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12-09-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 9, 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. 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; Finance Director Schmuck, and, City Engineer Budde Absent: None B. Review Agenda Zerby moved, Callies seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Commissioner Maddy explained that he had a conflict of interest regarding item 2.D. because his son had applied for the Warming House Attendant position and suggested that the item be pulled so he could abstain from the vote. Mayor Labadie noted that she also had a conflict of interest with item 2.D. because her son and daughter had applied for those positions. City Attorney Shepherd suggested that they pull item 2.D. for a separate vote. Maddy moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda, as amended, with the removal of item 2.D., and Adopting the Resolutions Therein. A. City Council Work Session Minutes of November 25, 2024 B. City Council Regular Meeting Minutes of November 25, 2024 C. Approval of the Verified Claims List D. Seasonal WaFMing House Attendants (moved to agenda item 8.C.) E. 20-25 City Council Regular Meeting Schedule CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 2 of 16 F. Contract to Remove Hazardous Structure located at 5815 Club Lane G. Smithtown Pond and Shorewood Oaks Drainage Project Acceptance and Final Payment, City Project 20-07, Adopting RESOLUTION NO. 24-102, "A Resolution to Approve Change Order No. 1 and Accept Improvements and Authorize Final Payment for the Smithtown Pond and Shorewood Oaks Drainage Improvements, City Projects 20-04, 20-07." H. Request for Additional Time to Correct a Code Violation Located at 4845 Enchanted Lane for Lisa Holt, on behalf of Mary C. Zinsholt Rev. Liv. Trust, Adopting RESOLUTION NO. 24-103, "A Resolution Approving a Request for Extension to Correct Code Violations for Property Located at 4845 Enchanted Lane." I. Continue Review of Land Use and Development Fees J. Amendments to the Development Agreement and Extension of Plat Approvals for Excelsior Woods, located at 20325 Excelsior Boulevard for applicant — Excelsior Woods, LLC, Adopting RESOLUTION NO. 24-099, "A Resolution Authorizing an Amendment to the Development Agreement and Extension of Plat Approval for Excelsior Woods on Property located at 20325 Excelsior Boulevard." City Administrator Nevinski noted that they are having technical difficulties with getting the Power Point to show on the Zoom connection but were working on getting it fixed. 3. MATTERS FROM THE FLOOR Michelle DiGruttolo 24995 Glen Road stated that she will be seated on the City Council in January and was here because she saw on the agenda that the Council was planning to approve Bylaws and suggested that they may want to push that item out until the new Council was in place. Nat Gorham 6060 Riviera Lane stated that he was also here regarding the proposed vote on the Bylaws and explained that his feelings were similar to Ms. DiGruttolo's regarding waiting for the new Council to take a vote on the Bylaws. 4. REPORTS AND PRESENTATIONS A. Truth in Taxation Public Meeting Finance Director Schmuck gave an overview of the City property taxes and how the County arrived at the valuations, County property growth from 2024, truth -in -taxation noticing with estimated tax information, and reviewed the factors that go into property tax calculations. She reviewed some examples of property tax relief programs and noted that more information about them could be found on the State's website. She noted that the Council over the last few months has reviewed preliminary budgets for all the various City funds and noted that the General Fund, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 3 of 16 the SCEC Fund, Capital Funds, and Debt Service Funds were all supported by the tax levy. She reviewed details from the proposed 2025 tax levy of seven million five hundred ninety three thousand five hundred seventy dollars and explained that it was an increase over 2024 by six point seven two percent, and reviewed the City's budgets and tax levy, and the Capital Improvement Plan. She reviewed some examples of financial impact on residential homes in the City with the proposed 2025 numbers. She reviewed details from the General Fund, Shorewood Community and Event Center, Park Capital Fund, Equipment Capital Fund, and the Street Improvement Fund. She reviewed budgeting information for the City's Enterprise Funds which consist of the Water Fund, Sanitary Sewer Fund, Stormwater Management Fund, and Recycling Funds, and noted that those funds were intended for the expenditures to cover the operating costs and stated that there was no property tax support for any of these funds. Mayor Labadie thanked Finance Director Schmuck for her report and noted that she liked the details and graphs that were included. She explained that the Truth in Taxation Hearing was for public comment and was not a public hearing and asked if there was anyone who would like to make any comments. There were no public comments received. Councilmember Sanschagrin referenced page eight of the packet and asked if staff had any visibility on the number of Shorewood residents who may be participating in those programs. Finance Director Schmuck stated that the County does not provide that information to the City. Councilmember Sanschagrin referenced page ten of the packet which depicted the timeline. He stated that one of the things that they have talked about was getting resident input sooner within the process and asked if that had been narrowed down or if it would be a future