Tyler Tretbar, with Prairie Restorations was present at tonight's meeting and asked him to provide an overview of the process for the Council. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 3 of 14 Tyler Tretbar, Prairie Restorations, Inc. reviewed the process for removal of the extensive buckthorn infestation at Freeman Park. Mayor Labadie explained that this item had been on the agenda at the last Council meeting where they had a motion to close the discussion and this item is a continuation of that discussion. She asked if the Council had any questions for the Prairie Restorations representative. Councilmember Sanschagrin asked about Garlon 4, how it breaks down, what it breaks down into, and about the toxicity associated with it. Mr. Tretbar stated that he cannot answer those questions but could put him in touch with their herbicide representative who would be able to explain it to the Council. He stated that at Prairie Restorations they mainly focus on the ecological aspects of a project and noted that they follow best management practices. Councilmember Sanschagrin asked if Prairie Restorations ever did removal projects without using Garlon 4 or other herbicides. Mr. Tretbar stated that it was very rare and noted that the other alternative methods are more feasible on a small scale. Councilmember Callies stated that one of the questions raised by Mr. Brown was whether this was following the recommended procedures, particularly with the chemicals. She stated that in the materials from the DNR it says to apply the product and if you are not going to do that it does not really make sense to start the program. Public Works Director Morreim clarified that the method staff is proposing is what is recommended by the DNR. He stated that not following up with treatment would most likely not going to provide the desired effect for eradicating or greatly reducing the amount of buckthorn in the area. Mayor Labadie stated that the proposal focuses on zones two, three, and part of one. She noted that Mr. Brown had requested that buckthorn be cleared in zone one first and asked Public Works Director Morreim to explain the planned order of the removal in the order of zones two, three, and one. Public Works Director Morreim explained that during the public meetings, there was concern expressed about some of the properties backing up to the park and the volume of removal necessary in that area. He stated that doing areas two, three, and part of one reduce the overall removal. Councilmember Maddy stated that his understanding was that the plan was go and do a huge sweep and get the big stuff and then start managing and maintaining things like proper regrowth in the forest ecosystem. He asked how far the City had gotten with their maintenance plans. Public Works Director Morreim explained that what they are looking at for this area, in general, for ongoing maintenance, would be looking at treatment next fall and reestablishing something in 2025. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 4 of 14 Councilmember Maddy asked if that meant the long term plan was not to use chemicals every year. Public Works Director Morreim stated that was correct. Councilmember Zerby stated that he likes what he sees with the experiments that Friends of the Mississippi River have done with exhausting the plants and thinks this could also be part of the ongoing maintenance. He stated that Garlon 4 is a widely available treatment that homeowners can purchase and was not an industrial product. He stated that they have the advice from the DNR and believes that the use will be as sparing as possible. He noted that he thinks the City needs to get this work done and reminded the Council that this grant is nearly two years old at this point. Public Works Director Morreim stated that the grant does not allow for capital purchases which had been suggested by Mr. Brown. Councilmember Zerby suggested that this type of purchase should be part of the City's budget discussions next fall. Mayor Labadie stated that she felt that Mr. Brown had made a good suggestion and would like the Council to discuss it prior to the fall. Councilmember Sanschagrin stated that he did not feel he knew enough about Garlon 4 to support this action. Mayor Labadie asked what kind of information Councilmember Sanschagrin felt he needed. Councilmember Sanschagrin stated that he still had questions about toxicity and what it breaks down into. Councilmember Callies stated that this was the DNR's recommended method and noted that the City was not proposing to have widespread spraying of farm fields. She stated that she was comfortable that the professionals have recommended this type of treatment. Councilmember Sanschagrin reiterated that he did not have enough information. Mayor Labadie noted that she had been asked a question earlier today about Garlon 4 being used in proximity to wetlands. She asked about the topography in the area and if there were any concerns about that. Public Works Director Morreim explained that the application of the Garlon 4 is very exact and would be dobbed directly onto the stump which meant that there would not be any spraying. He noted that the follow up treatment could involve more of a spray application. He stated that in wetland areas they would be looking at a different product than Garlon 4. He stated that when this type of chemical is applied, the contractor needs to be licensed through the State. Mayor Labadie stated that there was information included in the packet from the DNR and asked if this information depicted the method that would be used in this case. Public Works Director Morreim stated that was correct. