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11-25-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 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 7:02 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; Planning Director Darling; City Planner Griffiths; Director of Public Works Morreim; Park and Recreation Manager Czech; Finance Director Schmuck, and, City Engineer Budde Absent: None C. Review Agenda Sanschagrin moved, Maddy seconded, approving the agenda, as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Zerby asked about item 2.E. related to the closure of City Hall on Christmas Eve. He noted that at the beginning of every year, the Council approves holidays for the entire year, but it seems as though every year this item is added to the schedule and asked why they did not just do it altogether when they scheduled the others. City Administrator Nevinski noted that staff had also had this conversation and were looking to make this part of the regular closure schedule planning in the upcoming year. He explained to the Council that there was a memo that made some changes to the language for item 2.F. and wanted to make sure that was reflected in the Council's approval tonight. Maddy moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein, with the language changes in item 2.F., as described. A. City Council Work Session Meeting Minutes of November 12, 2024 B. Municipal Canvas Board Meeting Minutes of November 12, 2024 C. City Council Regular Meeting Minutes of November 12, 2024 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 25, 2024 Page 2 of 7 D. Approval of the Verified Claims List E. Holiday Schedule F. Excelsior Sewer and Water Agreements G. Timesaver's Recording Secretary Service Agreement H. Tree Removal Quote and Agreement I. Safe Routes to School Grant Application, Adopting RESOLUTION NO. 24- 094, "A Resolution Authorizing Pursuit of the Safe Routes to School Infrastructure Grant." J. Contract with Blue Net, Inc. for Managed IT Services K. Extension of Plat Approval for Ray Helgesen Addition, 6120 Strawberry Lane — Patti and Paul Helgesen, Adopting RESOLUTION NO.24-095, "A Resolution Approving and Extension to the Preliminary and Final Plat for the Ray Helgesen Addition for Property Located at 6120 Strawberry Lane." L. Variance for Shed near the Shoreline of Christmas Lake, 5840 Ridge Road — Jeffrey and Maggie Seybold, Adopting RESOLUTION NO. 24-096 "A Resolution Approving a Variance for a Shed Near the Shoreline of Christmas Lake for Property Located at 5840 Ridge Road." M. Strawberry Lane Reconstruction Project — Project Acceptance and Final Payment, City Project 1905, Adopting RESOLUTION NO. 24-097, " A Resolution to Accept Improvements & Authorize Final Payment for the Strawberry Lane Reconstruction Project; City Project 19-05." Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING A. Report by Commissioner Johnson on November 18, 2024 Planning Commission Meeting Planning Director Darling gave a brief overview of the discussion and recommendations from the November 18, 2024 Planning Commission meeting. B. Conditional Use Permit for Accessory Apartment Location: 19660 Sweetwater Curve Applicant: Peter and Jane Anne Hill CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 25, 2024 Page 3 of 7 City Planner Griffiths gave an overview of the request for a Conditional Use Permit for an Accessory Apartment and stated that staff and the Planning Commission recommend approval. Councilmember Sanschagrin asked if there should be language that relates to the exception for a caregiver. City Planner Griffiths clarified that language was included in the City's ordinance which has the exception for caregivers listed and would apply to this application. Councilmember Sanschagrin stated that it talks about the need to be related by blood, marriage, or adoptions, and asked for some clarity on this, from a legal perspective. City Attorney Shepherd stated that he felt that the point of the code was trying to distinguish it from a rental situation, so the idea would be for it to apply to their immediate family, which was not uncommon. He stated that the application before the Council makes it clear that they are talking about a family member. Callies moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-098, "A Resolution Approving a Conditional Use Permit for an Accessory Apartment at 19660 Sweetwater Curve." Motion passed. C. Amendments to Development Agreement and Extension of Plat Approvals for Excelsior Woods Location: 20325 Excelsior Boulevard Applicant: Excelsior Woods, LLC Planning Director Darling reviewed the request for amendments to the Development Agreement as well as an Extension of Plat Approvals for Excelsior Woods. She noted that the applicant had made an additional request that staff did not support that would be to allow them to construct the foundations for homes prior to the installation of the water and sewer mains. Councilmember Callies asked if the City needed to say anything in this resolution about the prior Development Agreement. Planning Director