discussion. Finance Director Schmuck explained that they were in the process of establishing a calendar for the 2026 budget process and noted that staff would like to discuss it with the Council in a Work Session early in 2025. She stated that they would like to start the overall process a bit earlier including budget discussions with the Council taking place earlier than August. Councilmember Zerby stated that in a previous meeting he had asked about the use of reserves in order to offset the tax levy. He noted that he had missed a meeting where the Council had asked staff to take a look at some long-term planning on the use of reserve funds and asked what had been done. Finance Director Schmuck stated that, right now, they were proposing five hundred fifty thousand dollars of the reserves go into the park and equipment fund and were looking at drafting an in- house long-term financial management plan, but they needed to wait until the budget process was completed before they could begin. She explained that the City has not had a formal long- term financial management plan in the past and noted that staff will be making some presentations on this at their Council retreat that will take place in January or February. Callies moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-106, "A Resolution Adopting the 2025 General Fund Operating Budget and Approving the Property Tax Levy Collectible in 2025." Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 4 of 16 Sanschagrin moved, Maddy seconded, Adopting RESOLUTION NO. 24-107, "A Resolution Adopting the 2025 Shorewood Community and Event Center and Enterprise Fund Budget." Motion passed. Zerby moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-108, "A Resolution Adopting the 2025-2034 Capital Improvement Plan and 2025 Capital Project Fund Budgets." - B. Annual Employee Service Recognition City Administrator Nevinski noted that Public Works employee Rob Hanson, has ten years of service to the City. Public Works Director Morreim stated that Rob Hanson was the second most senior employee within the Public Works Department and noted that most people know him because he volunteers to serve at almost every City event. He stated that a few words that come to mind about Rob are dedicated, thoughtful, rather meticulous, nice, and works great with residents. He gave a brief overview of what Rob does as a Utility Operator for the City, but noted that he really pitches in wherever he is needed. City Administrator Nevinski noted that Rob will receive a Yeti tumbler and a gift card in honor of his ten years of service to the City. 5. PARKS A. Report by Commissioner Bahneman on November 26, 2024, Park Commission Meeting Park Commissioner Bahneman gave a brief overview of the discussions and recommendations from the November 26, 2024, Park Commission meeting. 6. PLANNING A. Report by Commissioner Eggenberger on December 3, 2024 Planning Commission Meeting Planning Director Darling explained that Planning Commissioner Eggenberger had a family issue arise so he was unable to give the report to the Council. She briefly reviewed the discussion and recommendations from the December 3, 2024 Planning Commission meeting. Councilmember Sanschagrin asked if the City was planning to take a look at its Park Dedication Fees and how they compare to neighboring cities. Planning Director Darling stated that before the City can look at raising them any higher or comparing them to other cities, they have to change the foundational basis of how the fees are calculated. She noted that she did feel the City was a little low in their Park Dedication Fees, but explained that it was better to leave them a bit lower until they get that foundation in place. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 5 of 16 B. Rezoning Parcels from C-2 to R-313 Applicant: City -Initiated Request Location: 23445 and 23425 County Road 19 and 23400 Smithtown Road Planning Director Darling gave an overview of the City -initiated request to rezone three parcels from C2 to R-313 in order to provide potential properties to redevelop with densities for some of the fifty-five new high -density housing units that the City was required by the Met Council to provide. She explained that even with these properties being rezoned, they can continue to be used for their current uses, indefinitely. She stated that the properties could also be sold to others that want to use the property in the same way they were currently being used and clarified that rezoning them did not mean that the properties would be redeveloped any time in the near future. She noted that that Planning Commission recommended approval with a three to one vote. She explained that the Commissioner who voted against this indicated their concern with traffic and trail crossing safety. She noted that on the south side of the dredging company, the Hennepin County Rail Authority in partnership with the Three Rivers Park District operates the Lake Minnetonka Regional Trail through the area. She stated that the City had received a few letters and a -mails and noted that they were included in the packet and six people spoke at the Public Hearing. She stated that staff was recommending approval of the rezonings as well as summary publication of the ordinance. Mayor Labadie reminded the audience that the Public Hearing had taken place at the Planning Commission meeting but noted that they have copies of the emails that were received as well as a copy of the minutes from the Planning Commission meeting where the Public Hearing was held. Councilmember Zerby referenced the dredging company property and noted that it had a gate and was connected to West Lake Street and