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 5 of 14 Councilmember Callies stated that when the Council heard from the pest management people, they provided the City with a list of all the possible chemicals and stated that she believes the City most likely has the information available regarding Garlon 4. Public Works Director Morreim stated that he will have to check the ratings and noted that he believes it was not considered to have the lowest toxicity, but with the exact spot treatments in the first round, makes it a treatment that does not go further than the stump. Mr. Tretbar noted that all the herbicide information can be found on the safety data sheet which is available online in PDF form. He stated that he believes that Garlon 4 and Garlon 3A fall into the `caution' category so it is one of the safer herbicides that they use. Councilmember Maddy noted that he had just pulled up this information and confirmed that it has a `caution' designation. He asked Public Works Director Morreim about the information he came across regarding metabolizing in soil and water. Public Works Director Morreim stated that many of the studies show that it breaks down rather quickly and noted that there was not any open water in the area at this time. He stated that the potential for this to leach into soils is very minimal. Councilmember Maddy stated that he felt as though the City should be more concerned with every weedless lawn in the City and the chemicals being used than a one time application in the City's park system. Public Works Director Morreim explained that the City has to be good stewards of their environment and try to be as responsible as possible and reminded the Council that buckthorn is not native to the area. He stated that their goal is to eradicate it as much as possible in order to restore native vegetation to the area. Councilmember Sanschagrin asked what Garlon 4 breaks down into. Public Works Director Morreim stated that he did not know that information and would need to research it further. Councilmember Zerby explained that he had found an answer to Councilmember Sanschagrin's question on the website and read aloud a portion of the information that outlined how Garlon 4 is broken down. Mayor Labadie noted that she had spoken with Mr. Brown earlier today and had informed him that this was not a public hearing but noted that she would like to grant him the courtesy of asking two questions during this Council discussion. Mr. Brown stated that his questions were for Mr. Tretbar. City Administrator Nevinski suggested that the questions be directed to Council and then the Council could ask Mr. Tretbar to respond. Mr. Brown stated that for Garlon 4 they are allowed to apply six quarts per acre/per year. He noted that under thirty-two degrees it is mixed with bark oil and asked how much would be mixed CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 6 of 14 with Garlon 4 for this project. He asked if Garlon 4 would kill aspen, birch, boxelder, choke cherry, cottonwood, dogwood, elm, hickory, maples, big leaf maple, and oaks. Mayor Labadie asked if Mr. Tretbar could address the questions raised by Mr. Brown. Mr. Tretbar stated that they will mix Garlon 4 with bark oil blue at a ratio of 1:3. He stated that for the question about the other species of trees being effected by this treatment, they would be, however, they would not be directly applying the product to those trees or stumps which means there is little to no chance of hurting them in this process. Councilmember Maddy asked how many clearings similar to this has he been part of with Prairie Restorations, Mr. Tretbar explained that he has been doing this for a little over ten years and has probably treated about three thousand acres. Councilmember Maddy asked if he had ever experienced an adjacent kill that was not intended. Mr. Tretbar stated that he had not experienced it with Garlon 4, but has with other herbicides. Councilmember Maddy asked if he had seen success in the long term in keeping the buckthorn away with annual management. Mr. Tretbar confirmed that he had seen success and noted that the follow up sprays are pretty critical to the process. Mayor Labadie stated that she thinks everyone is concerned about buckthorn and noted that the City has acknowledged that there needs to be a long term plan and this project is part of the process. Callies moved, Maddy seconded, to Approve the Professional Services Agreement for Buckthorn Removal with Prairie Restorations, Inc., including the quote, as presented. Councilmember Zerby stated that buckthorn has been a problem in the City for a long time so he was happy to see them doing something to address this issue, but cautioned staff to use an over- abundance of communication with the public throughout this process. Councilmember Sanschagrin stated that he is hoping that this does not become an established approach in the future and would like the City to consider other best practices that may be available. Motion passed. 