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05-13-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 13, 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 stated that staff would like to remove item 7.A. and reschedule it to the May 28, 2024 City Council meeting. Zerby moved, Maddy seconded, approving the agenda, as amended. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies stated that at the April 22, 2024 meeting, she had asked that the So -Hi Park issue be brought back as a future agenda item. She asked staff to check and see if it was reflected in the meeting minutes. Councilmember Sanschagrin asked about the negative number in the claims list. City Administrator Nevinski stated there are a series of credits that the City receives from Xcel and explained that, for example, if there are outages and the City is charged, they are credited for those. Councilmember Maddy stated that it may also be a refund for the interim rates being higher than the final rate. Councilmember Sanschagrin stated that there was an agreement that was referred to in item 2.G. and asked for confirmation that the `agreement' was essentially the memo and the budget. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 2 of 14 City Administrator Nevinski stated that the memo and the chart in the document is the `agreement' and noted that this is an annual matter that happens between the City and the SLMPD. Zerby moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein, with the amendment to the April 22, 2024 minutes, as discussed. A. City Council Regular Meeting Minutes of April 22, 2024 B. Approval of the Verified Claims List C. Approve Public Works Seasonal Hire D. Approve Ordinance 605 City Code Supplement S-19, "An Ordinance Enacting and Adopting the 2023 S-19 Supplement to the Code of Ordinances for the City of Shorewood Minnesota" E. Accept Resignation of Planning Technician F. Affirm Designees to Mound Fire Commission Task Force G. Approve SLMPD Agreement for Additional Services Motion passed. 3. MATTERS FROM THE FLOOR Ron Gaetz 5790 Echo Road distributed a synopsis of his statement and noted that he has lived in this location since 2003. He explained that the field issue came up in 2018 and explained that for his first fifteen years living here it was essentially used for some peewee football that played three or four games on Saturdays. He stated that this has effected his property significantly and referenced past discussions with the Council. He noted that he was thankful to the City because they provided five trees for his yard because his property is eighteen yards from the goal on the field but they will not provide much of a barrier until they grow much larger. He stated that he has some requests for the City that he feels could be easily accomplished to help fix the issue he has been having. He read aloud some of the items included in his handout such as lights off by 9:00 p.m., or installation of an acoustic fence. He stated that the use of the field has had a big impact on his property and asked the City to make the small changes he is suggesting because he felt they would really be helpful. He stated that the use of the field has increased so the noise and activity are relentless and go on all day long. Mayor Labadie thanked Mr. Gaetz for his information and noted that the timeline he had included was very helpful. Mr. Gaetz asked if there was anyone on City staff that he could follow up with about his concerns. City Administrator Nevinski suggested that Mr. Gaetz have an initial conversation with Parks and Recreation Manager Czech. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 3 of 14 Mayor Labadie asked Parks and Recreation Manager Czech to keep the Council informed about the developments related to this issue. Barry Brown, 6050 Burlwood Court, expressed his pleasure with the debate the City Council had undertaken at their April 8, 2024 meeting regarding the language used in the DNR memo but explained that he was disappointed that two members of the Council voted to leave in the words `including chemical applications'. He felt that there was no reason for this language to be in the document, since the word `options' is inclusive and feels that leaving that language in simply agitates the residents. He stated that there were two Councilmembers who were not able to vote and were also not up for re-election this fall and would like the residents to be able to hear what their vote would have been. He stated that because this type of language is continuing to be in an official City document, he would continue to attempt to educate the administration about the health issues associated with dangerous pesticides and will also continue to work with residents to gain more support. He stated that the term pesticide is broadly understood and defined within the City's IPM plan as `includes insecticides, herbicides, fungicides, rodenticides, and compounds aimed as disrupting the life cycle of pests'. He referenced a recent data request regarding pesticides used by the Greener Blade in Freeman Park, and explained that staff had indicated no pesticides were being used, but that was not correct according to Greener Blades package label. He distributed a recent study from the University of Washington related to the adverse health effects of glyphosates