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03-25-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 25, 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 Callies, Sanschagrin, and Zerby; City Attorney Schmidt; City Administrator Nevinski; City Clerk/HR Director Thone; Planning Director Darling (via electronic means); Communications Coordinator Wilson (via electronic means); Director of Public Works Morreim; and, City Engineer Budde Absent: Councilmember Maddy 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. Councilmember Sanschagrin asked if the March 11, 2024 Work Session minutes had been corrected to show accurate motions with did not include Councilmember Zerby since he was not in attendance. Mayor Labadie noted that those changes would be made within the permanent record. Councilmember Sanschagrin asked to move item G. to the regular agenda. Zerby moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of March 11, 2024 B. City Council Regular Meeting Minutes of March 11, 2024 C. Approval of the Verified Claims List D. Approve Park/Recreation Manager Hire CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2024 Page 2 of 8 E. Approve Quote and Award Contract for Public works Pickup and Liftgate F. Accept Improvements and Authorize Final Payment for Grant Street Drainage Improvement, City Project 18-04, Adopting RESOLUTION NO. 24- 021, "A Resolution for Final Acceptance and Payment for the Grant Street Drainage Improvements; City Project 18-04." Q A--thnr*zp RhG-Fewoed Lane Ravine Grant Appliration, City PFGjert 17-4-5-, League of fillonna-sn-ta Cities G f e- r the SO h n-F&W.AV n- n-d 1-a- ne Ravi ne- " (moved to item 8.A) H. Accept Landscaping Maintenance Quote and Service Agreement I. Accept Park Bench Donation - Smithtown Pond Motion passed. 3. MATTERS FROM THE FLOOR Duane Laurel 5595 Eureka Road stated that he appreciated the work done on buckthorn removal at Freeman Park and thinks it looks really good. He stated that the buckthorn will come up again next year and noted that the City could get a milling head for their skid steer and run through the area. He noted that for the work the City is proposing to do on Eureka Road in 2025, he does not think that they should do a mill and overlay because in 1995 when the water was put in, they sawed down the center of the road. He noted that both the east and west sides are equally as bad because the road is only as good as the dirt it is put on and referenced `Shorewood muck'. He stated that if the City does anything the minimum they should do, in his opinion, would be to reconstruct the road and pave it and noted that in order to get rid of the edge cracking they will need to put in curb and gutter in order to get rid of the water. David Cooley, 24725 Smithtown Road, asked how many members of the City Council were dog owners and explained that he would like to discuss the City policy related to dogs. He noted that there are three million dollar properties next to him and between those properties they have a total of seven dogs. He noted that City staff had told him to call the police if there was a violation of the City police related to dogs but explained that he had been trying to hold off on taking that action in order to be a `good neighbor'. He stated that he had spoken to his neighbor about finding a way to get their dog to stop barking every time they exited a door on their property or were using the backyard. He explained that the barking is a constant issue and this lack of dog training has an impact on the neighbors. He stated that he ended up calling the police like the City had told him to do, and the reply he got from them was a question on whether the dog would be barking when they arrived. He stated that he felt the current policy encourages neighbors having an adversarial relationship and asked them to consider making better policies for the future. Mayor Labadie stated that calling the police was the correct action in this type of situation and explained this call was documented. She noted that Planning Director Darling also has ordinances CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2024 Page 3 of 8 in place related to dogs and explained that she would ask her to reach out to Mr. Cooley tomorrow in order to discuss this situation. Mayor Labadie took a moment to introduce Mr. Dang Lee who has recently opened the Bravo Barber Shop and welcomed him as the newest business owner in the City. 4. REPORTS AND PRESENTATIONS A. Website Launch Communications Coordinator Wilson gave an update about the launch of the City's new website which will happen on March 26, 2024 at 10:30 a.m. He explained that the new website would have more user friendly features, dynamic content, and different news features that should help communication with residents. He reviewed some of the ways that residents will be able to give the City feedback on the new website until May 10, 2024. He explained that the City's new URL will be www.shorewoodmn.qov and noted that redirection should take place by their carrier if people are trying to access the page by using the current information. He noted that for the time being, City addresses will remain the same, but the intent will be to switch them out as well later in the year. Councilmember Callies asked why they were not planning to change the a -mails at the same time as the website and URL changes are made and explained that it seems as though that may be more confusing. Communications Coordinator Wilson explained that this approach was a suggestion from the IT company because making those changes is a different process. He noted that the City also needs to do an inventory of all of their print materials that have the current e-mail addresses listed. He stated that the delay in making the transition was designed to give them some time to review the situation. 