asked if that may be able to help alleviate some of the concerns about the trail crossing concerns. Planning Director Darling stated that they had taken a look at the other Regional Trail crossings and there are a number of streets in the City that cross it such as Strawberry Lane, Smithtown Road, Eureka, and County Road 19. She noted that this is really a driveway crossing on this trail segment and would likely have significantly less traffic than any of the other public crossings. She stated that coming out to Smithtown Road in that location is a very direct approach to the property rather than accessing it through Excelsior and down West Lake, and noted that the Smithtown Road access was technically the only public street access for the property, so staff would recommend that this property continue to be accessed from Smithtown Road. Councilmember Zerby stated that he kept his boat at the Minnetonka Marina Shorewood Division and explained that was not a flat driveway, because the former railroad track, which is now the trail, was located above grade. He stated that the line of sight from the lake side is quite poor so he would agree that there are some visibility issues. He asked if there would be plans to correct this issue if they decided to do this and noted that his understanding is that it was currently a permitted use. Planning Director Darling explained that they would have to work with the Suburban Rail Authority if the use is changed on the site. Councilmember Zerby noted that he was the Council liaison at the Planning Commission when this was discussed and shared some of the concerns from two of the property owners on the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 6 of 16 south side of Highway 7. He noted that the property owner on the north side, the dredging company, was eager to do something with their property and supported this action. Mayor Labadie stated that Planning Director Darling had stated that the current property owners have the ability to maintain the current use as long as they want and can also be sold to someone who wanted to maintain the current use. Councilmember Zerby asked if the use, for example, for the garden center, would have to remain a garden center and could not be something else, such as a different type of retail, even if the footprint of the building did not change. Mayor Labadie stated that it was her understanding that was correct and that there would be restrictions on the new owner if they wanted to turn it into some alternative type of business. Councilmember Zerby stated that he believed that the storage facility was being used for batting practice and asked if that would have to be the continued use that would be allowed. He noted that he can remember a time that the Council had approved a plan to turn this building into office space which he assumed had expired. Planning Director Darling stated that she believed that it was an office and showroom for construction projects and recalls that when they were going through the building permit process it was discovered that they could not renovate the building for that particular use. Councilmember Maddy stated that he served on the Planning Commission at that time and it was supposed to be a showroom that would have customers showing up to check out their various products, but nothing happened with their plans. He stated that he felt that it should be stated that this action was something that the Met Council was forcing on the City because of their increased density demands. He explained that he has never liked the idea of higher density within Shorewood, but if they were forced to do it, he felt that this location would not be the worst place for it, which meant that he was a reluctant supporter of this action. Councilmember Callies stated that when the City amended the Comprehensive Plan, the property owners also spoke at that time and have weighed in on this action now and in the past. She stated that in terms of high density, she also felt that this location made sense compared to other places within the City. Councilmember Maddy stated that the City needed to be careful about pushing people into legally non -conforming status, but reiterated that the property owners do not have to change their businesses. Councilmember Sanschagrin asked if this was a form of `taking'. Councilmember Callies that it was not a form of taking. Councilmember Maddy noted that he felt it was the opposite of that because the property will be worth more because they could build an apartment building on it. Councilmember Sanschagrin asked if the City was completely sure that it would not decrease its value. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 7 of 16 Councilmember Callie suggested that the Council have City Attorney Shepherd address this question. City Attorney Shepherd explained that the Council was making a legislative decision to rezone the property and in order for that to be considered a `taking' they would have to have all economically viable use of the property wiped out from their regulatory action, which the Council was not doing. He stated that the Council was just saying that these parcels would convert, in the future, should they stop their lawful non -conforming use, to a residential use of the property which would not deny them economically viable use of the property. Councilmember Sanschagrin stated that the City would be restricting what they can do with their property, so he felt that there may be a potential for a higher market value for property, for example if they chose to sell countertops instead of what they have been selling. He stated that he felt that the City was reducing their