6. PLANNING A. Report by Commissioner Eggenberger for November 21, 2023 Planning Commission Meeting Planning Commissioner Eggenberger gave an overview of discussion and recommendations made at the November 21, 2023 Planning Commission meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 7 of 14 7. ENGINEERING/PUBLIC WORKS A. Award Quote for SE Well Rehabilitation, City Project 23-07 City Engineer Budde reviewed the need to replace pneumatic values within the SE Well Building, the five quotes that were received, and outlined the recommendation to approve the bid price from MN Mechanic Solutions. Councilmember Sanschagrin asked if City Engineer Budde had any observations about the differences in the bids that were received. City Engineer Budde noted that he was not sure why there was such a discrepancy, but noted that MN Mechanic Solutions has expressed that they were comfortable with their bid. He noted that they are a pretty small shop, which means they do not have a lot of overhead costs which is probably one factor in their lower bid. Councilmember Zerby asked if the City considered MN Mechanical Solutions to be a responsible bidder. City Engineer Budde stated that all of the five bids that were received are considered `responsible' bidders and explained that staff selects who they know has a good reputation of working in this industry. Councilmember Sanschagrin stated that when this kind of project comes in under budget he asked what happened with the money that was saved and asked if it was something that could be used to reduce the levy or placed into reserves. Public Works Director Morreim explained that the funds used for this project were Enterprise Funds, so typically, if things are underspent, they simply stay within that fund and can be used towards a future improvement. Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO.23-119, "A Resolution Awarding the Low Quote for the SE Well Rehabilitation Project, City Project 23-07." Motion passed. GENERAL/NEW BUSINESS A. Hazardous Building Declaration Location: 5815 Club Lane City Attorney Shepherd gave a brief explanation of the request and reasons that the Council was being asked to pass a hazardous building declaration located at 5815 Club Lane. He outlined the history of the City working towards resolving the issues on this property with the property owners for the last fifteen years. He described the legal process and possible outcomes if the Council moves forward with the hazardous building declaration. He shared some photos of the property and noted that others were included in the packet. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 8 of 14 Councilmember Sanschagrin stated that the City had received communication from the homeowner with the request that the Council table this item until January 2024 in order to save their holiday cheer. He asked if the Council could do that without impacting the process. City Attorney Shepherd stated that realistically, the intended court action would not be started until the new year. He stated that this matter has been going on for about fifteen years and the reality is that this is an unsafe structure. He stated that he would recommend that the Council adopt the resolution regarding the hazardous building declaration and explained that the property owner will have the opportunity to remedy the issue or contest that declaration, but reiterated that right now this is an unsafe structure. He stated that he understands the request with the timing due to the holidays, but reiterated that this has been going on for a very long time. Councilmember Sanschagrin stated that, to that point, another few weeks would not be detrimental to the process. Councilmember Callies stated that, for practical purposes, nothing will be happening during the holidays. Councilmember Sanschagrin agreed and explained that was part of his point and why he was suggesting the City wait because it will help the owner and provide some compassion to the process. He stated that the way he reads the situation is they are in financial distress, which is what is driving the whole issue. He stated that this situation is difficult for him because it looks like these individuals will be homeless and this action would put a Shorewood family out of their home. Mayor Labadie stated that this matter is difficult for everyone and asked City Administrator Nevinski how this item had landed on tonight's agenda. City Administrator Nevinski stated that the City has been working with the owners since the summer and actively asking them to provide the information needed for a building permit which they have not done. He stated that they had communicated with the property owner that the City would be working on this process this fall and noted that it had originally been scheduled for November 13, 2023 and the property owners had asked that it be extended into December. He stated that staff stated that they felt November 27, 2023 would be a good meeting for this item and the property owners were agreeable to that proposal. He stated that he understands the sentimental concerns surrounding the holidays, but reiterated that the City has been dealing with this for quite some time and there are clearly some safety issues at this property. He explained that the City has an obligation to enforce the State building code. He stated that he believes that staff feels that this is at the point where there is some urgency to get this matter resolved which is why they are recommending this action be taken tonight. Councilmember Callies asked who was living on this property. City Administrator Nevinski stated that staff's understanding is that the family does live in the home which consists of a few children along with a husband and wife. Councilmember Callies asked if there would be any liability to the City for allowing a dangerous situation to persist that could potentially harm this family or their holiday visitors. