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04-22-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 22, 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, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Manager Czech; and, City Engineer Budde Absent: None C. Review Agenda City Administrator Nevinski explained that staff was recommending that the agenda by amended and that items 2.H. and 6.C.be removed and brought back to the May 13, 2024 City Council meeting. Maddy moved, Zerby seconded, approving the agenda, as amended. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Sanschagrin asked to remove item 2.D. for further discussion. He asked for clarification on whether a Councilmember should abstain from voting on approval of the minutes if they were not in attendance at the meeting. He noted that he had watched the recording of the meeting and compared the minutes. City Attorney Shepherd explained that approval of the minutes was more ministerial, in nature, and noted that each Councilmember has to make sure that they are comfortable with the minutes, as presented. He noted that since Councilmember Sanschagrin had watched the video, he believes he should feel comfortable voting on the minutes within the Consent Agenda. Zerby moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of April 8, 2024 -*CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 2 of 11 B. Approval of the Verified Claims List C. Approve Retail Liquor License Renewals, Adopting RESOLUTION NO. 24- 027, "A Resolution Approving 2024 Retail Liquor License Renewals." (Moved to item 8.A.) E. Approve Contract with Shalo Lee for Music in the Park F. Approve Quote for Purchase of Building Official pickup G. Approve SafeAssure Quote and Agreement 14. Approve City Code Supplement S-19, Adopting ()R_DIh.1Ah.1C_r_= 6" (Removed from agenda and rescheduled to May 13, 2024) I. Approve Public Works Seasonal Hires J. Approve Service Agreement for AIS Watercraft Decontamination located at Christmas Lake; Applicant — Christmas Lake HOA, Adopting RESOLUTION NO. 24-028, "A Resolution Authorizing Signature on a Service Agreement with the Christmas Lake Homeowners Association and Waterfront Restoration, LLC to Provide Aquatic Invasive Species Inspections at the Christmas Lake Public Access K. Authorize Hennepin County Opportunity Grant Application, City Project 17- 15, Adopting RESOLUTION NO. 24-029, " A Resolution Authorizing Pursuit of the Hennepin County Opportunity Grant for the Shorewood Lane Ravine Project, City Project 17-15" Motion passed. 3. MATTERS FROM THE FLOOR Bill Lester, 28265 Boulder Circle, noted that when the City has conducted surveys asking residents why they chose to live in Shorewood, access to parks and trails has always been near the top of the list. He stated that the SoHi Community Park will serve an area of Excelsior and Shorewood that has no easy access to parks or playgrounds. He explained that it was a 501 c(3) and along with Excelsior had received a $50,000 grant from the County and noted that the Excelsior United Methodist Church owns the land that the park is built on and has entered into a covenant with Excelsior guaranteeing that the land will be dedicated and open to the public for use for the next 20 years. He noted that the park will be located just over a block from the Shorewood border and stated that once the Mill Street project and trail is completed it will increase the ease of access for residents. He shared details of the plans for the playground and equipment and noted that they are continuing to raise funds for this equipment and noted that in the future they would like to add basketball courts and explained that he expected groundbreaking to take place within the next few weeks. He noted that he felt there was a great opportunity for Shorewood to be one of the founding sponsors of the park and asked the City to commit to a donation of $25,000 to the SoHi Community Park. -*CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 3 of 11 Barry Brown, 6050 Burlwood Court, distributed handouts to the Council and explained that he wanted to give an update on the volunteer clean-up effort of buckthorn at Freeman Park. He explained that they had thirty-two volunteers, but noted that only four or five people who attended came from the City's e-mail and social media posts. He stated that he feels this provides clear insight for the City regarding improving social media messaging and that they consider alternative forms of announcements. He noted that he felt that it also proves that resident advocates are the best approach for this type of project. He explained that the volunteers were able to complete about half of the area clean-up and Scout Troops #409 and #424 also participated and noted that Public Works has already begun chipping the debris. He stated that overall they received very positive feedback on the event but did receive suggestions to be more focused on organization, instruction, and community outreach. He expressed his appreciation to Chris Heitz from Public Works for his leadership and personal efforts, along with his wife and son, who passed out water to the volunteers. He stated that this was just a pilot program and hopes that the Council will continue to engage and embrace this type of program. He suggested that the City Council walk the trails to see, first hand, the status of the work that was completed. He showed examples of current buckthorn growth that are forming in the