which are commonly found in Round Up. He explained that on March 20, 2024 he and Park Commission Chair Wenner attended the Minnetonka Buckthorn removal lecture that was hosted by a naturalist who when referencing Garlan 3 and Garlan 4 stated, "I don't want to get cancer." He explained that he drew the Council's attention to this because these are dangerous chemicals that the City was considering for use in the City parks before residents got involved. He noted that prior to the upcoming election the Council will be asked to discontinue the use of all dangerous chemicals in parks where children, families, and pets play. He explained that they would also be asked to conform to policies and practices in the City's IPM and BeeSafe policy. He stated that he felt he had presented credible scientific studies and resources over the last six months to the Council. He stated that the handful of people who have spoken at the Council meetings actually speak for a much larger population. Mayor Labadie asked City Administrator Nevinski to make copies of the document presented by Mr. Brown and distribute them to the Council. Alan Yelsey, 26335 Peach Circle, stated that he has lived in the City for forty years. He stated that most Shorewood residents do not want their drinking water contaminated by toxic chemicals. He stated that, at the last City Council meeting, without public discussion, the Council voted for six applications of a toxic pesticide in Freeman Park and possible future systemic pesticides all in a futile and unnecessary attempt to stop crab grass and buckthorn. He asked the Council to fully retract their decisions which he felt were outrageous. He stated that outside of the State laws protecting signs during an election period, the City plans to vote later tonight, without public discussion, to ban all signs within the rights -of -way and easements including banners, pennants, and strings of light bulbs. He stated that he believed that the Council was essentially attempting to ban how people express their religious beliefs which he felt was illegal and unconstitutional. He stated that the exceptions that are proposed be allowed do not cover what most people put on their property in celebration of Christmas. He stated that he felt this action would be highly illegal and was not something that the community would tolerate. He stated that they also appear to be banning inflatable signs and he loves, for example, inflatable Santas and asked them not to ban Santa. He stated that they are also planning to ban flashing lights which is something he likes to see during holiday periods. He stated that they are also looking at banning signs larger than eight CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 4 of 14 square feet which he felt was not adequate and stated that residents should be allowed to have free speech on their own property. He asked the Council to withdraw this unconstitutional denial of free speech action and rewrite the poorly worded document and enable the residents to have input on what a proper code should be for signs and free speech. Nancy Westman, 19515 Vine Ridge Road, stated that she has lived in the City for over thirty years. She stated that she supported both Mr. Brown and Mr. Yelsey's comments related to chemicals and signs. She explained that her comments would be coming from a different angle and noted that she continues to be surprised by the lack of prioritization of the different issues that need to be addressed within the City. She stated that she feels that there are many more important issues that should come before the Council before they decide to set rules about the size, number, location, length of time, and lights on residential properties. She stated that she did feel it was appropriate to mention signs that impair road visibility but also felt that could be handled through a conversation and, if necessary, with help from the police. She asked how much money and time the City had spent updating this ordinance and how much would be spent monitoring this when there are other issues that she felt were much more immediate and important for the City to be working on. She explained that she was concerned that this will be used to continue institutional racism because it appears that the initiation of reviewing this ordinance was around the time of the civil unrest that took place in Minneapolis. She stated that signs can be uncomfortable and difficult to see at times, however, respectful free speech leads people to critical thinking and can help them see outside of their comfort zone. She asked who would benefit from this ordinance and stated that she also felt it was poorly written, convoluted, and complex. She stated that it makes her wonder if its purpose was actually to meet someone's need for power and control. She asked if staff had taken the time to do a community assessment of what the City residents want them to focus on. She stated that the Comprehensive Plan includes lots of details about the costs of homes and how much money people around here make but there is minimal vision for the City's future and asked if they asked residents for their input. She noted that many residents really do care about these issues and will be impacted by them but may not be present at the meetings because they are busy with their families and lives. She stated that decisions like this reflect an environment of low trust and respect for the residents and noted that the Council are not parents, nor were the residents children. 