Darling stated that the only reason to say something would be if the Council disagreed with the staff recommendation. Tom Dewitz, 14712 Hightower, Minnetonka and John Pastuck, 20345 Excelsior Boulevard, explained that it had taken them a while to secure financing and were not asking the Council to grant an exception so they can continue working on the project now. Councilmember Sanschagrin stated that it sounded like the applicants would be taken a significant risk with their proposed approach to the sewer and water main installation. Mr. Dewitz explained that he had spoken with their engineer and was told that there should not be any reason why they could not do it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 25, 2024 Page 4 of 7 Mr. Pastuck explained that they normally connect to sewer and water after the foundations are put in and he felt that the approach the City was recommending was unusual. Mayor Labadie asked if City Engineer Budde would like to weigh in on this issue. City Engineer Budde stated that in almost all the cases he has been involved in, the main has been put in and stubbed out before the homes were built. He noted that Mr. Pastuck was correct that they make that connection after the foundations are built, but that is when you have a known elevation and target for their main and their service and know that they will have positive grade. Councilmember Sanschagrin asked if there was any language that should be included, if the Council made the decision to approve the applicants other requests to protect the City from any liability. Planning Director Darling stated that she would recommend that the Council send it back to staff to make the appropriate amendments to the Development Agreement. Councilmember Sanschagrin asked if the applicants would be amenable to that delay. Mayor Labadie noted that it would most likely not come back before the Council until their January meeting. Councilmember Callies stated that she felt what they were requesting was a significant departure from what the City usually does and she agreed with the recommendation from staff. Councilmember Maddy stated that this parcel had some clean-up that needed to be done. Mr. Dewitz stated that the prior developer had done a lot of the clean-up and now they were just trying to get it done. The Council discussed staff concerns and how they may be able to be addressed and enforced. Mayor Labadie asked if the City had ever had developers come in with this same type of request. Planning Director Darling explained that this used to be a fairly standard process and noted that the reason that they put this procedure into place was to halt the complaints and minimize the impacts, especially for in -fill developments such as this one. She explained that she had initiated this procedure as soon as she began working for the City. Councilmember Sanschagrin asked if the fact that the developers have stated that they have room to park twelve vehicles on the site was something that the City could include in their policy. Planning Director Darling stated that if the Council limited it to foundation construction and did not allow any framing, then there may be enough parking on the site. Mr. Dewitz stated that when they do the foundation work that will be one set of vehicles and when they start the framing that is two vehicles. Mayor Labadie stated that what they were proposing was a deviation from how the City has treated other developers in the past. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 25, 2024 Page 5 of 7 Councilmember Maddy stated that he was leaning towards approving the developers request so they can get the work done and noted that he felt that there was plenty of parking. Councilmember Sanschagrin stated that he agreed and noted that he understood the reason for the City's usual approach, but in this case, he also felt that there was plenty of parking on the property and felt that they could accommodate this request. Councilmember Callies noted that in addition to the concerns about parking, there was also the concerns expressed about the engineering. Mayor Labadie explained that she was also concerned about not following the advice of the City Engineer and Planning Director. Councilmember Zerby admitted that he was torn but explained that he could go along with allowing this to move forward during the winter. Sanschagrin moved, Maddy seconded, to direct staff to adjust RESOLUTION 24-099, in order to incorporate the requests by the applicants, to allow home construction prior to spring, and bring it back for consideration at the Council's next meeting. Motion passed -1 (Callies opposed). 