woods and also buckthorn that had been shredded by the forestry mulcher. He stated that he had asked the City to purchase equipment such as a forestry mulcher, brush mower, and additional brush cutters for Public Works. He asked that the equipment and resources that are needed for ongoing maintenance be considered for the remainder of 2024 and included in all future budgets. Alan Yelsey, 26335 Peach Circle, explained that he had a question related to Robert's Rules of Order for consideration of the sign ordinance at the May 13, 2024 meeting and asked whether the public would be allowed to have a question and answer session with the Council and staff at that meeting. Mayor Labadie reminded Mr. Yelsey that Matters from the Floor was not designed to be a question and answer portion of the meeting, but noted that the sign ordinance discussion was not set up as a public hearing. Mr. Yelsey stated that he felt that was the wrong answer because the residents want to have input on the sign ordinance. He stated that he felt that the City was about to take away their free speech rights and desecrate them with the current proposed language. He stated that he was opposed to not having citizen input and stated that he felt the Council was showing careless disrespect and disregard for the residents of the City. He shared examples where he felt that various Councilmembers had taken those kinds of disrespectful actions. He noted that he supports the SoHi Community Park efforts and would support a contribution from the City. Councilmember Callies stated that she would like to suggest that the SoHi Community Park issue come back to the Council for discussion on a future agenda. City Administrator Nevinski stated that he would add it to a future agenda. 4. REPORTS AND PRESENTATIONS 5. PARKS A. Report by Commissioner DiGruttolo on April 9, 2024 Park Commission Meeting -*CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 4 of 11 No report was given. B. Approve Park Commission Work Plan City Administrator Nevinski explained that the Park Commission put a lot of thought into their Work Plan. He noted that the Park Commission has a lot of enthusiasm for looking at the City's parks and doing things to set them up for long term success. He gave a summary of the proposed 2024 Park Commission Work Plan and noted that they had also included some additional supplemental goals. Councilmember Sanschagrin stated that there was bullet point under the Southshore Park Planning to develop a survey tool, which he appreciated. He asked if that was something that they felt would be used in other items in order to get more resident input. City Administrator Nevinski stated that for this particular case, the survey was a tactic focused specifically on this item, but believed that it could be something used in other projects. Councilmember Sanschagrin asked if staff anticipated areas where the Park Commission will want more input from the Council. City Administrator Nevinski stated that having this Work Plan gives the Park Commission some focus and as they work towards some of those things he suspects that it may generate some questions that they may forward to the Council. Councilmember Callies stated that she had taken a look at the minutes from the last few Park Commission meetings and felt that they were able to hone in more realistically on what could be accomplished in a specific timeframe. She stated that she believes the proposed Work Plan prioritizes what the City is looking for, in terms of parks, but noted that other things may come up as time passes. She noted that there was mention of engaging in the senior community near Southshore Park but stated that she did not want to put too much burden on the seniors just because of their location. She stated that she believes the Work Plan is a good guide for the Park Commission and noted that its contents were not necessarily written in stone. Mayor Labadie stated that she agreed and felt the proposed Work Plan was a step in the right direction. She asked which of the Park Commission meetings would be the park tours. City Administrator Nevinski stated that the Park Tours would take place at the May 21, 2024 and June 11, 2024 meetings. Mayor Labadie stated that the Park Tours were open to the public and the Council and encouraged anyone interested to attend. Zerby moved, Maddy seconded, Approve the 2024 Park Commission Work Plan, as presented. Motion passed. 6. PLANNING *CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 5 of 11 A. Report by Commissioner Eggenberger on April 2, 2024 Planning Commission Meeting Planning Commissioner Eggenberger gave a summary of discussion and recommendations from the April 2, 2024 Planning Commission meeting, as outlined in the minutes. B. Approve Variance to Redevelop a Non -Conforming Lot Location: 25955 Wild Rose Lane Applicant: Colson Homes Planning Director Darling gave a brief overview of the request by Colson Homes to redevelop a non -conforming lot at 25955 Wild Rose Lane. Staff and the Planning Commission recommend approval, subject to the conditions in the resolution. Councilmember Sanschagrin asked for details on what the actual `variance' was with this request. Planning Director Darling explained that the variance requested is to redevelop a lot that is too narrow for the zoning district. Councilmember Zerby stated that he attended the Planning Commission meeting and felt that this was a simple item with a historic lot that was just too narrow and he would support this request. Councilmember Maddy noted that this was just how they had drawn lots back in the 1920s. He explained that he was thankful that they had not requested a setback variance for the side yards and would also support this request. Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 24-030, "A Resolution Approving Variance to Redevelop a Non -Conforming Lot on Property Located at 25955 Wild Rose Lane." Motion passed. G. ApPFGve Amendments to Zoning Regulations tG Create Content Ne Regulations -(Removed and rescheduled to May 13, 2024) 7. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for 2024 Mill & Overlay and Smithtown Road Drainage Improvements, City Project 24-01 City Engineer Budde gave an overview of the background and discussion related to the 2024 Mill and Overlay project along with the Smithtown Road drainage improvements. He noted that the City had received six bids and the low bidder was Northwest Asphalt, Inc out of Shakopee which came in about seventeen percent below the engineering estimate. He explained that if the Council chooses to move forward, there was an expected substantial completion date of September 1, 2024. He noted that the proposed bid includes all of the alternates that the City had included in the RFP. Councilmember Sanschagrin stated that the overall savings from what was budgeted is $145,000 and asked how it worked in term of financing and what would happen to those funds. -*CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 6 of 11 City Administrator Nevinski explained that a number of the City's funds are sequestered or itemized. He stated that whatever they do not spend will stay within those funds and help maintain the fund balance and would not be moved to the General Fund. Mayor Labadie stated that she was concerned with the substantial completion date of September 1, 2024 and final completion by October 1, 2024 because of the start of school. She asked what the City was doing to ensure that the projects stay on track and asked if there was a bonus if they finished early or a penalty if they finish late. City Engineer Budde stated that this project is substantially less complicated that some of the other projects that have taken place in the City. He stated that there are always liquidated damages that are established within this type of contract if they do not meet the completion dates, but noted that there was not a bonus if they finish early. He explained that the contractor had communicated with him that they plan to hit this project in May. Zerby moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-032, "A Resolution to Accept Bids and Award Contract for the 2024 Mill and Overlay and Smithtown Road Drainage Improvements Project, City Project 24-01." Motion passed. B. Approve Cost Sharing Agreement with Deephaven — Manor Road City Engineer Budde outlined the background and history of street improvements on Manor Road. He explained that when the mill and overlay project was completed in 2021, rather than going to the municipal boundary between Shorewood and Deephaven, the work had actually stopped at the city limit sign which left a gap of pavement that was not improved. Staff recommends completion of the work on this pavement a part of the planned street project in Deephaven. He noted that this project would be funded through the remaining budget balance left over from the City's 2024 Mill and Overlay project that was just discussed. Councilmember Zerby asked if staff would also move the sign so it lines up with the actual boundary line. City Engineer Budde stated that he will look into it and noted that he was not sure why the sign was located where it had been placed. Councilmember Sanschagrin asked how Deephaven had calculated Shorewood's portion of the cost. City Engineer Budde explained that they had bid this section as an alternate. Councilmember Zerby noted that `Exhibit B' within that packet was blank. City Administrator Nevinski explained that would be the contract which will be attached once they have it. Councilmember Maddy asked if the Council should approve this prior to seeing the contract. *CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 7 of 11 City Administrator Nevinski explained that the Council was being asked to approve the Cost Sharing Agreement with Deephaven and noted that the contract itself would be between Deephaven and the contractor. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 24-033, "A Resolution Approving Agreement with Deephaven for Manor Road Improvement." Motion passed. 8. GENERAL/NEW BUSINESS A. Accept Resignation/Approve Recruitment of Finance Director (previously Consent Agenda item 2.13.) Councilmember Sanschagrin asked if the Council would provide input on the job description for this position as they did for the Park and Recreation Manager position. City Administrator Nevinski stated that in the case of the Park and Recreation Manager position there was discussion about the direction the City wanted to go, but the Finance Director is an established position within the City, so staff was not anticipating having the same type of robust discussion for this job description He stated that they were happy to take feedback from the Council if they had any but explained that they would like to get this position posted as quickly as possible. He noted that Councilmember Sanschagrin had given some typographical feedback but if there was anything else, he would be