Loading...
02-26-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 26, 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 7:00 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Maddy, Sanschagrin, and Zerby; City Attorney Amy Schmidt; City Administrator Nevinski; Planning Director Darling; Director of Public Works Morreim; and City Engineer Budde Absent: Councilmember Callies C. Review Agenda Sanschagrin moved, Zerby seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Sanschagrin moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of February 12, 2024 B. Approval of the Verified Claims List C. Approve Recruitment for Public Works Seasonal Hires D. Authorization to Declare Items as Surplus and Authorize Sale, Adopting RESOLUTION NO.24-013, "A Resolution Declaring Inventory as Surplus and Authorizing the Sale of the Same." E. Authorize Music License Agreements with BMI and SESAC Motion passed. 3. MATTERS FROM THE FLOOR John F. Heely, 26040 Shorewood Oaks Drive, explained that he had moved to the City in 1995. He noted that for several years the City had denied a building permit to fill in the marsh along Eureka Road and Highway 7 because it was a collection of water and beneficial from an ecological CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 26, 2024 Page 2 of 8 standpoint. He stated that in 1998 Woody Love was elected as mayor and approved a building permit for Shorewood Ponds that filled in the marsh and explained that one important point was missed, that water runs downhill and collects in flat areas. He noted that there was a pool of water that was about knee high in the trail in 2001, 2005, and 2016 and explained that his basement also flooded in 2001 and 2005 along with others in his neighborhood. He noted that after the City acknowledged that there was a problem, a solution was finally achieved after other failed efforts to slope the pathway and lower the curb. He stated that recently the asphalt was replaced by a pathway that creates a flat spot and wheelchair access that blocks the water from entering the street. He asked if the City Council were aware of this problem, if there was a plan to fix it, and asked if there would be a contract that the work to fix it would be done correctly before payment is rendered. He submitted a picture that showed how the water has built up. Barry Brown, 6050 Burlwood Oaks, stated that there was no video for the last Council meeting and asked if that was a problem with the video technician and/or if it was being addressed. City Administrator Nevinski stated that they had issues with the Zoom and the splitter and explained that he would check into it but believes that there was an audio recording of the meeting. Mr. Brown stated that he wanted to comment on the City's contracting practices and the improvements needed to eliminate re -work. He explained that he has reviewed some recent contracts that have had outstanding issues prior to resident involvement. He noted that we found that there was a lack of specificity which put an unnecessary burden on staff and Public Works employees which wasted labor hours. He shared examples from the Smithtown Ponds easement project, Freeman Park trail repaving, and the buckthorn removal contract. He stated that he feels that there are three areas of the contracting process that need attention by the City that all relate to communication and outlined them to the Council. He explained that he would like the City Attorney to be instructed to review and rewrite the language within the Professionals Services Agreement and work with staff to ensure that details are addressed within the contracts/proposals and asked Mayor Labadie to closely inspect the contracts before signing. He stated that he would also ask that the City continue to solicit and include language from residents who can be the most knowledgeable people in the City. Mayor Labadie apologized for a `Zoom Bomb' that has just hit the City's meeting and asked residents to disregard things that were said by these individuals. She explained that this type of behavior has been happening more frequently during city meetings. 4. REPORTS AND PRESENTATIONS 5. PARKS A. Report by Commissioner Garske on February 13, 2024, Park Commission Meeting Parks Commissioner Garske gave an overview of the actions and discussion from the February 14, 2024, Park Commission meeting as outlined in the minutes. Councilmember Sanschagrin asked if the Parks Commission had any specific thoughts in terms of how to engage with the Council. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 26, 2024 Page 3 of 8 Parks Commissioner Garske stated that he felt that their discussion came down to ways to be able to have an open discussion and be able to set the agenda for their meetings. He stated that in the past the Parks Commission has just discussed the items that have been brought to them and they would like to be able to have more control over what is put on their agendas. Councilmember Sanschagrin noted that within the minutes there was a discussion surrounding grant opportunities and asked if there was a process that the City can follow to proactively work towards getting access to the available grants. Parks Commissioner Garske stated that he believes that there are a few on the Commission that have a passion for this area and stated that he felt the discussion was more about how the City can make sure that the City Council hears about the grants and have direct communication with the Parks Commission. He explained that the Parks Commission has knowledge about things that they want to ensure are shared with the City Council. Mayor Labadie noted that the application period for filling the Park and Recreation Manager position has closed and the City has received more applications than expected and staff are working towards beginning the interview process to fill that position. 6. PLANNING A. Report by Commissioner Johnson on February 6, 2024, Planning Commission Meeting Planning Commissioner Johnson gave a brief overview of the discussion and actions from the February 6, 2024, Planning Commission meeting as outlined in the meeting minutes. Councilmember Zerby noted that Planning Commission Johnson had mentioned information from the League of Minnesota Cities and asked if that was something that the City could communicate to residents. He noted that there have been some comments in the past about the sign ordinance and believes the best approach would be to be as clear as possible, so residents understand. 