7. ENGINEERING/PUBLIC WORKS A. SE Area Water Treatment — Pre -order Material, City Project 24-08 City Engineer Budde gave explanation of the request to pre -order materials for the SE Area Water Treatment in order to utilize the remaining Coronavirus State and Local Fiscal Recovery Funds as part of the American Rescue Plan Act. He reviewed details of the quotes that were received. Councilmember Zerby asked about the quote from Vessco and noted that there appeared to be a lot of things that were not included and asked if the City had an estimate on what it may cost to complete that portion of the project. City Engineer Budde stated that he did not have an exact number, but all of the miscellaneous materials are more frequently available, so it will be more cost effective if Vessco does not supply those types of materials. He clarified that staff will come back with the final design package around February and go out for quotes to install all of the materials that the City was purchasing now. He noted that it was pretty standard for the City to pre -order much of the material for lift stations ahead of the process. Councilmember Sanschagrin asked if there was a way to say how much the water quality would improve with this project. City Engineer Budde stated that he does not have that kind of information at the moment, but could get back to the Council with that information. Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-100, "A Resolution to Pre -Order Equipment for the SE Area Water Improvements Project; City Project 24-08." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 25, 2024 Page 6 of 7 B. American Rescue Plan Act Funds Public Works Director Morreim explained the proposal to designate the American Rescue Plan Act (ARPA) funds for use for necessary investments in water. He reviewed the projects that have been identified for the remainder of the ARPA fundings. Sanschagrin moved, Zerby seconded, Adopting RESOLUTION NO. 24-101, "A Resolution to Spend Coronavirus State and Local Fiscal Recovery Funds (SLFRF)." Motion passed. 8. GENERAL/NEW BUSINESS 9. STAFF AND COUNCIL REPORTS AND DISCUSSION A. Staff 1. Election Update Mayor Labadie noted that the election update information was included in the packet. Other Park and Recreation Manager Czech stated that the furnace at the SCEC went in last Wednesday and some of the restroom fixture installation began last Thursday. Public Works Director Morreim stated that street sweeping finished earlier today and reminded the Council that they will be going back to streets that were swept a while ago, as weather permitted. He stated that other than that they were doing odds and ends in preparation for winter, such as pothole patching and tree trimming. He stated that Hennepin County was continuing to do removal of buckthorn at Freeman Park and noted that the City had received their new equipment and had started using it this afternoon to help with the buckthorn removal. City Engineer Budde stated that the storm pond cleaning project off of Mary Lake Trail should done over the course of the next month. Finance Director Schmuck stated that they have certified the assessment rolls to the County and have been working to pull together budget information for the upcoming December 9, 2024 City Council meeting. She noted that the 2024 audit would begin the second week in January. Planning Director Darling stated that last hunt took place last weekend and the combined numbers for all three hunts harvested seventeen deer. City Administrator Nevinski stated that staff had met with Metronet who have wrapped up their work for the season but would resume work in the spring. He gave an overview of their planned communication process. He noted that if anyone had questions, they can go to www.metronet.com/construction and submit a question, or call 1-877-386-3876. He stated that a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 25, 2024 Page 7 of 7 company called Midco was also looking at deploying in the City and has been working with LMCC. He stated that the City was still in the process of transitioning to the new managed services provider and will be switching over to the new phone provider tomorrow. B. Mayor and City Council Councilmember Zerby stated that he had received a comment from a resident regarding tree removals in the right-of-way and if there would be anything done with the stumps let behind. Public Works Director Morreim stated that they will be listing them all out and had plans to rent a stump grinder to take care of them. Councilmember Zerby complimented the Public Works Department on their handling of the last snowfall. Councilmember Sanschagrin stated that the LMCC held their last commission meeting for the year and gave an overview of their topics of discussion. Councilmember Maddy stated that the Excelsior Fire District will be getting the new truck that they ordered four years ago sometime in December. Mayor Labadie stated that she did the Citizens Academy with the SLMPD and encouraged people to also participate next October when they offer it again. She stated that a few weeks ago she was at the high school for the President's Volunteer Service Awards and wanted to give a shout out to Shorewood resident, Deb Zorn, who received the Lifetime Achievement Award for her four thousand hours of volunteer work in the community. 10. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of November 25, 2024, at 8:08 P.M. 71INWITATT.-rT-r ATTEST: Sandie Thone, City Clerk J nifer Labadie, Mayor