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01-08-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 8, 2024 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie called the meeting to order at 7:01 P.M. and noted that she felt there may be some confusion from those in attendance at tonight's meeting. She stated that she wanted to clarify that Eureka Road was not on tonight's agenda and would not be discussed by the Council. She stated that per City Engineer Budde, it is scheduled to be on the agenda for February 26, 2024. City Administrator Nevinski noted that there was a project page within the City's website and noted that is where residents can sign up to receive e-mail updates on various projects they are interested in. 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; Planning Director Darling; Director of Public Works Morreim; 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. Councilmember Sanschagrin asked to remove item E. for separate discussion. Councilmember Zerby noted that he had asked staff for additional information related to item C., but explained that he was willing to take action on that item prior to receiving that information. City Clerk/HR Director Thone reminded the Council that at the Work Session they had intended to bring back item H. Mayor Labadie explained that during the Work Session the Council had asked staff to bring back item H with some points of clarity related to recruitment for the Park and Recreation Director position. She stated that the Council would adjust item H. to merely be `Accept the Resignation of the Park and Recreation Director'. Maddy moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein, as revised. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 2of9 A. City Council Regular Meeting Minutes of December 11, 2023 B. Approval of the Verified Claims List C. 2024 Mileage Reimbursement Rate D. City Council Out of State Travel Policy Approval "A rr (moved to item 8.13.) F. Approve Tobacco License — Shorewood Smokes Plus, Adopting RESOLUTION NO. 24-002, "A Resolution Approving Retail Tobacco License." G. Approve Independent Contractor Renewal — Erica Heinrichs, Tai Chi H. Accept Resignation of the Park and Recreation Director I. Approve Public Works Supervisor Reclassification J. Accept Final Improvements for 2022 Mill & Overlay, City Project 21-11, Adopting RESOLUTION NO. 24-003, " A Resolution for Final Acceptance for the 2022 Mill & Overlay Project, City Project 21-11" Motion passed. 3. MATTERS FROM THE FLOOR Kate Bix 25545 Orchard Circle stated that she has lived here for thirty-two years and wanted to talk to the Council about Eureka Road. She explained that she walks Birch Bluff down to Howard's Point and around and travels into the wetland. She stated that her issue with the City's plans are related to safety and speed on Eureka. She explained that she refers to this stretch of road as the `Eureka 500' because many people speed on it regardless of the condition of the roadway. She stated she wanted to draw the Council's attention to this ongoing issue with speeding. Chris Joslin, 25630 Maple View Court, stated that he had been a resident of Shorewood for eighteen years. He explained that on November 30, 2023 after the neighborhood presentation there were a lot of questions and a larger, more organized group was developed by the residents who are concerned about the cost but also the impact of widening the road. He stated that there has been a petition signed following the neighborhood presentation of residents who do not want to see the road widened and would choose Option Two which maintains the footprint. He presented the Council with the petition and stated that it held nearly one -hundred signatures. David Vierthaler, 25755 Maple View Court, stated that he moved to the area about six years ago and chose this site because it was surrounded by marshes. He stated that in June of 2022 he had asked former Public Works Director Brown what was happening to the marshes because when he moved in the marshes were all five or six feet deep, but the water has been disappearing and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 3 of 9 getting very low. He stated that when he looks at the different plans being presented for Eureka Road nothing has been addressed related to the marsh areas. He stated that he believes the City, County, and the watershed district should do some work in the marshes before they begin other work. He read aloud from the response he had gotten from the City in July of 2022. He stated that he felt he needed to bring this forward because he has seen what happened on Strawberry Lane and Birch Bluff in widening the roads and putting in more hard surface. He stated that he understands that there have been a few dry years, but he can point out five springs on his property that are not running which should be coming from the aquifer and not from ground water run off which he believes shows that something else is going on. He explained that he felt the City owes it to the citizens to understand the aquifers and the ground water flow before the start putting in more hard surface or retaining ponds. Mark Harland, 5300 Eureka Road, stated that he has lived here since 1985 and felt that the County was desperately seeking an alternative route through the City to County Road 19. He stated that the traffic at County Road 19/Smithtown Road/Country Club Drive is, in his opinion, untenable. He questioned the wisdom of the City accepting money from the County to widen the road and increase the speed limit. He stated that the traffic volume with these changes will increase and will destroy everything that the residents have expressed concern about. He stated that he also feels that these changes would make it a much more dangerous road for those that live and walk in the area. Andrew Khosravi 26920 Noble Road stated that he would not be available at the February meeting where the Council will discuss the Eureka Road project and wanted to take time to share his feelings tonight. He explained that he had lived in the City for about three years and noted that their reasons for choosing