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02-12-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 12, 2024 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:05 P.M. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Communications and Recycling Coordinator Wilson announced that they were having a bit of technical difficulties that staff was working to resolve. 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; City Engineer Budde; Communications and Recycling Coordinator Wilson (via electronic means) Absent: None C. Review Agenda Sanschagrin 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 2.1-1. for separate discussion. Callies moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of January 22, 2024 B. City Council Special Meeting Minutes of January 26, 2024 C. City Council Retreat Minutes of January 26, 2024 D. Approval of the Verified Claims List E. Resolution Appointing 2024 Election Judges Adopting RESOLUTION NO.24- 010, "A Resolution Appointing 2024 Election Judges and Establishing Absentee Ballot Board." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2024 Page 2 of 8 F. Approval of Election Judge Pay, Adopting RESOLUTION NO. 24-011, "A Resolution Approving Election Judge Compensation Rates." G. Approve Extension for Compliance Code Violation — Location: 5290 and 5300 Howards Point Road, Adopting RESOLUTION NO. 24-012, "A Resolution Approving a Request for Extension to Correct Code Violations for Properties Located at 5290/5300 Howards Point Road." (Moved to 8.A for separate discussion) I. Approve Concessions Agreement with Tonka United Motion passed. 3. MATTERS FROM THE FLOOR Jeff Wyatt, 5335 Eureka Road, asked the Council to support the mill and overlay option for Eureka Road because he feels it is the only option that adheres to the City's Comprehensive Plan. He read aloud some language included in the Comprehensive Plan that he felt were relevant. He noted that he could provide the Council with links to six studies that support his assertion that widening this roadway would lead to increased traffic volume, speed, pedestrian accidents, more environmental impacts as well as higher maintenance costs. He reiterated his request that the Council support a project that would keep the roadway at its current width. Tina Johnson, 25520 Orchard Circle, stated that she chose to move to the City five years ago partly because of the large mature trees, her large yard, and Eureka Road itself. She stated that she has kids that ride bikes and scooters and noted that she has walked two dogs on the street and has never been fearful of a car hitting her. She stated that she feels it is wide enough in its current form and explained that has a runner, she also appreciates the tree canopy that exists over the road because it provides shade. She stated that the trees along their street are beautiful in all seasons. She explained that she also supports the mill and overlay option. Barry Brown, 6050 Burlwood Court, explained that this was his sixth time speaking to the Council about buckthorn in Freeman Park. He stated that this time he will present a plan whereby volunteer groups work cooperatively with the City. He noted that he had spoken directly with the University of Minnesota professor he had referred to at the last meeting and briefed him on the situation at Freeman Park. He stated that the professor agreed that the cutting and exhausting method would work as long as they spread native seeds this spring to choke out the regrowth, repeatedly cut new growth, and have enough volunteers available to keep up with periodic regrowth. He stated that if the City approves this project, the University of Minnesota has preapproved inclusion of Freeman Park within his research study, at no cost to the City. He stated that plans to review his proposal with the Park and Recreation Commission later this week. He distributed his proposed plan to the Council and highlighted what he felt were key areas. He explained that he has a list of over thirty people as well as Boy Scout Troop #409 out of Excelsior, who have committed to volunteer in these efforts. He stated that he also has over one -hundred thirty people who have signed a petition that he was still in the process of contacting. He noted that he felt what he was proposing was a cooperative maintenance plan that will have very little CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2024 Page 3 of 8 cost to the taxpayers and asked that the Council vote on chemical use at Freeman Park at their next meeting. Mayor Labadie stated that she can tell that Mr. Brown put a lot of work into his proposal and thanked him for distributing it to the Council for their review. Steve Klimowicz 26135 Shorewood Oaks Drive stated that he was here to show his support for the volunteer program for buckthorn removal at Freeman Park. He stated that he had a few neighbors that were not able to attend tonight's meeting that asked him to pass along their input. He read aloud a comment from Jeff Lee at 6045 Maple Leaf Circle, who has committed to volunteer on the weekends. He read aloud a statement from Andy Clayburn, 6065 Burlwood Court, who has also committed to volunteering at Freeman Park. He read aloud a