4. REPORTS AND PRESENTATIONS A. Public Works Week Public Works Director Morreim shared some background on the history of National Public Works week which will be May 19 -25, 2024. He explained that it was designed to be a week to recognize the contributions of Public Works staff for all the work that they do because much of this work is essentially unseen. Mayor Labadie explained that a group of students from S.A.I.L. come to City Hall to learn about City government and noted that frequently when they come there are Public Works vehicles in the parking lot which ends up being the highlight of their visit to the City. She stated that one time, the students were asked who they thought ran the City, and they all pointed to Public Works Director Morreim. Public Works Director Morreim reviewed some of the work Public Works does to ensure smooth operations for the City. He encouraged people to thank the Public Works staff if they see them out and about, even if it was not during Public Works Week. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 5 of 14 Mayor Labadie noted that there is a Public Works rodeo that employees have participated in the past and asked Public Works Director Morreim to share a bit of information about that. Public Works Director Morreim stated that at the Public Works Expo that is held in St. Cloud, they have a rodeo which staff has been involved with sometimes. He explained that it is always fun to see and that in the rodeo they run things like skid steers or plow trucks. He explained that it was a skill based competition where the participants are scored and the top scorer has the opportunity to move on to a National Public Works rodeo. Councilmember Zerby stated that he has raised this idea before, but wanted to reiterate that he thinks it would be nice if the Public Works staff could participate in the Public Safety Open House along with the Fire and Police Departments. B. First Quarter 2024 Financial Report C. First Quarter 2024 Investments Report City Administrator Nevinski introduced Tessa Beuning, Abdo Financial Solutions, to present the City's quarterly reports. Tessa Beuning, Abdo Financial Solutions, explained that they have been working with the City for the last few months to fill-in with some interim Finance Director services. She gave a brief overview of details related to the General Fund revenues, expenditures, and reviewed the City's investment activities, and allocations. She noted that seventy-seven percent were held with the 4M Fund; twenty percent held with government securities; and one municipal bond. Councilmember Sanschagrin stated that one thing that he felt would be helpful in future presentations would be to have summary tables in order for the Council to more easily compare the data. He stated that there appeared to be some timing differences, for example, payment for the fire which was delayed and asked if there were any others that the Council should know about. Ms. Beuning stated that the Fire District was the primary one that she noted that came into play. She stated that last year there were payments made in January and March of 2023 and this year the payments were made in January and April. She noted that other than that she had not seen anything for recurring payments that crossed over the quarter end timeline that were significant. Councilmember Sanschagrin asked if Ms. Beuning had seen any areas of concerns while she was reviewing the information or if there were any areas where she felt the City should focus, in terms of managing risks for costs of revenues. Ms. Beuning stated that she had not seen any areas of concern and noted that they try to look at the data in comparison to the budget as well as to the prior year. Councilmember Sanschagrin stated that the staff memo related to investments stated that, `The City's investment policy is narrower than the statute', and asked what that meant. Ms. Beuning explained that some of that verbiage was similar to what had been reported in the past and noted that the statutes identify investments that municipalities are legally able to hold. She stated that there were some items, such as mortgage backed securities or general obligations from the Minnesota Housing Finance agency that are noted within the State statute that a City CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 6 of 14 could invest in and those are not identified within the City's investment policy. She stated that those were items that she did not typically see a City utilizing and explained that she did not feel that there was anything that the City was not utilizing that other cities were utilizing. Councilmember Sanschagrin asked if Ms. Beuning had any thoughts or concerns about the 4M Fund in terms of having it at seventy-seven percent of the City's portfolio. Ms. Beuning stated that there had been significant increases in the amount of interest revenues that cities are seeing due to the market conditions. She stated that she felt that there were pros and cons with it and noted that it was nice that the money was available if the City needed to draw it out for a project, but it is always good to look, as part of their budget process, at what their needs will be and what projects may be coming up. She stated that if there are some further down the road, it may be useful to take some of that money and put it into other investments that are laddered a bit further out and noted that the rates that the City were currently getting were favorable. She stated that her contact information was included in the staff report and encouraged the Council to contact her if they had additional questions. 