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 9 of 14 City Attorney Shepherd stated that like City Administrator Nevinski stated, he feels that the City has an obligation to enforce the State building code. He stated that the City has been trying to find a way to not go down this path, however, the record is clear from multiple engineer reports, that this is an unsafe structure. He reiterated that staff's recommendation is to make that very clear through this order, that this hazard needs to be remedied immediately. Councilmember Sanschagrin asked how this declaration would be different than the last order that failed. City Attorney Shepherd clarified that the other order did not fail and explained that it was adopted by the City Council. He stated that there were some filing issues in the District Court and, at that time, there was some negotiations between the City's former legal counsel and the property owners lawyer that took place in order to avoid the hazardous building action. He stated that the City has given the property owners opportunities and have attempted to negotiate with their counsel to try to find a way to avoid this action and find a way to remedy this situation in a way that would be less burdensome for the family. Councilmember Sanschagrin stated that this is private property and questioned what this action would be protecting the City from. City Attorney Shepherd explained that one of the City's fundamental core functions is protection of public health, safety, and welfare. He stated that this situation, to him, is absolutely within that wheel house. He stated that this structure is a hazard to the individuals who are living there and also to anyone coming onto the property and feels there is a real danger to the residents of the City, including the property owners, based on those violations. Councilmember Sanschagrin asked if that meant someone that was trespassing on this property could sue the City. City Attorney Shepherd stated that he was not here to make a call on the legitimacy of a hypothetical lawsuit, but the City has a building code and International Property Maintenance code that they have adopted. He explained that they are regulations/laws within the City and reiterated that the City is responsible for maintaining those. Councilmember Sanschagrin expressed concern about what will happen to the property owners after this process. City Attorney Shepherd stated that the City does not know if the pre-existing house is structurally sound, but noted that there is the potential that they could live in the pre-existing home once the external structure is removed. He stated that right now they have an external structure that is structurally unsound that is situated on top of the pre-existing home. Councilmember Callies stated that this situation has been going on for a long time and she also feels bad for this family, but noted that they have not applied for the appropriate building permits and have been just doing the work knowing that they should not be. She stated that there have been many attempts by the City to work with them and is not something where it is `all of a sudden the holiday season' and now the City is telling them they need to move out. She questioned at what point the property owners should be held responsible for their actions and inactions that are harmful to themselves but also potentially others. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 10 of 14 Councilmember Sanschagrin stated that he would agree that these property owners have made mistakes, but noted that everyone makes mistakes. Mayor Labadie stated that the property owners, if the Council takes this action, will have thirty days to remedy their mistakes. Councilmember Callies stated that she would disagree with Councilmember Sanschagrin's characterization of these actions as a `mistake'. Councilmember Sanschagrin stated that he agreed that it was more than a mistake. Councilmember Zerby stated that his recollection of this situation from his past time serving on the Council, was that this work was done by a relative who had passed away. He stated that at that time they met with the Council and explained that they had just taken control of the property and had asked for time to see what they could do to address the issues. He stated that in his opinion, they have made the choice to use this home as their home after that situation and conversations. Planning Director Darling stated that her understand was that father and sons took on this project together. Councilmember Maddy stated that he understands they are using logic and a legal approach to try to protect the City and also using compassion to say that this is someone's home. He stated that he used to do this for a living and explained that he had condemned homes that were much nicer than this one. He stated that, in his opinion, what is depicted in some of these pictures was downright dangerous. He stated that he understands that compassion is something that should be given, but the record shows that they have been given fifteen years of compassion from the City. He stated that if something happens in that house to a