5. PARKS A. Report on March 12, 2024 Park Commission Meeting Mayor Labadie noted that this information was included in the meeting packet for review. 6. PLANNING A. Report by Commissioner Holker on March 19, 2024 Planning Commission Meeting Planning Commissioner Holker gave a brief presentation on discussion and recommendations that took place at the March 19, 2024 Planning Commission meeting as outlined in the minutes. 7. ENGINEERING/PUBLIC WORKS A. Eureka Road Direction on Project Scope, City Project 23-01 City Engineer Budde explained that the City had been planning to make improvements to Eureka Road for the last five years and noted that it was currently slated for improvement in 2025. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2024 Page 4 of 8 gave a brief overview and summary of the public engagement and project schedule. He reviewed the options for potential improvements and the feedback received from residents that eventually resulted in an additional option that consisted of reclamation and selective addition of curb. He noted that a large part of the discussion was related to adding a sidewalk or trail and pointed out that there have been no pedestrian casualties or injuries along this corridor. He explained that they have gotten feedback from residents that there have been `close calls' due to the speeding taking place along Eureka Road. He stated that they have gotten input from residents both in favor and opposing the addition of a sidewalk and explained that about two-thirds of the input has been that they felt that there was not a need for a sidewalk. He reviewed the project summary including the scoping summary of costs, duration and budget details. He noted that the projected costs have a range to account for the unknown information such as utility repairs, extent of curb and the full depth of the repairs needed. He stated that staff is recommending that the City move forward with a mill and overlay and noted that in their research they did not see an indication that frequent and large excavations would be required within the roadway which is why they did not see the need to reclaim the roadway. He noted that regardless of being included in the City's trail implementation plans, there does not seem to be support for residents for inclusion of a sidewalk. He reiterated that staff was recommending moving forward will a mill and overlay and concrete curb and gutter just in select places in order to address some drainage issues. Mayor Labadie stated that residents have been able to comment on this potential improvement project many times already, including at a public hearing and explained that at this point, it is a Council and staff discussion. Councilmember Sanschagrin asked for an explanation about the cost range for the mill and overlay project and asked if the lowest number included any curb and gutter. City Engineer Budde stated that the lowest number would include a minimal amount of curb and gutter. Councilmember Sanschagrin asked if City Engineer Budde had any concerns about the potential lifespan of a mill and overlay project being ten to fifteen years. City Engineer Budde explained that with a full constructed, brand-new roadway, you can usually plan on at least twenty years, but with good maintenance can be thirty to forty years. He noted that a reclamation project would not address anything with the underlying soils or base. Councilmember Zerby asked if there were any utilities that needed to be moved. City Engineer Budde explained that he had looked more closely at the City's utilities but has not reached out to the other utilities such as Xcel and CenterPoint so see what they may need to do in the area. City Administrator Nevinski noted that Councilmember Maddy was ill and unable to attend tonight's meeting, but had sent an e-mail so his thoughts could be shared as part of the discussion. He read aloud a portion of the e-mail Councilmember Maddy had sent outlining his support for the mill and overlay option. Mayor Labadie clarified that Councilmember Maddy would be unable to vote since he was not present. She stated that the Council has had a lot of discussion and had gotten a lot of public CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2024 Page 5 of 8 input on this matter and she leans towards agreeing with the statements made in Councilmember Maddy's e-mail. Councilmember Sanschagrin stated that he was also inclined to follow the staff recommendation for a mill and overlay project. Councilmember Callies stated that she felt having the more specific input from Met Council was also helpful and would also support staff's recommendation. She noted