ability to get the best and highest use of its property and the value associated with it. City Attorney Shepherd stated that those assertions were not necessarily born out and noted that the Supreme Court has been pretty clear that zoning does not automatically amount to a taking. He reiterated that all the City was doing with the zoning code amendments was to say that this type of use will go in this location and reiterated that this action was not a taking. Councilmember Sanschagrin explained that he was in support of promoting the health, safety, and well being of Shorewood residents and he was not in favor of the Met Council bullying the City into zoning decisions. He stated that he read through the Planning Commission minutes and it was approved, but it was not strongly approved because even those who voted in favor of this had trepidations about the situation. He explained that he was not in favor of imposing the City's will on residents who are unwilling or involuntarily being required to go through a zoning or property restriction. He clarified that he was very strongly opposed to this action. Mayor Labadie noted that she did not believe that anyone on the Council wanted something that goes against the health and welfare of the residents and also felt that the Council agreed with Councilmember Sanschagrin that Met Council does act in a regulatory, controlling fashion, or in other words, can be a bully. She asked Planning Director Darling and City Attorney Shepherd to weigh in and explain to the Council what would happen if they go against the Met Council. She noted that the Met Council had rejected the initial Comprehensive Plan the City had submitted because it did not meet their density requirements. Planning Director Darling stated that cities can attempt to fight the Met Council directives and explained that it comes down to whether they want to spend their money on infrastructure projects or spend millions of dollars fighting the Met Council. Councilmember Maddy gave the example of Lake Elmo and asked how much money they had lost trying to fight the Met Council. Planning Director Darling noted that cities have the choice of where they put the density within their community and stated that she felt Shorewood took a very thoughtful approach to this and reviewed the possible locations in the City where this type of density could go. Councilmember Sanschagrin asked if the City was also looking at additional locations. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 8 of 16 Planning Director Darling noted that the City was also looking at another round of Comprehensive Planning that will be required because the Met Council has increased the number of units that Shorewood should absorb. She explained that they had not finalized their plans yet and noted that they had begun with the requirement to absorb four hundred units and have been able to negotiate with then and the number they have settled at now is one hundred sixty units and they have started looking for the potential of looking at some other areas of the community for this use. City Attorney Shepherd stated that he felt that Planning Director Darling had accurately explained the risk with non-compliance with the Met Council's direction and would bring them down the road of litigation, which he felt would be a waste of resources. Councilmember Zerby asked if these were goals from the 2030 or 2040 Comprehensive Plan. Planning Director Darling stated that the high density was a goal of the 2040 Comprehensive Plan. Councilmember Zerby asked if that meant that the City was required to have this number of units in place by 2040. Planning Director Darling clarified that the City was required to have opportunity areas for that number of units. She explained that the Met Council wanted fifty-five units that were over five units/acre and thirty-five that were over eight units/acre. Councilmember Zerby asked how many units staff would expect to be on these three lots. Planning Director Darling stated that realistically she believes that there would be less than fifty units on the dredging company property. She noted that it would be a challenging parcel to develop due to competing environmental situations including floodplain, shoreland regulations, and wetland soils. Councilmember Callies stated that she felt that the entire Council could object to the Met Council and the fact that they are not an elected body, but she felt that Shorewood was part of the larger community and have people who want to be able to afford to live in the City. She explained that she felt it was good for the City to have diverse housing types available. She stated that she could not envision single-family homes on these three lots and felt that this seemed like an appropriate location and use for this type of option for housing in the City. Mayor Labadie stated that the job of the Council was to make the best decision for the majority of the residents in the City and did not believe that spending six to seven figures for litigation trying to fight this was best for the City. Councilmember Zerby stated that he did not think that they were at the litigation phase yet and explained that his concerns were related to the property owners' comments and the timing and noted that the City was required to have these units available by 2040 and it was only 2024. Councilmember Callies noted that they have to have the zoning mesh with the Comprehensive Plan and be in conformance. Councilmember Zerby stated that he appreciated that reminder because he believed that was supposed to happen within two years of the adoption of the Comprehensive Plan. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 9 of 16 Planning Director Darling clarified that the City has nine months after the Comprehensive Plan is adopted to complete the implementation and acknowledged that the City was a bit behind schedule. Mayor Labadie stated that Councilmember Sanschagrin was correct that the City was being forced and strong-armed by the Met Council into doing this, but until the system changes this was what they had to do. Councilmember Sanschagrin asked if staff could take a look and see if there may be other areas for this density, such as the Xcel property. He asked if the City could take a step back and look at the overall plan and recalibrate because he keeps looking at the two property owners who do not want their property to be rezoned. He clarified that he was not against high -density housing because he would support it in the right places within the City. Councilmember Maddy explained that the City had done what Councilmember Sanschagrin was asking them to do three years ago and this is what they came up with. Mayor Labadie agreed and stated that the due diligence Councilmember Sanschagrin mentioned has been happening. Councilmember Sanschagrin stated that he understood that, but felt that many things could have changed in three years, and reiterated the example of the Xcel property. He stated that he would like them take a look at updating this in order to see if they can do better for their residents. Mayor Labadie asked if the Xcel property had been discussed three years ago. Planning Director Darling confirmed that the Xcel property was discussed, but at the time, they had wanted to expand on their site which would not have been possible if they had been rezoned to a higher density land use. Callies moved, Maddy seconded, Adopting Ordinance 611, "An Ordinance Amending Section 1201.09 Subd. 2 of the Shorewood Zoning Code — The Shorewood Zoning Map for 3 Parcels Located at 23400 Smithtown Road, 23425 CR 19 and 23445 CR 19." Sanschagrin moved, Zerby seconded, to amend the original motion and exclude the two properties that were not in favor of rezoning their property. City Attorney Shepherd explained that the Council should vote on the amendment to the motion first. Mayor Labadie asked if the Council was clear on what they would be voting on. Councilmember Callies stated that she understood that they would be voting on removal of the two parcels, but explained that would also mean that the City did not meet the Met Council requirements to provide the opportunity for higher -density housing at these locations. Planning Director Darling stated that was correct and they would not have the correct zoning on here so the Council would have to give her direction on whether they want her to change the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 10 of 16 Comprehensive Plan or propose a different district that would implement the Comprehensive Plan. Mayor Labadie asked what it would take to change the Comprehensive Plan in terms of costs, staff time, and the overall timeline. Planning Director Darling stated that the overall timeline would probably be three to four months and explained that the Met Council will ask the City to make some demographic changes to the rest of the Comprehensive Plan, which they were hoping to put off until the next Comprehensive Plan. She stated that the cost would be the staff time to put together the amendments and exhibits that would have to be submitted to the Met Council and they would also need to hold Public Hearings. Councilmember Maddy stated that they would most likely have a new group of people who were not interested in having their property rezoned. Councilmember Sanschagrin stated that in the past, Councilmember Maddy had argued for people to be able to use their property however they like. Councilmember Maddy agreed and noted that if the Met Council was not holding a proverbial gun to the City's head, he would love for everyone to be able to use their property however they would like. Councilmember Callies stated that the City does not let people use their property any way they want to use it because that is the whole point of zoning. The Council discussed past discussions regarding where higher -density housing may be able to go. Mayor Labadie reminded the Council that their upcoming vote with be on the amended motion made by Councilmember Sanschagrin and seconded by Councilmember Zerby. Amended motion failed 2-3 (Callies, Maddy, and Labadie opposed). City Attorney Shepherd clarified that now the Council could take a vote on the original motion made by Councilmember Callies and seconded by Councilmember Maddy. Motion passed 4-1 (Sanschagrin opposed). Callies moved, Maddy seconded, Adopting RESOLUTION NO. 24-104, "A Resolution Approving the Summary Publication for Ordinance 611 Adopting Amendments to the Shorewood City Code, Chapter 1301.03 (Land Use Fees)." Motion passed 4-1 (Sanschagrin opposed). C. City Code Amendments Pertaining to Managed Natural Landscapes and Public Nuisances Applicant: City -Initiated Request CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 11 of 16 Planning Director Darling reviewed the regulations adopted as part of the 2023 State legislative session which requires cities to allow property owners and occupants to install and maintain managed natural landscapes. She explained that this meant that homeowners could use things such as native grasses, wildflowers, rain gardens, and ornamental plants rather than turf grass or sod. She explained that the proposed amendments would bring the City into conformance with the new State law. Councilmember Sanschagrin asked if this would impact the City's right-of-way areas Planning Director