comment from Valerie Cowens at 6349 Fir Tree Avenue who also committed to volunteer in the fight to control the buckthorn. John F. Healy, 26040 Shorewood Oaks Drive, stated that he and his wife walk their dogs and enjoy the woods in Freeman Park. He explained that they appreciate that no poison has been put down and are also willing to volunteer in this effort to control buckthorn. Julie Moore 6060 Burlwood Court stated that she lives near Freeman Park and her family have been long time volunteers with the City in many capacities. She stated that they agree with the statements that have been made that there not be chemical use whenever possible. She explained that they walk in the park every day and see lots of seniors and pets in the Park so her family would be happy to volunteer their time to help control the buckthorn. She stated that she had spoken with several other groups, not just residents, that have committed to posting volunteer opportunities for this effort. She stated that she believes that they will truly have plenty of volunteers to do this work, but would ask that the City also have a plan for the long-term eradication of the buckthorn. Pat Arndt, 5480 Teal Circle, stated that she was grateful to Mr. Brown for taking the time to make a plan and organize this effort. She stated that she wanted to let the Council know that she was also ready to show up with her shovel and help eradicate the buckthorn. She noted that she believes that this may be the first time she has seen this kind of enthusiastic volunteers come together for this effort. Dave Vierthaler, 25755 Maple View Court, thanked Mayor Labadie and Councilmember Sanschagrin for responding to his invitation to stop by and walk through his property to see what he had done by manually pulling the buckthorn over the last five years and not using chemicals. He stated that he believes with the volunteer efforts, he believes the City will be able to accomplish the same thing without the use of chemicals and noted that he was also willing to commit to volunteer to do what is needed in order to keep chemicals out of the Park as well as eradicate the buckthorn. Pete Musselman 6025 Burlwood Courtintroduced his daughters, Charli and Stevi and explained that they play in the park every day. He stated that they really do not want to see chemicals used in the park and wanted to let the Council know that they were willing to help. He noted that his daughters are capable of destroying anything, which would include buckthorn and would also be happy to assist. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2024 Page 4 of 8 Charli Musselman 6025 Burlwood Court with her father's assistance, expressed concern about her favorite tree, `Agatha' having chemicals sprayed on it. Mayor Labadie asked if the technical issued had been resolved so the people participating on- line were able to address the Council. Planning Director Darling stated that she believed there were two individuals on-line that wished to address the Council and believes the issues they had with the audio feed had been resolved. The technical issues were still present and the Council was able to hear the individuals on-line, however, they could not hear the Council or what had taken place the meeting thus far. Alan Yelsey, 26335 Peach Circle, stated that he had not been able to see or hear what had happened earlier in the meeting. He stated that he assumes that there were individuals who had made presentations regarding Eureka Road as well as the use of systemic pesticides in Freeman Park. Mayor Labadie confirmed that was what had happened earlier in the meeting and asked Mr. Yelsey to share his comments with the Council. Communications and Recycling Coordinator Wilson relayed comments to the on-line participants as they were still unable to hear to the Council. Mr. Yelsey explained that he was in support of the Eureka Road residents opinion on the road project as well as the petition prepared by Mr. Brown and the opinions of the nearby residents regarding buckthorn removal at Freeman Park. He stated that he would also support the Council taking a vote at their next meeting which he hopes will against the use of systemic pesticides at Freeman Park and others in the City, including the use of them on ballfields because many residents oppose that usage. He expressed his dissatisfaction that the residents have to fight the Council in order to get them to listen. He noted that he feels it is unpardonable that he has not been able to hear this meeting. Chris Brown 6050 Burlwood Courtstated that he was here in support of the proposed projects in Freeman Park and wanted to make sure his voice is heard. He explained that he was willing to volunteer and would also bring large quantities of friends to help in this effort as well in order to avoid chemical use and minimize machinery in the Park. He expressed frustration with the technical difficulties that have prevented them from being able to hear the Council or the meeting. Mayor Labadie stated that staff was trying their best to resolve the issues and encouraged those that were able to get in their cars and come join the meeting in person is possible. She assured residents that the City was not