happy to take note of them right now. Mayor Labadie stated that the action before the Council was to accept the resignation of Joe Rigdon and approve recruitment which is something that she did not feel the City should delay. Councilmember Callie stated that she agreed, but noted that the City could not recruit if they do not know what the job is. She noted that if there are questions about the job description they should be raised tonight, if they are significant, but noted that she had not seen anything that concerned her. Mayor Labadie asked if Councilmember Sanschagrin had specific concerns with the job description. Councilmember Sanschagrin explained that he had one major comment in terms of education and/or experience, and would request that they strike the BA degree in business administration and focus on candidates that accounting or finance backgrounds rather than just general business administration. He clarified that his comment did not apply to the MBA level. City Administrator Nevinski stated that those are sort of the minimum standards and the City also has desired qualifications that talk about a CPA and some supervisory experience, and a Master's degree. Mayor Labadie noted that she has heard that many cities are advertising for this same position and asked what other cities had within their requirements. City Clerk/HR Director Thone stated that this is a very popular position right now and knows that some cities have found it difficult to fill. She stated that she believed that the City was doing *CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 8 of 11 everything right and were being as creative as possible to attract top talent. She stated that she understands the experience and education that Councilmember Sanschagrin was referring to, but this was just a BA and would think that they will get many applicants who have furthered their education which could include accounting or some type of finance career within the public sector and be perfectly qualified for this position. She explained that when they rate the applications there are minimum qualifications but also have preferred qualifications that are included in the ratings. Councilmember Zerby stated that the job description was dated April 2024 and asked how it had changed from the previous version. City Clerk/HR Director Thone stated that there is a redlined version but noted that she had not distributed that to the Council. She explained that they didn't really remove or add anything and noted that the City had just updated their job description when they went through the compensation study. She noted that this job description was very similar to what they had in 2013 and just needed a refresh. She stated that all of the same job elements are included it was just updated to today's standards because it was about ten years old. Councilmember Zerby noted that it would be nice to see what was being changed and asked if City Clerk/ FIR Director Thone could e-mail that information to him. Councilmember Sanschagrin asked for an overview of the recruitment process for this position. City Clerk/HR Director Thone noted that it would be very similar to what they just went through with the Park and Recreation Manager position. City Administrator Nevinski stated that he believed the recruitment process itself would be fairly similar. He suggested that the Council may want to have a Work Session discussion about what happens when the City gets a slate of candidates for a position. He noted that it would not be focused exclusively on this position, but in general, what process they would like to establish for these openings and what would make sense for the City. Mayor Labadie stated that she agreed that this was a discussion that the Council needed to have and asked if it could be placed on a Work Session agenda prior to the May 13, 2024 regular Council meeting. Councilmember Callies asked when the closing date for the application would be. City Clerk/HR Director Thone explained that it would typically be open for three weeks which means it would close after the Council's meeting on May 13, 2024. City Administrator Nevinski explained that he was hoping to have someone in this position by July but noted that, historically, this has been a challenging position for cities to fill. Sanschagrin moved, Maddy seconded, to Accept the Resignation of Finance Director and Approve Recruitment. Motion carried. 9. STAFF AND COUNCIL REPORTS *CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 9 of 11 A. Staff 1. Update on Comprehensive Plan Implementation Planning Director Darling gave a brief update on the City's approach to implementing the Comprehensive Plan and where they were within that process. She explained that the Planning Commission has reviewed first draft of the amendments related to the high density land use classifications and after one more discussion meeting will then hold a public hearing. She noted that following that they will begin moving through the other land use classifications and will ultimately propose some rezoning that would be consistent with the changes. Councilmember Zerby stated that he was the liaison at the Planning Commission meeting and explained that he struggled with visualizing some of the criteria, for example, a fifteen foot setback with a height of thirty feet. He stated that he thinks it would be nice for the public to be able to see something that is physical, and perhaps, use actual examples of developments