5. PARKS 6. PLANNING A. Approve Amendments to Zoning Regulations to Create Content Neutral Sign Regulations Planning Director Darling explained that this item is a proposed code amendment that would create content neutral sign regulations. She noted that this was reviewed at the March 9, 2024 Planning Commission meeting where they also held a public hearing. She stated that this was reviewed by the Planning Commission at four separate public meetings prior to the public hearing where they reviewed each section of the code at length. She explained that the new code was organized into: foundation; administrative; general requirements; district specific requirements; and regulations for signs that are non -conforming. She explained that the proposed code changes are to protect the City by creating content neutral sign regulations which is that the regulations are regulating the physical dimensions of the sign rather than the content of the sign. She noted that with the City's current regulations, most of the signage is regulated based on its content. She explained that the reason the City has to make these changes is that there have been a number of Supreme Court cases that have said that cities cannot restrict language on the sign and can only restrict the sign itself. She explained that the City's approach to these changes was to keep the number and dimension of permitted signs as consistent as possible in order to avoid creating properties that would now be considered non -conforming. She stated that the most important changes are to provide a firm and solid basis to protect the City against challenges that they cannot win. She stated that most residential properties in the City have no signage at all or have small signs which are generally used for special purposes, such as a graduating senior, campaign sign, or something like `Black Lives Matter'. She noted that she felt that a vast majority of the residents would not even notice this change in code. She explained that they had tried to keep it very consistent so residents could have a certain amount of signage and not need to get permits in order to have as little impact to the daily life of residents as possible. She noted that commercial properties also would not notice much of a difference but explained that there is a cap on some of the smaller signs. She outlined some of the changes that were included in the proposed code amendments. She stated that a public hearing was held on March 19, 2024 and noted that two letters were also submitted to the Planning Commission and two additional letters that were CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 7 of 14 submitted following the public hearing. She explained that all four letters were attached to the staff report in the packet and gave an overview of some of the topics that the Planning Commission reviewed and discussed. She showed photographs to demonstrate the amount of signage allowed in a residential yard and thanked Councilmember Zerby for allowing her to use his yard for the demonstration. She noted that none of these regulations pertain to the election period because State law preempts this and explained that residents can put out however much non-commercial speech signs that they want on their property and stated that what she had explained was the maximum cap for the remainder of the year. She stated that she had put together a summary of the comments she had received that she had distributed to the Council. Councilmember Sanschagrin asked if the frequently asked questions she put together would be available on the City's website. City Administrator Nevinski stated that was prepared late this afternoon for the Council but noted that they would make them available to the public. Councilmember Zerby stated that the staff report covered holiday signage which says that they cannot exceed thirty-two square feet in size. He stated that he was a bit confused because she had reviewed possibilities for eight, twelve, or fifteen square feet and asked how this all fit together. Planning Director Darling explained that the proposed code allows for additional signage that would be larger than eight square feet. She explained that it would be allowed twice per year and could hold the information or their choosing and would not be limited to `holiday' signs because that would be considered content specific. Councilmember Zerby asked how big a 4x8 sheet of plywood would be. Planning Director Darling stated that would be the same as thirty-two square feet and reiterated that size sign would be allowed two times per year. Councilmember Zerby stated that a question was raised during Matters from the Floor about inflatables and asked Planning Director Darling to expand on that information as it relates to holiday decorations. Planning Director Darling stated that inflatables were not currently allowed by the City code and there are special signs or attention getting devices that are only allowed during two periods per year on commercial properties. She noted that she had not seen a lot of inflatables included in holiday decorations. Councilmember Zerby stated that he believes they are common, for example, Menard's sells twelve foot tall Frankenstein's for Halloween. Planning Director Darling stated that the ordinance does not currently handle decorations and only regulates signage. Councilmember Zerby stated that would mean that an inflatable reindeer would not be considered a sign. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 8 of 14 Planning Director Darling confirmed that would not be a sign, but if it was put out and was holding a sign, then it would be considered a sign, but noted that they could use that two times per year. Councilmember Sanschagrin asked if a large inflatable snowman would be prohibited. Planning Director Darling stated that she did not think that would be prohibited. Councilmember Zerby asked if holiday lights would still be permitted. Planning Director Darling confirmed that holiday lights were still permitted and explained that they would be regulated elsewhere in City code. Councilmember Sanschagrin asked how Planning Director Darling had gathered information to help guide this ordinance and what the general comments were from the public regarding their concerns. Planning Director Darling stated that she had not received many comments on sign regulations during this process. She stated that they did have some when they were talking about possible changes to political signs but that was a few years ago. She stated that she has driven around during holiday periods to see what is currently out there and looked back through the code to find out when the holiday sign allowance was added in which was done for a specific sign that was proposed on the east side of town, but has not seen that sign for the past few years. Councilmember Sanschagrin noted that there was a reference to Section 1201.03 Subd. 11, e.4. and noted that there was a reference to 'vi' at the end of this section, which did not exist. Planning Director Darling stated that there is a reference to a string of lights and can understand why there has been concern expressed about Christmas lights. She explained that this language is from their current code and could be removed, but explained that it does help in commercial zoning districts. Councilmember Sanschagrin stated that he felt it should definitely be taken out of the language and noted that he felt it may also be appropriate to take out `spinners' because that may also relate to Christmas decorations. Mayor Labadie clarified that she felt that it would be related to a sign containing those things. Councilmember Maddy stated that he thought this was referring to something like a theater marquis sign with blinking lights around the perimeter. Planning Director Darling explained that normally what you would think of with this section would be a situation where somebody brings out a truck that is selling things out of the back and they have added a bunch of pennants or light bulbs. She noted that she had seen them with fish or grapefruit sellers that come into the community and erect devices to attract attention. Councilmember Callies asked if the distinction was a sign including these elements and not directed at actual Christmas lights on a house. She stated that a sign would be different than just a string of lights. Mayor Labadie asked Councilmember Sanschagrin what language he had wanted to be removed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 9 of 14 Planning Director Darling explained that he had wanted `strings of light bulbs' to be removed but noted that it does say `a sign with a string of light bulbs'. Councilmember Callies asked about the comment made by Councilmember Sanschagrin about reference to a section that did not exist. Planning Director Darling explained that the reference should stop at (g) and goes onto vi. Councilmember Sanschagrin stated that the Council has discussed redoing the City codes within the next few years he would like to find a new process for that that would include getting more public input and data at the beginning. He gave examples of holding public hearings or having an open house or town hall type meeting. He explained that he had began his career as an industrial engineer and noted that one of the things he had learned was the more you can get input from the people that are involved in the process, the more likely they are to accept it. He stated that he would like the City to explore the possibility of embarking on this process to see if they can come up with ways to take in more public input and make sure that it is a bit more aligned with the public and also make sure that the final document is not too technical. He stated that he has had several residents contact him and tell him that they just do not understand things and suggested that they find a way to restructure this so it would be more accessible to the public. He stated that he felt that the frequently asked question summary was helpful but would like to come up with a way that simplifies it or streamlines it even more. He stated that he would also like to