that she was concerned that the City was being short sighted in a decision to mill and overlay but understands that there has not been a lot of support for the addition of a sidewalk. She explained that she would also support mill and overlay with the addition of targeted curb and gutter. Councilmember Zerby noted that this has been a controversial project and was glad the City explored other options but he would also support moving forward with the staff recommendation for a mill and overlay project. Mayor Labadie thanked City Engineer Budde for the tremendous amount of work he had put into this project and for listening to the residents and also thanked the residents who took the time to voice their opinions to the City. Zerby moved, Callies seconded, to Direct Staff to Scope Eureka Road North for a Mill and Overlay including Limited Curb and Gutter Installation to Address Drainage Issues for the 2025 Capital Improvement Planning process. Motion passed. 8. GENERAL/NEW BUSINESS A. Authorize Shorewood Lane Ravine Grant Application, City Project 17-15 City Engineer Budde explained that the City has been planning to improve a severely eroded ravine that extends from Shorewood Lane to the wetland that is located down the hill towards Timber Lane. He noted that the project scope has increased over the years as alternatives were reviewed and gave a brief description of the current expectation for the project. He reviewed the project location and its potential effects on nearby properties. He explained that staff has identified two potential grant funding sources through the League of Minnesota Cities — Grant Navigator which would help the City apply for the grant with the Minnesota Pollution Control Agency — Implementation Grants for Stormwater Resiliency that could help with the project costs. He noted that if this funding is granted the project would need to be completed by January of 2027. He explained that this is a new grant and their goal is to try to have `shovel ready' projects and noted that the first cycle of applications is due in April and there will be another cycle that comes in in the fall of 2024. He stated that he is pushing to apply for the grant due in April because the City already has their plans fairly well established and processes complete. He noted that he had heard through the grapevine that many other cities were not pursuing this grant and would wait until the fall cycle and thinks the timing of the April deadline would work better for the City because, theoretically there will be less competition. Councilmember Sanschagrin asked about the route of the project and whether City Engineer Budde had stated that there was already approval for this project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2024 Page 6 of 8 City Engineer Budde displayed the proposed route that will empty into the wetland area and stated that the City did not have any approvals yet and would still need permits from the Minnehaha Creek Watershed, Army Corps of Engineers. He noted that this does have a pretty good consensus among the residents in the area and noted that he is trying to gather letters of support from them in order to include them with the grant applications. Councilmember Sanschagrin asked about the resolution language that appears to put the City on the hook in the future and asked if the resolution needed to include that language. City Engineer Budde stated that it requires the minimum of 10% from the City and explained that his intent was that if the City was successful in being awarded this grant, the City has to ultimately accept it through another resolution. He stated that at that time, the Council could always deny it and say that it did not meet their requirements. He reiterated that the intent of that language was that if the City received the grant and moves forward with the project, the City will pay the balance of the costs. Councilmember Sanschagrin asked if the Council should change the wording within the resolution to indicate that the City would consider paying all costs for the project rather than using the word `assures'. City Attorney Schmidt stated that the assurance, as the resolution is written, is fairly standard and noted that what City Engineer Budde has described is accurate. She stated that for most grants, there needs to be strong evidence of the City's commitment to do the project that they are applying for the grant funds. She explained that she felt this language just bolstered the application that would be put together by City Engineer Budde but confirmed that the City does not ultimately have to accept the grant. She clarified that the language referenced by Councilmember Sanschagrin was not a contractual obligation by the City. Mayor Labadie noted that City Engineer Budde had indicated that if the terms or the final numbers were different than what the City anticipated that he would bring it back to the Council. City Attorney Schmidt stated that was correct and reiterated that the description by City Engineer Budde of this process was accurate and explained that no contracts for this project could be approved without the Council. Councilmember Callies asked about the costs for applying for the grant. City Engineer Budde explained that they require a lot of narrative but noted that much of that has already been written and the plans are at about fifty percent. He stated that he knows other cities that has costs much higher than this because they have not already done that kind of work ahead of time and noted that because the City is already partially through with some of that work this is a relatively efficient grant for them to submit. Sanschagrin moved, Callies seconded, Adopting RESOLUTION NO.24-022, "A Resolution Authorizing Pursuit of the Minnesota Pollution Control Agency Implementation Grant for Stormwater Resiliency for the Shorewood Lane Ravine Project, City Project 17-15." Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2024 Page 7 of 8 Sanschagrin moved, Callies seconded, Adopting RESOLUTION NO. 24-023 "A Resolution Authorizing Pursuit of the League of Minnesota Cities Grant Navigator for the Shorewood Lane Ravine Project; City Project 17-15". Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff 1. Election Update City Clerk/HR Director Thone noted that she had given a brief update on the PNM election that took place on March 5, 2024 at the last Council meeting but wanted to especially thank the City's election judges and staff that were involved. She stated that early voting for the Commission in District 6 will begin on April 12, 2024 for the election on April 30, 2024. Other Public Works Director Morreim stated that staff has been bouncing back and forth with the recent snow events. He stated that one unfortunate side effect of having heavy snow is that mailboxes get knocked over from the snow, not the plows. He stated that they have been out trying to get those mailboxes back and will be continuing those efforts over the next few weeks. He stated that the valve replacement project is happening at southeast well and they are working to get this back on-line later this week. He explained that there was a volunteer event at Freeman Park that ended up being postponed due to the snow and noted that they have not yet set up the alternate date. He stated that they are planning to do hydrant flushing when the weather warms up a bit more and plan to sweep once the snow melts. City Administrator Nevinski stated that the Excelsior Fire District is planning to burn a home on Ferncroft Drive on April 13, 2024 and may also have a similar activity sometime this summer for a home they have identified on Cardinal Drive. He reminded the Council that the City Hall would close at noon on Friday, March 29, 2024. B. Mayor and City Council Councilmember Zerby explained that he was sorry to miss the interviews for the Park and Recreation Manager. He stated that seemed to be a lot of good candidates and one was approved earlier in tonight's meeting. He stated that he is enthusiastic about this position and moving forward with the parks and community center. He noted that he had gotten questions about the project along County Road 19 and asked if staff had any input. Public Works Director Morreim explained that this project was a Met Council project related to replacement of sewer lines and expects it to be going on for at least a few more months. City Engineer Budde noted that this project is about a two year project, in total, and a goal of that project is to eliminate the lift station at the corner of Galpin Lake Road and Highway 7. Councilmember Zerby expressed concern because that area is kind of a choke point for Public Safety because it is difficult to travel through here with a normal sized vehicle. He asked staff to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2024 Page 8 of 8 be aware of these concerns and keep an eye on the project even though it was official a Met Council project. Public Works Director Morreim noted that they get weekly updates on the project and can work with City staff if there is anything that needs to be communicated to residents. City Administrator Nevinski noted that there is a link to this project available on the City's website. Councilmember Sanschagrin extended congratulations to the Minnetonka High School Girls and Boys Basketball teams for winning the State championships. He stated that he had attended the Met Council's State of the Region meeting last week and gave a brief summary of what was discussed. Mayor Labadie stated that Shorewood Landings had a Minnesota Supreme Court Justice scheduled to speak as a guest speaker, however they had fallen ill, so it will be rescheduled. She noted that this is open to the public and encouraged people to pay attention when the new date is announced. She suggested that residents educate themselves on HF #4009 and HF #4010 and the companion SF #3964 and SF #3980 which have been nicknamed the `Missing Middle Housing Bill'. She explained that she felt they were a well intentioned attempt to come up with more housing but it would essentially eliminate local decision making as well as community input for local land use, zoning, and development decisions. She stated that this bill appears to have bipartisan support and encouraged residents to reach out to their local elected Representative and Senator to express their opinion. 10. ADJOURN Sanschagrin moved, Zerby seconded, Adjourning the City Council Regular Meeting of March 25, 2024, at 8:16 P.M.