child or a guest between now and the time this is abated, he would not be on record saying that it was a good idea to let people live in that home. He stated that he is completely comfortable starting this process tonight in order to get this resolved and believed that they owed it to the people to say that enough is enough. Mayor Labadie stated that she agreed and stated that they also owe it to the minor children that are living in the home. Maddy moved, Callies seconded, Adopting RESOLUTION NO. 23-120, "A Resolution Ordering Repair or Removal of Hazardous Conditions." Councilmember Sanschagrin explained that he would be voting against this action due to the timing. He noted that he would agree that the structure is not safe in its current form, but since it has already been fifteen years, he did not see any issue with waiting another six weeks before taking this action. Motion passed 4-1 (Sanschagrin opposed) B. Renewal of Property and Casualty Insurance Premium City Administrator Nevinski reviewed the existing property and casualty coverage for the City, the 2024 budgeted amounts, and various liability scenarios, including the possibility for increasing coverage. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 11 of 14 Councilmember Zerby noted that the staff memo stated that the City's coverage was the same as it was in 2023, but that would be a 25% increase. He asked if that was true for all cities and if the League of Minnesota Cities was increasing everyone's premiums by 25%. City Administrator Nevinski stated that he cannot say that they are increasing everyone's premiums by 25%, but his understanding, from the agent, is that costs have gone up and there has been a general rate increase. He stated that the City has also had some experience with some lawsuits and increased exposure in that manner, so, just like car or homeowners insurance, your rates go up if you are using your insurance. He answered Council questions related to coverage details. Councilmember Callies asked if there was a recommendation from the City's agent on coverage amounts. City Administrator Nevinski stated that the agent had not given the City an explicit recommendation and actually suggested that the City speak with their attorney. He stated that he tends to worry more about cyber situations and noted that the Council a few meetings ago had decided to not waive the tort limits. Councilmember Sanschagrin asked for an example of what could cause the City to go into the two million dollar amount for excess liability. City Administrator Nevinski referenced examples of a Federal civil rights claim, a situation where the City entered into a contract and had agreed the indemnify the other party, or a takings claim. Councilmember Sanschagrin asked with the proposed 25% increase whether the City had any other options besides the League of Minnesota Cities for this coverage. City Administrator Nevinski explained that the League of Minnesota Cities is the primary option available. He stated that he believed that there were only a handful of cities that were not participants in the League's coverage and noted that they exist for the benefit of serving cities and would guess that they are the most cost effective option and user friendly. Councilmember Callies stated that she can understand the point being made about cyber coverage and noted that type of thing is heard about more often than in the past, but was not sure about the increase in excess liability. She agreed that the City has had some incidents of liability, but nothing like a city like Minneapolis has seen. Mayor Labadie stated that Councilmember Zerby has knowledge with computers and asked him to weigh in on this matter. Councilmember Zerby stated that he would agree that cyber attacks are on the rise and seem to be more and more prevalent so he felt it would be a good idea to get the First Party Cyber coverage. He noted that he agreed with the hesitancy expressed by Councilmember Callies about the increased liability coverage because he was not yet sure that the City needed it. Councilmember Sanschagrin stated that he was also on board with the cyber coverage but felt the need for the excess liability was questionable. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 12 of 14 Zerby made a motion to Approve the Property and Casualty Renewal Premium of $114,112, which includes First Party Cyber coverage of $500,000, and authorize the City Administrator to execute any documents necessary to implement the coverage. Mr. Brown spoke from the audience and requested that he be allowed to ask a question. Mayor Labadie explained that this agenda item was not a public hearing and the Council was not taking testimony from the audience on this matter. Mr. Brown asked if anyone had ever taken a look at the deductible because that action could help reduce their premiums. City Administrator Nevinski explained that the City's deductible is $2,500 and believes that is standard for a City that is the size of Shorewood. Callies seconded the motion. Motion passed. C. Premium Option Workers Compensation Insurance City Administrator Nevinski reviewed the options related to worker's compensation and explained that staff was recommending moving froward with the `Regular Premium' option. Councilmember Sanschagrin asked what had been included in the 2024 budget for this item. City Administrator Nevinski stated that he believed that there was about $90,000 