take a look and see what they can do to relax the prohibitions and shared various examples. Councilmember Callies stated that there have been a number of meetings on this topic and acknowledged that it was a complicated system. She stated that the City Attorney can probably weigh in on this, but noted that there is only so much that can be done to simplify this because it is regulated by law. She stated that the City has been working on this for a long time and believes that there are some important things that need to be changed now and noted that ordinances are not static, so they can always be looked at. City Attorney Shepherd stated that this is probably one of the more difficult sections of City code because they are moving away from calling out signs by their type and subject matter. He stated that Councilmember Sanschagrin's point about having frequently asked questions makes a lot of sense, but does not know that there is a lot of things that can be carved out from it because they would be carving out regulations. He stated that Councilmember Callies is correct that this is something that can be an evolving process as issues may arise that need to be addressed in code. He stated that this has been a long process for the City, especially in relation to regulating subject matter versus the other aspects of signs. He stated that it would be possible for the Council to vote in favor of these proposed amendments and then revisit some of the issues at a later time. Councilmember Sanschagrin stated that he had been contacted by a resident who stated that she felt that she was not able to put any signs in the right-of-way, but felt that it was acceptable for businesses. Planning Director Darling stated that outside of the election season, the City does not allow non- commercial signs in the public right-of-way. She explained that commercial signs were never permitted in the public right-of-way and noted that just because someone goes out and plasters the City with signs in the right-of-way does not mean that they have asked permission or that they CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 10 of 14 are allowed. She stated that when residents let them know where they are, the City has gone out and picked them up. Councilmember Sanschagrin stated that this resident asked why the City was not more proactive and why they need to wait for a complaint to be filed. Planning Director Darling stated that is a budget decision and explained that if the City wanted to have a full-time person dedicated to proactive code enforcement, they would have to add an additional $150,000 into the City budget. Councilmember Sanschagrin gave the example of staff driving to somewhere else and if they notice signs why they could not go ahead and enforce it in that instance. Planning Director Darling stated that is what they currently do with signs in the right-of-way and noted that the back of the Public Works trucks generally has at least four or five signs in them that they have picked up. She stated that she actually pulled three signs out of her car earlier today. Councilmember Zerby noted that as Planning Director Darling took pictures of his yard with for the demonstration of signs, they were all commercial signs that Public Works had pulled out of the ground. He stated that he struggles with this a bit because he always like to ask the question, `WhyT. He asked if the `why' in this instance was liability and attempting to protect the City from possible legal actions which he would understand, but noted that enforcement has always been a challenge. He stated that if residents cannot understand this, they will not be able to report violations. He stated that his personal issue has been related to flashing commercial signs and had actually told many businesses at the Cub Shopping Center to turn off their flashing signs and has had to report them, because nobody knows that they cannot have flashing signs in the windows. He stated that he will vote in favor of this because it protects the City, which also protects the taxpayers. Councilmember Callies stated that she agreed with Councilmember Zerby. Mayor Labadie stated that a question has been raised about public involvement but noted that she thought Planning Director Darling had mentioned that there were at least four meetings where this was discussed. She noted that the City has been working on this for several years and it has been discussed at numerous meetings. Planning Director Darling stated that was true and noted that in 2022 they exclusively looked at political signs and outlined some of the revisions that had been made. She stated that through that process there was a resident that pointed out a number of issues, one of which were holidays signs, that were not content neutral, that were mentioned earlier in the meeting. She stated that signs were not high on the priority list, but because of those particular comments, staff elevated this to a higher priority and started working on the ordinance. She reviewed the dates that the sign ordinance was discussed at public meetings. Councilmember Sanschagrin stated that he appreciated that a lot of time and effort has gone into this, but still believed that the City could do better and spend a few more months on it in order to get more resident input. He stated that he had also had trouble following the ordinance language because of the many cross-references. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 11 of 14 Mayor Labadie noted that all of the meetings described by Planning Director Darling were open to the public and the Council has received e-mails from residents that were included in the packet of meeting materials. She stated that the City cannot control whether people choose to attend the meetings or not and reiterated that the City had held at least four meetings on this topic already. Callies moved, Maddy seconded, Approve Ordinance 606, Amending Shorewood City Code Chapters 1201.01 Definitions; 1201.03 Subds 4 (General Area and Building Size Regulations and 11 (Sign Regulations); and Chapter 1201.19 (R-C, Residential -Commercial District); and Chapter 1201.24 (L-R, Lakeshore Recreational District) related to the creation of Content Neutral Sign Regulations. Councilmember Maddy stated that he is in complete support of this action and explained that every iteration that the City adopts makes the code a little bit better. He stated that he has been working on this code for eleven years and explained that it had originally been written for a bedroom community with very strict rules. He stated that the City is forced to evolve its code over time which has required some patching through the years, and that is what makes it a bit tough to read. He stated that he served as Chair of the Planning Commission when they took action on the political signs and felt that made it a little bit better in order for the City to follow State law and trial law. He stated that he this not perfect nor would they ever be able to get to something perfect and thinks the goal should be to just improve it every time they get the chance. He stated that he felt that Planning Director Darling has been doing a great job, especially over the last few years in fixing little parts of the code that do not currently apply to the City. He stated that he felt that this process would go on as long as the City exists. He stated that with relation to the comment made about public input, that is what the Council's job is and explained that they were elected to take in the information, and make the decision which he was happy to make because it is his job. He reiterated that the proposed code is better than what currently exists. Mayor Labadie stated that she would echo comments made by Councilmember Zerby that this language does protect the City because they are taking away the concept of regulating content. Councilmember Sanschagrin stated that he will vote against this action because of everything he had already shared during the discussion but his main reason is that he found it to be confusing. Councilmember Maddy asked if Councilmember Sanschagrin wanted there to be a full rewrite of this entire chapter. Councilmember Sanschagrin stated that he would like there to be a significant review and restructuring of it. Mayor Labadie asked City Attorney Shepherd if this amendment to create content neutral sign regulations did not pass if the City would potentially be exposed to liability. City Attorney Shepherd stated that they would potentially be exposed to liability and stated that what was before the Council is a better version of the code than what it was yesterday. He stated that the hope is that it would remove all of the content based restrictions that were in the existing code. He stated that the proposed amendments make it better and more constitutionally sound, which puts the City in a better position overall. Mayor Labadie referenced the court case that was cited in the packet and asked if it was a case related to content. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 12 of 14 City Attorney Shepherd confirmed that it was related to content and different types of signs. Mayor Labadie stated that she did not want there to be a case against the City. She stated that there was a comment made about making this more streamlined and reiterated that the City has held four public meetings and to have more would not be, in her opinion, streamlined. She stated that she was not saying that the City cannot hold more meetings in the future, but reiterated that it would not be a streamlined process. City Administrator Nevinski noted that he wanted to make sure that the motion also captured the typographical error pointed out earlier by Councilmember Sanschagrin. Councilmember Sanschagrin stated that he had also wanted to remove the phrase `string of lights'. Councilmember Callies stated that she had not intended for the removal of the string of lights in her motion because that particular section of the code refers to a sign that includes a string of lights and does not prohibit a string of lights, in general, such as lights on a home. She stated that she would agree to removal of the typographical errors in Section 12.g.vi. Callies accepted a friendly amendment, Maddy seconded to add language to the original motion to remove the typographic errors in Section 12.g.vi, as noted. Motion passed 4-1 (Sanschagrin opposed). Zerby moved, Callies seconded, to Approve Resolution 24-031, " A Resolution Approving a Summary Publication of Ordinance 606 Regarding Zoning Regulations Amendments Related to Create Content Neutral Sign Regulations." Motion passed 4-1 (Sanschagrin opposed). 