Shorewood was: proximity to the lake; excellent school district; and aesthetics of the narrow, tree covered roads that reminded them of living of north or New England. He stated that Shorewood and the cities surrounding the lake enjoy some of the highest property valuations in the Midwest and he thinks it is due to those same three characteristics. He noted that he has fifteen years of experience in the real estate field and stated that in the last three years he has been deeply disappointed in several projects that the Council has approved which he felt have essentially defaced the community. He noted that he understands that there are times that work must be done, but the more he finds out about the proposed projects, the more they appear to have been over engineering, are extravagantly expensive, and unwarranted. He explained that the City's debt load has ballooned since 2019 and the financial burden that is put on the residents for these projects is significant. He stated that he would support it if there was a strong value add for the residents, but it appears that only a handful of residents receive any material benefit. He stated that improving streets and sidewalks typically improves property valuations, but, in this case, will have a negative impact. He referenced properties on Birch Bluff that he believed saw a loss in value of around $100,000. He stated that taking the stance of widening the street for safety seems odd to him because the consensus among planners has been to reduce street widths. He referenced properties in Minneapolis such as Lowry Avenue, that are in the process of a size reduction as a traffic calming measure. He stated that wide streets are well known for promoting faster speeds. He asked the City to learn from their mistakes and asked the Council to choose Option Two when they vote on the Eureka Road project. Sheila Wyatt, 5335 Eureka Road, explained that she had lived there since 2016 and stated that she would add her support to what the other residents have shared regarding Eureka Road. She stated that she also supported Option Two and noted that she and her husband take daily walks and have experienced seeing the increase in speed on Birch Bluff. She stated that they have seen vehicles exceeding speeds that they had not seen before when it was a more narrow road. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 4 of 9 She stated that the City's information and study may have told them that widening the road would slow people down, but she was witnessing, first hand, that it has only increased the speed. She stated that she would also ask that the City provide follow up communication regarding the change in the ratio of salt to sand for treating the ice and explained that she would like to understand the environmental impact on the salt run off into the City's waterways. She stated that she would also like to understand what type of salt the City is using. Jerry Bix, 25545 Orchard Circle, asked if the earlier statement by one of the residents was accurate that there is an incentive from the County to widen Eureka Road. Mayor Labadie asked City Engineer Budde if any of the options proposed for Eureka Road rely on County funding. City Engineer Budde stated that none of the options rely on County funding. He stated that this project would be completely locally funded by the City. Councilmember Callies stated that she believed that City Engineer Budde had recommended against taking any County funding because they would have required the extra width and other features that the City does not want. City Engineer Budde stated that was correct. He stated that he thinks what that resident was alluding to was possible money from MnDot or the State rather than the County. He stated that Eureka Road is a municipal State Aid road and if they were to take money from MnDot they would have to meet certain standards which would make the roadway footprint wider than what has been proposed with the largest option. He reiterated that his recommendation was not to pursue any of these outside funds. Lou Harland, 5300 Eureka Road, encouraged her fellow residents to call police when they see people speeding because there was no reason that they should not be in the area giving out traffic tickets. Kristen Kowalski, 25635 Maple View Court, stated that she had lived here for thirteen years. She stated that there was no debate that Eureka Road north of Smithtown is in need of repair and shared personal examples related to damages and injuries. She stated that she also understands that the City needs to anticipate the long-term future needs for the City, however she has significant concerns about the repair options that have been proposed by the City. She clarified that her concerns were related to cost, conflicts of interest, and transparency. She stated that recent projects by the City have resulted in an increase in bonded debt and asked if the proposed two -million dollars for this project was the best use of taxpayer dollars especially when the majority of people in the area are not in favor of this project. She stated that she felt that a conflict of interest existed with the influence of the City Engineer and their employer, Bolton & Menk, which appear to have won construction bids. He stated that the City Engineer is a paid employee of Bolton & Menk as well as a permit approver for the City which she felt represented a significant conflict of interest over engineered projects and has led to added costs and impacts taxpayers. She stated that in relation to transparency, the three options presented do not include adequate details on sewer improvements, power line improvements, environmental impacts, recent traffic studies, comparison or curb types, specific costs for each element of these options, watershed and DNR limitations, and drainage assessment. She explained that the information was very high level and had limited details and noted that a lack of transparency leads to a lack of trust. She noted that she felt a more detail analysis should be done. She stated that because there is an CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 5 of 9 immediate