budgeted for this item, so this would be coming in under budget. Sanschagrin moved, Maddy seconded, Approving the Selection of the Regular Premium option and authorize the City Administrator to execute the Notice of Premium Options. Motion passed. D. Participation in DuPont and 3M PFAS Settlements City Administrator Nevinski reviewed the two class action settlements that are happening against DuPont and 3M for the proliferation of PFAS in public water systems. He noted that because a small amount has been found in one of the City's wells, they are an eligible claimant and explained the City's options. He explained that there are about fifteen defendants and by moving forward and working with the legal firm of Lockridge Grindel Nauen, it will help set the City up for future settlements that may come. Maddy moved, Zerby seconded, Directed the City to remain in the Settlement Class, directing the submission of the settlement claim forms, and authorizing the Mayor to sign the attached Retainer Agreement with Lockridge Grindel Nauen, P.L.L.P. and Napoli Shkolnik. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 13 of 14 E. Approve Earned Sick and Safe Time Policy City Clerk/HR Director Thone gave an overview of the proposed updates to the Sick and Safe Time Policy (ESST). Sanschagrin moved, Labadie seconded, Adopting RESOLUTION NO. 23-122, "A Resolution Approving Earned Sick and Safe Time Policy and Personnel Policy/Employee Handbook Updates." F. Approve Quote for SCEC Audio Visual Equipment (formerly Consent Agenda item 2.E.) Park and Recreation Director Crossfield gave an overview of the CIP plan and the recommendation by staff to use money planned for painting and remodeling for updating the A/V equipment for the SCEC instead. She gave an overview of the proposed quote for a mobile A/V cart, portable screen and projector. Mayor Labadie noted that the SLMPD had recently held a program for the seniors in the SCEC regarding scams and fraud and would agree that the screens were very difficult to see and read and upgraded equipment would have been helpful. Councilmember Zerby stated that he agrees that this equipment is needed but questioned the pricing. He noted that he had done a simple search on Amazon for this equipment and found considerably lower pricing for the same model numbers. He stated that he understands that oftentimes contractors will build in their service to the pricing, but in this case, the service is outside of the equipment total. He suggested that the City go back and ask the vendor to sharpen their pencils because he sees a few thousand dollars that can be carved off of this price, if they were to purchase the equipment on their own and just pay for installation. Park and Recreation Crossfield stated that she can contact the vendors and noted that this amount was lower than the original bid amount. She stated that she was told this was as low as he could get it without a third ring of approval. She noted that the vendor had mentioned commercial versus residential costs, but if Councilmember Zerby had found the same model number in his research, she will see what can be done. She explained that they had offered to just deliver the equipment and have the City install it themselves, but stated that her motto has been 'rec, not tech' so she was not sure she was comfortable with that option for things like the rally bar and its components. Councilmember Zerby stated that he would be willing to assist with the installation. Mayor Labadie stated that staff will explore other options and bring this back for a future agenda. 9. STAFF AND COUNCIL REPORTS A. Staff Park and Recreation Director Crossfield noted that the SCEC has forty-seven rentals scheduled for December. She stated that the City had sent out sponsorship inquiries to various businesses CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 27, 2023 Page 14 of 14 and several have been returned by the USPS and marked as `vacant' even though they know the business is still there. She encouraged the Council to help spread the word that sponsorship opportunities are available for Arctic Fever. Public Works Director Morreim stated that they were between seasons so they are doing some additional sweeping as weather has allowed and are planning tree trimming as they move into the winter. Finance Director Rigdon reminded the Council that the Truth in Taxation meeting will be held on December 11, 2023 at 7:00 p.m. City Administrator Nevinski stated that the Eureka Road Open House would be held on November 30, 2023 at 5:30 p.m. at City Hall B. Mayor and City Council Councilmember Maddy commended, Finance Director Rigdon for the write up in the Shore Report because it did a good job of laying out the tax levy and how it works. Councilmember Callies stated that she had attended the Planning Commission meeting last week. She stated that she agreed with Councilmember Maddy and noted that she had gotten a lot of positive comments on the Shore Report government articles. Mayor Labadie stated that the Highway 7 Coalition met and drafted a brief overview letter that will be sent out this week. She stated that she had participated in the State of the Cities Address, along with the mayors of Excelsior, Tonka Bay, Greenwood, Deephaven, and Minnetonka, which was sponsored by the Excelsior Chamber of Commerce. 10. ADJOURN Maddy moved, Zerby seconded, Adjourning the City Council Regular Meeting of November 27, 2023, at 9:10 P.M.