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03-11-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 11, 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. A. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Planning Director Darling; Director of Public Works Morreim; and City Engineer Budde Absent: Councilmember Zerby B. 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 Callies stated that she was not at the February 26, 2024 Council meetings but was marked present in the minutes. Callies moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein, as amended. A. City Council Work Session Minutes of February 26, 2024 B. City Council Regular Meeting Minutes of February 26, 2024 C. Approval of the Verified Claims List D. Approve Cancellation of MetroNet Letter Agreement E. Approve 2024 Tree Sale F. Approve Multiple Dock License Location: 23500 Smithtown Road Applicant: Minnetonka Marina G. Accept Improvements and Authorize Final Payment for Silverwood Park Improvements, City Project 21-05, Adopting RESOLUTION NO. 24-017, "A CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 11, 2024 Page 2 of 6 Resolution for Final Acceptance for the Silverwood Park Improvements; City Project 21-05." H. Authorize an Amendment to Development Agreement; Applicant: Excelsior Woods, LLC (Plat — Excelsior Woods); Location: 20325 Excelsior Boulevard, Adopting RESOLUTION NO. 24-018, "A Resolution Authorizing an Amendment to the Development Agreement for Excelsior Woods Located at 20325 Excelsior Boulevard." Motion passed. 3. MATTERS FROM THE FLOOR No one addressed the Council. 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING 7. ENGINEERING/PUBLIC WORKS A. Accept Quote and Award Sanitary Sewer Manhole Rehabilitation Project, City Project 24-02 City Engineer Budde reviewed the proposed Sanitary Sewer Manhole Rehabilitation Project and quote process. He explained that the lowest quote came in about fifty percent below the engineer's estimate but when staff followed up with them, they confirmed that they understood the project requirements and would stand behind their quote. Staff recommends approval of awarding the project to the low quote from Floorcoat Midwest. Councilmember Sanschagrin asked why this was not being processed as Public Works project instead of contracting it out. Public Works Director Morreim explained that this work is somewhat specialized and his staff would need to be certified for being in the confined spaces, so typically their Department does not do much of these confined space projects. He noted that they also do not do the specialized work on manholes and this contractor specializes in this which means they would also be more efficient that Public Works staff. Councilmember Sanschagrin asked for additional detail behind the $18,000 that had already been incurred. City Engineer Budde gave a brief explanation behind the $18,000 that had already been incurred for engineering design, bidding and inspections. Councilmember Sanschagrin asked if staff felt the changes for attaining the grant was `in the bag' or if there was a risk that the City would not receive it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 11, 2024 Page 3 of 6 City Engineer Budde stated that he believes there is a very low risk that the City would not get the grant funds. City Administrator Nevinski noted that this funding is generally provided by the legislature Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO.24-015, "A Resolution to Accept Quotes and Award Contract for the 2024 Manhole Rehabilitation Project; City Project 24-02." Motion passed. B. Approve Plans and Specifications and Authorize Bidding for 2024 Mill & Overlay and Smithtown Road Drainage Improvement, City Project 24-01 City Engineer Budde reviewed the proposed 2024 Mill an Overlay Project and the Smithtown Road Drainage Improvement Projects and noted that included in the project would be: Boulder Circle; Church Road; Murray Street; Murray Court; Bracketts Road; Lilac Lane; Spruce Hill Court; Oak View Court; Maple Street; Chestnut Court; and Whitney Circle. He noted that Lilac Lane rests on the Chanhassen municipal boundary and it is not clear which city is responsible for long-term ownership and maintenance. He explained that the City had asked Chanhassen if they would split the costs with the City but has not yet heard back from them. He outlined ways that the project can be altered to include or eliminate alternate streets based on the bidding results. Staff recommends approval of the final plans and specifications and authorize bidding. Councilmember Sanschagrin asked about the situation with Lilac Lane. City Engineer Budde went into greater detail regarding the history of Lilac Lane and what both cities had done in the past based on meeting minutes and other information. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 24-019, "A Resolution Approving Final Plans and Specifications and Authorize Bidding for 2024 Mill and Overlay and Smithtown Road Drainage Improvements; City Project 24-01." Motion passed. 8. GENERAL/NEW BUSINESS A. Repeal Chapter 504 Regulations Planning Director Darling explained that staff is currently undertaking the project of reviewing and updating the Shorewood City Code. She reviewed the general contents of Chapter 504 and the staff recommendation to remove this section of Code. Callies moved, Maddy seconded, Adopting ORDINANCE 604, "An Ordinance Repealing Shorewood City Code Chapter 504, Premises Conductive to High -Risk Sexual Conduct." Motion passed. B. Adopt Resolution Opposing State Preemption of Local Zoning Authority CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 11, 2024 Page 4 of 6 City Administrator Nevinski reviewed the discussion at the last Council meeting about the series of bills that are moving through the legislature that would preempt local zoning authority and the request to bring a resolution back to the Council that states the City's opposition to this legislation. He gave a summary of some things that have been included in this proposed legislation and explained that they would preempt cities from having any sort of regulations that would meet their goals for development. He noted that the advice the City has received from the League of Minnesota Cities is to reach out to their local Senators and Representatives regarding this bill and explained that there is bipartisan support for this. Mayor Labadie noted that she feels that