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
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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.
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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
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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
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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.
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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