7. ENGINEERING/PUBLIC WORKS A. Accept Quotes and Award the 2024 Manhole Rehabilitation Project, City Project 24-02 City Engineer Budde outlined the proposed 2024 Manhole Rehabilitation project and reviewed the quotes that have been received by the City. He stated that staff recommends awarding the bid to Floorcoat Midwest as the lowest responsible bidder. He noted that because the bid came in below the budgeted estimate, staff may look at adding a few more manholes to be lined and explained that if they do that it would be managed as a change order later in the process. Mayor Labadie asked why there was such a large discrepancy in the bids and if the City had conducted business with Floorcoat Midwest in the past. City Engineer Budde stated that he feels that there were a few anomalies related to the wide range in the bids, and believes it has something to do with the niche of this type of work. He noted that the City had not worked with this company in the past but noted that other staff members had CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 26, 2024 Page 4 of 8 in the past and felt that they did a very good job. He explained that staff felt confident that Floorcoat Midwest was a responsible contractor. Councilmember Zerby stated that this sets off alarms for him and asked if the City had reviewed the contract with this vendor to ensure that the City can hold them to their statement that they will stand behind their work. City Engineer Budde stated that the City does have the ability to hold them accountable and noted that the concerns raised during the discussion under Matters from the Floor, are still covered under the contract and the City will still be requiring the contractor to do this work. He explained that there was no issue, in his mind, with the contractor being able to fulfill their duties and is confident in them. He stated that Floorcoat Midwest is not a new contractor that is new to the market and has worked with many other cities and noted that no red flags have been raised about them and their work. Councilmember Zerby asked if City Attorney Shepherd had reviewed the contract. City Engineer Budde stated that he did not believe he had reviewed it yet. City Administrator Nevinski noted that they can ensure that City Attorney Shepherd reviews the contract. Councilmember Zerby reiterated that because there is such a huge gap between Floorcoat Midwest's bid and the others that awakens his `Spidey sense' and would like the City Attorney to review this more closely. Mayor Labadie stated that she agreed because the numbers were so different and wondered if they were proposing the exact same work as the others. She noted that while the City often sees discrepancies, she believed that this may be the widest spread she has ever seen. Councilmember Sanschagrin asked if the Council could approve this item contingent on review of the contract by the City Attorney or if they would need to table it for that to happen. City Engineer Budde stated that he would not be concerned if the Council delayed the decision to the next Council meeting, because they should have all summer to complete the work. City Administrator Nevinski noted that he believed these were standard type contracts that are used. He assured the Council that they had been reviewed by an attorney and were not something that was just made up. He stated that if the Council would like a particular contract to be reviewed more closely, they can bring it back to the next Council meeting. Councilmember Maddy questioned what the City Attorney would be reviewing because the City gave the contractor a scope of work and a reputable company came back with a bid. He stated that the City even asked them if they were sure about their bid, and they acknowledged that they were sure of it. He asked what the Council was expecting to find in the contract that would hook the City to shoddy work or expensive change orders. City Administrator Nevinski explained that the City has tried to standardize their contracts, so they do not have to run everything back through the City Attorney. He noted that this is an arrangement CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 26, 2024 Page 5 of 8 that the City Attorney has also been comfortable with in the past and is something that is best practice. He reiterated that they could have the City Attorney take a fresh look at the contract. Councilmember Maddy asked if they were talking about the City's bid requirements contract or the standard contract. City Administrator Nevinski explained that he was referring to the standard contract that the City would enter. City Engineer Budde explained that this contract is a template that has previously been reviewed by the City Attorney, but noted that there are unique elements to each project that are added in. Councilmember Zerby asked who generated the contract. City Engineer Budde stated that Bolton & Menk writes and generates the contract. Councilmember Zerby stated that he thinks it is worth looking at and noted that there were comments from the residents about some of the details in the contracts that may be lacking. Mayor Labadie outlined some of the things she felt the Council would like to be looked at more closely. Councilmember Maddy cautioned the Council not to confuse the City's contract with engineer and construction inspections contract but noted that he was willing to have someone double check the contract because of the discrepancy in the bids. Zerby moved, Sanschagrin seconded, Tabling discussion of RESOLUTION NO.24-014, "A Resolution to Accept Quotes and Award Contract for the 2024 Manhole Rehabilitation Project: City Project 24-02", until the next Council meeting. Motion passed. B. Accept Quotes and Award the 2024 Sanitary Cleaning and Televising Project, City Project 23-06 City Engineer Budde reviewed the 2024 Sanitary Cleaning and Televising project and outlined the bids that were received. He explained that the low quote was received from Pipe Services which was a bit above the engineer's estimate. He noted that staff recommended awarding the project to Pipe Services as the lowest responsible bidder. Councilmember Sanschagrin asked how long it had been since these have been cleaned. City Engineer Budde stated that they believe it has been at least twenty years. Councilmember Zerby asked if there had been additional funds included for inspection. City Engineer Budde stated that this project will not require much inspection and noted that the most effort will be on gathering the right of entries that will be needed. Councilmember Zerby asked how many residents this project served. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 26, 2024 Page 6 of 8 City Engineer Budde stated that he would estimate about twenty-five to thirty residents. He explained that this contract is simply for televising and documenting and would not include repairs. He noted that jetting should remove most of the loose debris and they are hoping that they do not find large cracks in the pipes, but this will help the City be able to identify and maintain the infrastructure in the long term. Mayor Labadie asked if staff had been surprised that the City only received two bids for this work. City Engineer Budde stated that he was surprised and believes that some of the contractors may be nervous about being in the backyards of multi -million -dollar properties and would be responsible for any damage that may occur. Maddy moved, Zerby seconded, Adopting RESOLUTION NO. 24-015, "A Resolution to Accept Quotes and Award Contract for the 2024 Sanitary Cleaning & Television Project; City Project 23-06." Motion passed. 8. GENERAL/NEW BUSINESS A. Appoint Commissioners Mayor Labadie explained that earlier this evening the Council held interviews for the open Commission positions. The Council discussed the applicants and their impressions from the interviews and agreed on the following appointments: Mary Bahneman — Park Commission Ken Huskins — Planning Commission Todd Eggenberger — Planning Commission The Council strongly encouraged David Vierthaler to apply for future openings on the Planning Commission. Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 24-016, "A Resolution Appointing Commissioners to the Park Commission and Planning Commission." Motion passed. 9. STAFF AND COUNCIL REPORTS AND DISCUSSION A. Staff Public Works Director Morreim stated that they are continuing to prepare for the upcoming fire inspections and noted that staff is nearly done with the various work that they had undertaken at the City facilities. He noted that they will also be doing a fair amount of training in the next few weeks. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 26, 2024 Page 7 of 8 Planning Director Darling gave a brief update on the City's construction projects, including a subdivision at the corner of Eureka and Highway 7; Lake Park Villas; and Maple Shores. City Administrator Nevinski noted that there is a bill currently moving through the legislature called the `Missing Middle' bill which would have an impact on local control and seems to have bi- partisan support and gave a brief explanation of what is included in the bill. He stated that cities are being encouraged to contact their legislators with their thoughts on this proposed bill. Mayor Labadie asked that City Administrator Nevinski forward copies of the existing documents in opposition to this bill. City Administrator Nevinski stated that they will include as much information as they have available. Mayor Labadie stated that she finds this bill extremely disturbing and noted that many of the cities affected do not have the infrastructure to be able to accommodate increased density. Councilmember Zerby stated that he has always been opposed to situations when the next level of government decides that this type of decision should be theirs and not the residents along with their local elected officials. He stated that he feels if this bill is approved it would create one big city and there would not be any individuality and would support a memo in opposition to this proposed bill. Councilmember Sanschagrin stated that he was also opposed to this bill, particularly the overt statement on avoiding public input on development. City Administrator Nevinski stated that the City had applied to MMB for potential funding of the Mill Street Trail and watermain project. He noted that there were ten candidates interviewed earlier today for the Park and Recreation Manager position and the second round is scheduled for March 11, 2024. B. Mayor and City Council Councilmember Sanschagrin thanked Councilmember Maddy for sitting in for him at the LMCC meeting when he was ill. He stated that he completed the advanced training for elected officials from the League of Minnesota Cities and noted that he found it useful. He suggested that the City schedule time at an upcoming meeting to discuss `crisis ready leadership' for the future. Mayor Labadie explained that the City's policy for a crisis is that the mayors of the cities that are part of the SLMPD and the five cities within the EFD defer to the chiefs. She described some of the extensive crisis training that takes place every few years that she felt was very valuable. Councilmember Maddy stated that LMCC is still trying to sell the building to fund their operations and explained that there has been a bit of a hiccup because the building used to be involved in auto sales that conducted some maintenance activities so there needs to be some testing done on the soils. Mayor Labadie stated that she spoke at the Lake Fellowship of Unitarian Universalists yesterday and extended an invitation to other groups to contact her, if they would like her to come and speak about government or the role of the City Council. She reminded residents that the EFD is hosting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 26, 2024 Page 8 of 8 a CPR certification class on February 28, 2024, and another free class without certification on April 9, 2024. She noted that Senator Morrison had called her last week and asked if she would testify later this week before the Senate Transportation Commission regarding SF 2332 related to the Highway 7 corridor. 10. ADJOURN Sanschagrin moved, Maddy seconded, Adjourning the City Council Regular Meeting of February 26, 2024, at 8:11 P.M.