this is potentially the worst piece of legislation that may come out of this session. She explained that to expect that residents of a city can no longer voice their concerns regarding any type of development is ridiculous. She stated that there is also no proposed funding for an infrastructure upgrades or expansions that could result from increased density. She stated that local cities know their cities the best and the residents know their communities the best and eliminating the ability for a resident to be able to make any comment about what would be going in right next door to them is horrific. She stated that she would support this resolution and has been discussing this at various meetings with other leaders already. She encouraged people to learn more about this proposed legislation and then contact their Senator and Representative. Councilmember Sanschagrin stated that he also supports this resolution and shares the same concerns that were outlined by Mayor Labadie. He suggested that some of the terms be more clearly defined for the public, such as ADU. City Administrator Nevinski explained that ADU stood for Accessory Dwelling Units and agreed that they could be explicit with those terms. Planning Director Darling gave a brief overview of what this legislation was proposing related to ADUs. Councilmember Sanschagrin asked, from a practical perspective, what this resolution would `do.' City Administrator Nevinski explained that it clearly outlines the City's position. Councilmember Callies stated that she also supported this resolution and noted that it seemed like it may have been a result of the Minneapolis 2040 Comprehensive Plan that received so much controversy and asked if that was correct. Planning Director Darling stated that she did not believe so because this goes well beyond what Minneapolis has tried to do. She noted that for many years, the builders associations have been fighting cities on some of these types of issues such as things related to allowing more units on a property as a means of providing more affordable housing. She stated that there are also people on the other side of the aisle who are really working to get more affordable housing and are attempting to allow, by right, more units on each property, so there is just more housing for people not just in the center cities, but throughout the metro area. City Administrator Nevinski clarified that this was not an anti -housing proposal but reiterated that the concern is local control and the State taking a giant sledgehammer and saying that the cities will solve the housing shortage problem with this big slam of the hammer, which he feels is not CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 11, 2024 Page 5 of 6 realistic. He clarified that the position taken in this resolution is saying that local control and public input matters. Sanschagrin moved, Labadie seconded, Adopting RESOLUTION NO. 24-020, modified to clearly outline the meaning of `ADU', "A Resolution Opposing State Preemption of Local Zoning Authority and State Mandated Zoning Standards" Motion passed. Mayor Labadie asked that staff provide a signed copy of this resolution, as a courtesy, to the neighboring cities. 9. STAFF AND COUNCIL REPORTS A. Staff Public Works Director Morreim noted that they have begun recruitment for the seasonal employees and encouraged anyone interested to go to the City website and apply. He stated that spring sweeping officially started today although they did also sweep one day last week. He explained that he expected the process to take anywhere from four to six weeks to complete. He gave an update on the park vandalism repairs and stated that because they have been dealing with insurance it has taken a bit longer than he had expected. He stated that he was hopeful that most of the bathrooms would be able to be opened soon. He stated that the contractor for the Freeman Park Buckthorn is done and Public Works staff is in the areas doing work to cut down dead and leaning trees. He explained that they were doing that ahead of a volunteer event that will be happening on March 23, 2024 from 9:00 a.m. to 12:00 noon to help clear out the debris for Public Works to clear and ship out. He stated that this will help clear things out but also with future maintenance and gaining access to the area. City Administrator Nevinski stated that if people are interested in volunteering there is a sign up form located on the City website. He noted that volunteers under the age of eighteen would need to have forms signed by their parents for approval. He noted that the initial meeting place for the volunteers will be near the ballfields and playground at Freeman Park. City Clerk/HR Director Thone gave an update on the election and noted that they had 1025 voters show up on election day and 195 absentee voters. She explained that this is a 20.5% voter turnout which is quiet but is higher turnout compared to local cities. She reviewed the upcoming elections on May 14, 2024 and April 30, 2024. City Administrator Nevinski stated that the City has completed the interview process for the Park and Recreation Manager position. B. Mayor and City Council Councilmember Sanschagrin stated that he plans to attend the Planning Commission meeting on March 19, 2024 and noted that he also plans to be part of the buckthorn removal volunteer event. Councilmember Maddy stated that last week he had attended the monthly meeting of the Fire Relief Board and noted that they are 123% funded for retirement. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 11, 2024 Page 6 of 6 Mayor Labadie explained that she had testified in front of the Senate Transportation Committee on March 6, 2024 regarding Highway 7 funding for a corridor coalition. She stated that the Day on the Hill was held on March 7, 2024 and both she and City Administrator Nevinski attended. She noted that she had also attended the Minnesota Mayor's Executive Committee meeting on March 8, 2024 and noted that the annual elected conference for elected leaders will be held on Rochester, rather than Duluth. She stated that the Regional Council of Mayors meeting was held earlier today where they discussed housing bill that the Council discussed earlier in this meeting. 10. ADJOURN Sanschagrin moved, Maddy seconded, Adjourning the City Council Regular Meeting of March 11, 2024, at 7:52 P.M. Motion passed. ATTEST: 2. C _ ) ® J nife Labadie, Mayor Sandie Thone, City Clerk