7. ENGINEERING/PUBLIC WORKS A. elAPPFeye EnGraGhment flnre�e�ment for Fe�nre and 1 ands Ganinn A. . (Rescheduled for May 28, 2024 City Council meeting) 8. GENERAL/NEW BUSINESS 9. STAFF AND COUNCIL REPORTS A. Staff 1. State Highway 7 Corridor Update Public Works Director Morreim provided a brief update on the Highway 7 corridor study. He stated that the study will be led by MnDOT and KLJ, the consultant selected for this process. He highlighted areas included in the study, schedule, and scope of the study. He noted that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 13 of 14 information on the study can be found at https://talk.dot.state.mn.us/hwy7study and encouraged residents to sign up for e-mail updates and also leave comments or questions. Mayor Labadie asked that the City provide a statement and include this website information within communication to the residents and that Parks and Recreation Manager Czech also provide this to the City's partners such as Minnetonka Baseball, Tonka United, adult softball, the Lacrosse Association, and girls softball. She stated that she felt that the more people that leave their comments, the better. Public Works Director Morreim stated that he was told earlier today that there were already six hundred people signed up on the website. City Administrator Nevinski noted that the there is a link to the MnDOT website on the City's website and staff will look for ways to inform residents about this site. Councilmember Maddy asked if MnDOT was aware of some of the City's capital plan items such as Galpin Lake and Safe Routes to School. Public Works Director Morreim stated that this information has been communicated to MnDOT. Other Parks and Recreation Manager Czech stated that the second clean-up event was held at Freeman Park last weekend and noted that it was nice to see some of the Councilmembers out there helping. He expressed his appreciation to Public Works Director Morreim and his team for their work and noted that they had just over thirty volunteers as well. He also thanked Mr. Barry Brown for being an advocate for this event and stated that they were able to get a lot of the park and wooded area clean-up and planted just under one -hundred trees. He noted that the Park Commission will be conducting Park Tours this month and next. Public Works Director Morreim stated that Public Works staff will continue to do clean-up for the debris along the trail at Freeman Park and also finish planting of the trees in the wooded areas. He stated that they were also planning to plant larger trees throughout the parks over the next few weeks. He stated that in the areas that they were not actively working last weekend, they put down some seed in the buckthorn removal area and will continue with those efforts as they finish up work in various areas. He noted that the water meter replacement project is continuing and explained that there will be just under four hundred residents getting a new water meter. He stated that two of their seasonal staff members started work today. City Engineer Budde stated that the contractors will continue to be out on Strawberry and Birch Bluff finishing up the projects with landscaping/restoration and paving in June. He stated that the mill and overlay project has also started and would be done in about four phases. B. Mayor and City Council Councilmember Sanschagrin expressed his appreciation to Mr. Barry Brown and Public Works for their efforts within Freeman Park. He stated that he had attended the LMCC meeting last week and explained that they were in the process of selling their existing building and will also have a `garage sale' to get rid of some of their old equipment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2024 Page 14 of 14 Councilmember Maddy stated that he attended the Fire Relief Association meeting and noted that that he would be serving on an advisory team for possibly setting up a fire district or JPA in the St. Bonifacius and Mound area. He shared some background on the situation and explained that they are trying to create something similar to what has been done with the Excelsior Fire District. Councilmember Callies stated that she had attended the Planning Commission meeting last week and gave a brief overview of discussion items that will be coming before the Council in the future. She stated that she had attended the buckthorn clean-up event last weekend. Mayor Labadie stated that she was at Shorewood Landings last week speaking to the residents and would be speaking tomorrow night to the Christmas Lake HOA. She commended Communications Coordinator Wilson for the launch of the new City website. She stated that there have been some glitches and bugs, but felt that when Communications Coordinator Wilson is notified of these, he tackles them right away. She recommended that people contact him if they see something on the website that needs attention. She stated that she also wanted to thank Mr. Barry Brown for his efforts related to the City's buckthorn issues. She reminded residents that May 18, 2024 will be the City's annual residential spring clean-up and paper shred events and noted that details could be found on the City website. 10. ADJOURN Maddy moved, Zerby seconded, Adjourning the City Council Regular Meeting of May 13, 2024, at 9:01 P.M.