trying to prevent anything but were truly having technical difficulties. She asked that the petition that had been mentioned be provided to staff so it can be distributed to the Council 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2024 Page 5of8 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Approve Agreement with Davey Resource Group (former Consent Agenda item 2.H.) Public Works Director Morreim stated that this item is a renewal of the agreement between the City and the Davey Resource Group. He explained that the contract was basically just for their professional arborist services with the same individual who has served in this position for at least eight years. He stated that they are taking out the actual removal of trees from this agreement because the City will be working with both Davey Resource Group and other tree removal companies with the hopes of getting better costs for this service and hopefully also allow them to expand services in an emergency situation. Councilmember Sanschagrin stated that he wanted to share some information that he found very helpful that Public Works Director Morreim had shared with him. He outlined individual items in the agreement and what they mean. He stated that he is happy that the City was planning to have tree removal services up for bids. Councilmember Callies stated that she also felt it was a good idea to be open to using other companies for tree removal services. She asked about the educational consultation to homeowners piece and how this was communicated to the homeowners. Public Works Director Morreim stated that the information is available on the City's website and was also in the Shore Report a few times. Councilmember Callies asked if this service to the residents was well used. Public Works Director Morreim stated that every year there are from ten to fifteen residents who utilize this service. Councilmember Sanschagrin encouraged staff to reach out to some of the arborist talent that is within the City. Sanschagrin moved, Maddy seconded, Approving Agreement with Davey Resource Group. Motion passed. 9. STAFF AND COUNCIL REPORTS AND DISCUSSION A. Staff 1. Response Matters from the Floor (January 12, 2024): Kristin Kowalski City Administrator Nevinski briefly reviewed the City responses to comments/questions expressed at the January 12, 2024 City Council meeting by Kristin Kowalski. Councilmember Sanschagrin noted that he and City Administrator Nevinski have had a lot of conversations regarding engineering services. He explained that one of the things that was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2024 Page 6 of 8 pointed out to him was that City Administrator Nevinski monitors the reasonableness of the prices that are charged and asked him to expand on that. City Administrator Nevinski stated that for projects, the City goes out for bid, and in the past, they have gotten a good response from the market in getting project bid competitively. Councilmember Sanschagrin explained that he just wanted the residents to know that the City was looking closely at this and making sure that they were not overpaying for projects in the City. City Administrator Nevinski noted that the engineering contract is reviewed every three years and has changed consultants from time to time. Councilmember Zerby asked if it may be time to revisit the organizational chart and noted that when the City had engineers on staff, it made sense to put them under Public Works, but now with the consulting service, he is not sure Public Works Director Morreim should be directly responsible for City Engineer Budde. He stated that he did not believe he conducts annual job review because he is a contractor, not an employee. He asked if the supervision for this position should be moved over to be directly under City Administrator Nevinski. City Administrator Nevinski stated that the Council could have that conversation but noted that City Engineer Budde and Public Works Director Morreim work very closely together. Councilmember Zerby stated that he understood that, but does not see Public Works Director Morreim having supervision authority over City Engineer Budde and asked if there was much guidance that took place on what to do and how City Engineer Budde is doing his job. Public Works Director Morreim confirmed that he and City Engineer Budde work closely together on projects and their schedules and making sure they correlate back to the budget. He stated that there have been situations where he has pushed City Engineer Budde and his staff to get things done a certain or prioritized in a certain way. He explained that he felt having the engineering services under Public Works was a good thing because of how closely they work together. Councilmember Sanschagrin stated that his understanding was that Public Works Director Morreim was a Civil Engineer which would provide him with the necessary technical background. Public Works Director Morreim confirmed that he was a registered Civil Engineer. City Administrator Nevinski explained that the current supervisory structure is similar to what most cities have also done. Councilmember Callies noted that ultimately, it is the City Council who, when the bids come in, make the decision to authorize the project. She stated that it is the Council's job to ensure that the City is getting value for their dollar. Other Public Works Director Morreim stated that despite the lack of snow, Public Works is staying busy and outlined some of the activities they are undertaking since they are not plowing as much as usual. He noted that staff will be doing some general clean up over the next few weeks at Freeman Park, but explained that it was not related to the buckthorn removal. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2024 Page 7 of 8 City Engineer Budde explained that staff is currently soliciting quotes for sanitary sewer cleaning in areas that Public Works cannot access with their equipment and also for a manhole rehabilitation project. He stated that staff is also actively working to pull together plans for the 2024 mill and overlay and the Smithtown drainage project. City Clerk/HR Director Thone stated that direct balloting will begin February 16, 2024 and noted that election judges will be trained this week for the March 5, 2024 election. She stated that the City currently has twenty-three applicants for the Park and Recreation Manager position and noted that the posting will close on February 18, 2024. City Administrator Nevinski noted that the legislative session began today and he expects that it will be a bonding and policy driven year. He stated that he also believed the cannabis discussion will be notable and they will be watching to see what type of changes come from this session. He stated that the Highway 7 study is progressing. He explained that the plan for the Park and Recreation Manager position is that staff will sort through the initial applications and conduct a first round of interviews and then give the Council the opportunity to also interview some candidates. He noted that staff is proposing a Special Meeting on March 7, 2024 for this purpose. Mayor Labadie noted that the League of Women Voters was holding a mayor forum that evening that starts at 6:00 p.m. She asked if that if they hold the Special Meeting on that day that they wrap up the meeting by about 5:15 p.m. to 5:30 p.m. so she can attend the League of Women Voters forum. B. Mayor and City Council Councilmember Sanschagrin stated that he attended the Planning Commission last week where they had a detailed discussion about potential amendments for the content neutral sign code. He stated that this week he will be attending the LMCC meeting. He stated that he also wanted to announce that his son, Alec, will be a page for this legislative session. Councilmember Zerby noted that he had served as a page and it was a lot of fun. Councilmember Maddy stated that he and City Administrator Nevinski had attended the Mound Fire Advisory Committee which he found very informative. He stated that at the last Excelsior Fire District meeting he was appointed as Chair and noted that they are moving along with the process of ordering a new truck. He noted that there was an incident where someone from the shore heard someone yelling for help from the middle of the lake which turned out to be someone who had gotten lost in the fog and he and his four -wheeler had fallen through the ice. He explained that both the SLMPD and the Excelsior Fire District responded and were able to locate this individual over eight hundred feet off the shore and help get him out of the lake and onto the shore. He stated that he is very proud of both the SLMPD and the Excelsior Fire District for what they were able to do in this situation and wanted to make sure people heard about some of the things that they do for the community. Mayor Labadie stated that the SLMPD had met recently and noted that a request will be coming before the Council for body cameras and some new technology. She stated that the Council held a Special Meeting on January 30, 2024 where they discussed the SLMPD Pay Equity Report that was unanimously approved. She stated that last week she spoke at Shorewood Landings which she does every other month. She offered to speak at other interested groups, organizations, or CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2024 Page 8 of 8 churches that may be interested in having her come like she does for the Shorewood Landings. She noted that last Friday and Saturday, Councilmembers Callies and Maddy along with herself attended the League of Minnesota Cities advanced training seminar for elected leaders which is held once a year. She stated that earlier today she had attended an event hosted by the Regional Council of Mayors where they discussed climatology and sustainability initiatives. Councilmember Zerby asked if Mayor Labadie had any information on the license plate tracking camera. Mayor Labadie stated that there are several cameras that have been approved that will be installed and noted that she believes Shorewood's was slated to be installed late last week, but was not sure if it had been done. She noted that the night the City had intense vandalism where three parks were hit, if those cameras had been installed, they would have been able to catch those license plates. 10. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of February 12, 2024, at 8:14 P.M.