Darling stated that typically these are private property regulations, but technically, it could impact the City right-of-way areas. Councilmember Sanschagrin stated that he felt the City's property maintenance programs may be impacted and gave the example of the grass along Smithtown that gets really high. He asked if that would be impacted by this ordinance that says it cannot go above a certain height. Public Works Director Morreim stated that the ones he can think of that are longer tend to be along State and County right-of-way. He explained that a majority of the areas along Smithtown were maintained and noted that next to wooded areas there is a bit of a gray area about how far the City can maintain near the area, but reiterated that the vast majority was maintained at eight to twelve inches or lower. Councilmember Zerby asked if the City had considered their IPM program and whether there was any connection or overlap to this action. Planning Director Darling stated that the only thing she could think of in this situation would be the native plantings in Gideon Glen but those would not be held to the height of eight inches because they were allowed to grow taller and the City has a maintenance program where they are burned from time to time. She stated that she felt this would be an example of a managed care area and explained that they were also looking at working on some of the forest areas in Freeman Park so they can get the mowers in amongst the areas that used to be full of buckthorn. Councilmember Sanschagrin suggested some wording changes in order to be consistent with what the City had done in the past and instead of repeating what the State statute said. Councilmember Maddy asked if they could remove all references to height limitations. Planning Director Darling stated that she felt that would cause more issues and noted that they get frequent complaints about people not maintaining or cutting their yards. Councilmember Callies stated that these changes are being done in order to be consistent with State law and noted that the City was trying to be transparent and let people know about the standard. She felt that it would be useful for the City to say that they can have up to eight inches rather than just referring to State statute. Zerby moved, Callies seconded, adopting Ordinance 610, "An Ordinance Approving an Amendment to Shorewood City Code Chapter 501 Related to Managed Natural Landscapes and Public Nuisances." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 13 of 16 Road was not included was because it is slated in 2027 for a capital improvement project and the current scope is for a full reconstruction with the addition of watermain. Sanschagrin moved, Maddy seconded, Adopting RESOLUTION NO. 24-109 "A Resolution to Prepare Final Plans and Specifications for 2025 Mill and Overlay and Eureka Road Project, City Project 24-10 and 23-01." Motion passed. 8. GENERAL/NEW BUSINESS A. City Council Bylaws City Administrator Nevinski reminded the Council that they had spent the last several Work Session meetings discussing the proposed Bylaws. He noted that at their last meeting there appeared to be consensus about what they wanted to see included, so it was now before the Council for their final review and consideration. He explained that the proposed Bylaws really reflect the Council's current practices. He noted there were some comments shared during Matters from the Floor that had asked the Council to continue this item so the next Council could consider them and stated that the Bylaws should be reviewed at least on an annual basis but explained that can be changed at any time. Mayor Labadie gave an explanation of how the consideration of creating Bylaws for the Council came about. She stated that she felt it was a good first step to draft policies for this legislative body. She noted that the Council discussed this at their retreat in January of 2024 and have been discussing it over the last few months at their Work Session meetings. She stated that she supported the Bylaws in their current form and reiterated that they were meant to be reviewed at least annually and could be changed by the incoming Council, if they saw fit. Councilmember Callies stated that she agreed and also felt it made sense to proceed with this because the current Council has worked on this. She stated that it can be reviewed in the future but noted that there was consensus of the Council to adopt the Bylaws at their last few meetings. She noted that she did not think there was anything that was terribly controversial or drastic included in the Bylaws. Councilmember Zerby stated that he had only been involved in one Work Session where this was discussed and was under the impression that it would come back to one more time before it was imposed on the next Council. He explained that he wanted to be respectful of the next Council and give them the opportunity to vote it in rather than just inheriting it from the previous Council. Councilmember Callies stated that she did not hear any particular concerns raised about anything within the Bylaws and asked what this would accomplish. Councilmember Sanschagrin stated that the key to the Bylaws was voluntary compliance and the new Councilmembers have not participated or provided their input into them. He stated that he would agree that the current Council put a lot of work into the Bylaws, but he felt they could still be improved. Mayor Labadie stated that she would vote with the majority of the Council on this matter but questioned whether the thought was that the new Council would take on creation of the Bylaws CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 14 of 