around the area that are similar to what was being discussed. Other Park and Recreation Manager Czech explained that he did not have much to report because he had just finished his sixth day of employment with the City. Public Works Director Morreim stated that staff has been busy work on parks maintenance and utilities. He noted that they will still be doing some hydrant flushing over the next few weeks which may mean some intermittent loss of pressure. He stated that the Freeman Park clean-up event was held two weekends ago and Public Works has been out picking up piles, but noted that it has been delayed a bit by the recent rain. He stated that they are hoping to be able to get back out there later this week and expects that they will continue this type of cycle throughout the spring because they do not want to damage any of the trails following rain events. He stated that staff will be picking up trees that they have purchased and will store them until they line up some volunteer efforts and noted that Public Works will take care of the larger trees. He stated that they are planning to work with Davey in order to find a way to intermix and plant in between some of the existing trees, especially ash trees. Councilmember Sanschagrin asked when the next volunteer event would be held and when the seeding would happen. Public Works Director Morreim stated that they are looking at May 4, 2024 as a potential date, but noted that it would depend on weather. He stated that they would like to complete some of the work that Public Works will be handling prior to seeding and noted that this was been a bit delayed because of how wet it has been, but it should happen within the next few weeks. Councilmember Sanschagrin asked if Public Works Director Morreim had been able to look into possible equipment purchases. Public Works Director Morreim stated that he had looked into some equipment, but had not had a chance to look in great detail at this point in time. -*CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 10 of 11 Councilmember Sanschagrin asked they had seen any infestations of emerald ash borer in the City. Public Works Director Morreim stated that they do see the ash borer in some of the trees and noted that they also received calls from contractors or residents about the ash borer that have been confirmed. He stated that the resident visits with Davey will be starting up in May which would be an opportunity for residents to ask questions about trees on their property. City Engineer Budde stated that the contractors for the Strawberry Lane, Birch Bluff, and Freeman Park projects will be on site in early May to begin wrapping up those projects. Mayor Labadie asked about West 62"d Street in Chanhassen and asked if staff had any idea how long that road would be closed. Public Works Director Morreim explained that they were scheduled to have it open this Friday, but noted that they had also been delayed with all the rain. City Clerk/HR Director Thone stated that City Hall will be open on April 27, 2024 from 9:00 a.m. to 3:00 p.m. for voting and reminded everyone that the election for the Commissioner of District 6 would be next Tuesday when they will be open from 7:00 a.m. to 8:00 pm. at all of the precincts. City Administrator Nevinski stated that they are having discussion with member cities in the Fire District about some public alert software, possibly for next year's use by both Public Safety and the City. B. Mayor and City Council Councilmember Zerby stated that he had attended the Planning Commission meeting and the South Lake Minnetonka Police Board meeting and outlined some of the discussion topics from those meetings. Councilmember Sanschagrin attended the Freeman Park volunteer event which he thought was a very successful event. He expressed his appreciation to City staff for their hard work on making it a success and thanked Barry Brown for helping to organize and champion the event. Councilmember Maddy stated that he attended the Fire Relief Association meeting and gave a brief update on the status of the retirement fund. He stated that the Excelsior Fire Board will be starting their budget planning process soon and noted that it will increase this year because they will be paying for the second half of a full-time employee who has already been hired and also an adjustment to a truck that was ordered about three years ago that should be delivered this coming fall. He noted that the Fire Department is up to is fiftieth firefighter, so they are fully staffed and fully funded. Councilmember Callies asked City Engineer Budde about the timeline for the revegetation of the lift station area on Radisson Road. City Engineer Budde stated that should be happening this spring. Councilmember Callies noted that the erosion barrier is still in place but nothing has been replanted yet. She stated that there is also some construction debris, but was not sure if it was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 22, 2024 Page 11 of 11 from the lift station and explained that boulders and other things had been left within the right-of- way. City Engineer Budde stated that staff will coordinate on both of those projects to get the work completed. Mayor Labadie stated that the Shorewood 2024 State of the City address has been completed and was posted on the City website or YouTube. 10. ADJOURN Maddy moved, Zerby seconded, Adjourning the City Council Regular Meeting of April 22, 2024, at 8:31 P.M.