need, she feels it would be prudent to move forward with the lowest cost option or allow adequate time for a study to be completed by a firm other than Bolton & Menk. Councilmember Callies stated that the issue of conflict of interest keeps coming up and she would like the Council to address it at a future meeting. She stated that the plans for Eureka Road have been in the works for many years, long before Bolton & Menk, was the City Engineer. She stated that projects of this nature require long-term planning which is why they are looking at it now. She reiterated that these plans, including the possibility of a trail, were putting into the plan by the Parks and Trails Committee many years ago and was not something that Bolton & Menk had come up with, nor do they do all the construction. She reiterated that she thinks the Council needs to provide some clear discussion about what she believes is an artificial conflict of interest issue so people can understand it more clearly. She stated that she did not think it was not fair to Bolton & Menk, City Engineer Budde, or the public, for this misunderstanding regarding a conflict of interest, because it does not exist. Mayor Labadie stated that they can put this item on a future agenda for thorough analysis and report prior to a vote on Eureka Road. Barry Brown, 6050 Burlwood Court, stated that he had spoken with City Administrator Nevinski last week regarding what he felt was a disconnect regarding the chemical treatment in Freeman Park. He referenced the minutes from November 27, 2023 City Council meeting and read aloud a statement made by Councilmember Callies regarding materials from the DNR. He stated that he has not been able to find any such documentation from the DNR that says anything similar to what she had stated at that meeting. He asked that Councilmember Callies provide the specific text that she had referenced and if she cannot provide it, he would request that the records be corrected in order to reflect accurate and truthful information. He stated that by reading the minutes, he feels that there is a communication issue between staff and the Council and referenced a conversation that took place during the meeting. He stated that based on this conversation and the responses from staff, he did not believe that staff was considering a one- time application of the Garlon 4 herbicide. He stated that he feels the most important thing the Council can do is to provide clear direction to staff. He stated that his research shows that it will take five to six years for the City to eradicate the buckthorn. He stated that if the City mowed the entire twenty acres, three or four times per year with a brush mower, it has been proven to exhaust the plants in just two to three years. He stated that he feels this would be a faster solution, more cost effective, and was environmentally sound, because it poses no health risks for humans or pets. 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. 2024 Annual Appointments and Designations CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 6 of 9 City Clerk/HR Director Thone gave an overview of the annual appointments and positions for Council consideration. The Council discussed the following appointments: Acting Mayor: Councilmember Callies Park Commission Liaison January — June: Councilmember Maddy Park Commission Liaison July — December: Councilmember Callies Planning Commission Liaison January — June: Councilmember Sanschagrin Planning Commission Liaison July — December: Councilmember Zerby Lake Minnetonka Communications Commission: Councilmember Sanschagrin Alternate Lake Minnetonka Communications Commission: Councilmember Maddy South Lake Minnetonka Police Department Coordinating Committee: Mayor Labadie Alternate South Lake Minnetonka Police Department Coordinating Committee: Councilmember Callies Excelsior Fire District Board Member: Councilmember Maddy Alternate Excelsior Fire District Board Member: Councilmember Zerby Mound Fire Department Advisory Committee: Councilmember Maddy and City Administrator Nevinski (Alternate — Councilmember Sanschagrin) Weed Inspector: Mayor Labadie Assistant Weed Inspector: Public Works Director Morreim Electronic Funds Transfer Authority: City Administrator Nevinski and Michelle Nguyen City Attorney: Jared Shepherd, Campbell Knutson City Prosecutor: Campbell Knutson Official Depositories: Alerus Bank, 4M Fund and other depositories, as necessary Official Newspaper: Sun Sailor (or current name, if different) (and Laker Pioneer News, as applicable) Absence of City Clerk, the City Administrator is authorized to sign contracts. Columbus Day now recognized as Indigenous People's Day Zerby moved, Callies seconded, Adopting RESOLUTION NO. 24-004, "A Resolution Designating 2024 Annual Appointments to Certain Offices and Positions within the City of Shorewood." Motion passed. B. Master Fee Schedule Updates — SCEC Fees, Adopting RESOLUTION NO.24- 001, "A Resolution Approving the 2024 City Master Fee Schedule Updates." (formerly Consent Agenda Item E.) City Administrator Nevinski outlined the proposed Master Fee Schedule updates for the SCEC and past discussions with former Park and Recreation Director Crossfield as well as the Park Commission. He explained that the updates show slight increases from 2023 to 2024. Councilmember Sanschagrin expressed concern and explained that he felt they were lacking an understanding of the actual costs associated with providing these services. He stated that he wanted to understand them in order to make sure that the fees are, at the very least, covering those costs. He gave the example of fees charged to non-profit organizations and expressed concern that the Shorewood taxpayers may be subsidizing them in a facility that is not covering its own costs. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 7 of 9 City Administrator Nevinski noted that the Council could keep the current 2023 fees in place and staff can review the fees and bring additional information back to the Council or they could adopt the proposed fees but still direct staff to bring back more data. He noted that the Council can modify the fees part way through the year if they felt it was necessary. Councilmember Callies stated that she understood the concerns raised by Councilmember Sanschagrin but believes that former Parks and Recreation Director Crossfield had provided some detailed information about the fee increases in the past. Councilmember Zerby clarified that when this was discussed at the Parks Commission, the goal from former Park and Recreation Director Crossfield was to talk about the classifications, but not the specific fees. He stated that there was discussion about simplification of the categories but was not a lot of discussion about the economics of the fees. City Administrator Nevinski reiterated that staff can provide additional research and information but reminded them that there is currently not a Park and Recreation Director and the City will also be without a Finance Director for a period of time which means he was not sure how quickly they would be able to do the analysis and get the information back to the Council. Councilmember Maddy stated that he was comfortable moving forward with the modest increases, as proposed, and once they are able to address the staffing situation, do a deeper dive. He stated that he felt that Councilmember Sanschagrin was correct that it does look like the City is subsidizing non -profits. He suggested that they approve it tonight and then place it on the duties of the next director. Maddy moved, Zerby seconded, Master Fee Schedule Updates — SCEC Fees, Adopting RESOLUTION NO. 24-001, "A Resolution Approving the 2024 City Master Fee Schedule Updates." Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff 2024 Elections Update City Clerk/HR Director Thone updated the Council on the upcoming four, possibly five, elections in 2024. She noted that they were notified by the county and state that there was an error and the Legal Marijuana Now Party did submit candidates by the deadline which is different than what the staff memo stated from last week's communication from the county/state. Therefor there will be three parties represented for the Presidential Nomination Primary Election. She outlined communication plans for the public including the City website; newsletter; and newspaper for official notices that must be published. Mayor Labadie expressed appreciation for the work City Clerk/HR Director Thone has done with the elections and working with the S.A.I.L program (Students Achieving Independent Living). 2. Response to Truth in Taxation Questions CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 8of9 City Administrator Nevinski reviewed the two questions that had come up at the December 12, 2023 Truth in Taxation hearing meeting and noted that the information and response to those questions were included in the staff report. Other Public Works Director Morreim stated that they are looking to make some ice for skating at Cathcart later this week because there should be some colder temperatures over the weekend. He stated that the Department has been working on water meter installations over the last few weeks and will do another round in April/May. He stated that they are planning to work with the contractor and begin buckthorn removal the week of January 22, 2024. He stated that there was vandalism in the parks at Manor, Freeman, and Badger. He stated that Public Works staff has been cleaning up and will begin repairs. He noted that the initial estimates are around $10,000 in damage and explained that the City would be submitting claims to their insurance carrier. He stated that there will be a Parks Commission meeting on January 9, 2024. Mayor Labadie stated that if anyone has information regarding the vandalism she encouraged them to contact the SLMPD. She explained that they have five pictures of five suspects of the vandalism and also encouraged people to share the pictures on social media to help identify these individuals. She stated that $10,000 damage is a lot of taxpayer money and as a result of the vandalism the bathrooms are currently closed in the parks. City Engineer Budde stated that staff has been gathering information for a storm pond cleaning project that has been included in the CIP for 2024. Planning Director Darling gave a recap of the 2023 activity in the Planning Department for number of permits, remodels, additions, and inspections. City Clerk/HR Director Thone stated that the City had issued or renewed the massage therapy licenses in the City, effective January 1, 2024 and noted that there was one new license. She stated that they also sent out the ordinances from 2023 and a few from 2022 for codification. City Administrator Nevinski stated that staff has been scrambling a bit for Arctic Fever and explained that because of the weather they will not be having activities at Freeman Park, but would plan to amp things up on Friday at Badger Park. B. Mayor and City Council Councilmember Maddy congratulated the Mound Fire Department for celebrating their 100 year anniversary. Councilmember Callies stated that she would not be in attendance at the February 26, 2024 City Council meeting and asked if it would be possible to change the Eureka Road discussion to another meeting because she would like to be in attendance for it. Mayor Labadie suggested that staff discuss this and bring information back to the Council. She noted that if the date is changed, it would be very important that information be communicated very clearly to the public. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 8, 2024 Page 9 of 9 Mayor Labadie encouraged people to reach out and let the City know if there is something positive that happens or is done by residents. She noted, for example, David Bayer scored the tie goal in the Minnetonka versus Wayzata hockey game. She stated that there were also numerous students that were just sworn into the National Honor Society which she feels is worth noting. She stated that if there is something positive like this she asked them to reach out to her so the City can work to get it out on social media. 10. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of January 8, 2024, at 8:25 P.M. Motion passed.