16 after they had just joined the Council or if it would wait until they had some experience under their belts which would just kick it down the road a bit. She noted that the current Council had experienced some of the issues outlined in the Bylaws and have all given input at several meetings already. She explained that she was not trying to be disrespectful to the new Councilmembers, but was not sure that the time for them to weigh in on this would be their first meeting. Councilmember Sanschagrin stated that he would be fine allowing the new Councilmembers some time under their belts before this is brought to them for a decision. He stated he felt that this action was a bit rushed and that it made sense to hold off until the new Council came on board. Councilmember Maddy asked City Attorney Shepherd if the City would be tying their hands too tightly in the Bylaws and explained that there were some items that he was concerned about related to possible litigation if they do not check all of the boxes. He asked if they may be making this too restrictive and gave the example of someone speaking without seeking recognition from the presiding officer and whether that would allow an applicant to say that the City did not follow their own rules so their decision was not valid. City Attorney Shepherd stated that he felt that in the example shared by Councilmember Maddy, the liability risk would be nothing and they would not be able to bring forward a lawsuit for that situation. He stated that the Council could choose to continue their review of this document and did not think there was a risk in pushing it out to another meeting. Sanschagrin moved, Zerby seconded, Tabling consideration of RESOLUTION NO. 24-110, "A Resolution Adopting the Bylaws of the Shorewood City Council" and bring it back to a Work Session in 2025 during the first quarter of 2025. B. MnDOT Grant Agreement — Highway 7 TMO Study City Administrator Nevinski gave an overview of the MnDOT Grant Agreement for the Highway 7 Transit Management Organization (TMO) and its function and scope of work. Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-111, "A Resolution Approving a Grant Agreement with the State of Minnesota Awarding Funding for a Transit Management Organization Study of the Trunk Highway 7 Corridor." C. Seasonal Warming House Attendants City Clerk/HR Director Thone gave an overview of the request to hire Seasonal Warming House Attendants and explained that they have given conditional offers to four individuals and will interview four additional candidates tomorrow. Mayor Labadie explained that she and Councilmember Maddy would be abstaining from the discussion and vote on this item because they each had children who had applied for these positions. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 15 of 16 Zerby moved, Sanschagrin seconded, Approving the Seasonal Warming House Attendants, as outlined. Motion passed 3-0-2 (Laba ie and Maddy abstained). 9. STAFF AND COUNCIL REPORTS AND DISCUSSION A. Staff Park and Recreation Manager Czech stated that the City was getting ready for the rinks and warming house season. He noted that they were also working on a lot of Arctic Fever preparation and gave an overview of a few fun things that they have planned. He noted that the upgraded restroom fixtures have received rave reviews from the City's senior population. He stated that the SCEC will be hosting the Athletic Management Institute later this week. Public Works Director Morreim stated that they will start making ice tomorrow for the rinks because there is cold weather expected this week. He stated that the buckthorn removal at Freeman Park would be coming to an end soon because most of the removal has been done in the larger area. Finance Director Schmuck stated that they are wrapping up the year and preparing for their internal audit that will begin in January. She stated that they are preparing to make changes that the Council has approved to utility rates and the fee schedule. City Clerk/HR Director Thone stated that the City has begun recruitment for Commissioners and encouraged the Council to share the information because some of their best recruits have come through word of mouth. She stated that she has enjoyed working with Councilmembers Callies and Zerby in their time on the Council. Planning Director Darling stated that the 2050 Comprehensive Plan was gearing up through the Met Council and noted that they are offering some training so City Planner Griffiths would be attending a full -day seminar tomorrow on the climate action plan portion of the next Comprehensive Plan. She noted that she had gotten a call from the Hennepin County Regional Rail Authority that they will be removing ash trees and trees that are dead or dying that have been affected by the ash borer disease along the Lake Minnetonka Regional Trail. Mayor Labadie suggested that the City put out updates or information on the website about the planned tree removals. City Administrator Nevinski stated that the City was in the process of switching over their phone system and network which has been going well overall. B. Mayor and City Council Councilmember Zerby stated that he has been on the City Council for a total of nineteen and one- half years and shared statistics about the number of meetings he attended in that time period. He stated that he felt that the City had great staff and a great Council in place, so he was comfortable leaving things in their hands. Councilmember Sanschagrin wished Councilmembers Callies and Zerby well. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 9, 2024 Page 16 of 16 Councilmember Maddy stated that the new fire truck for the Excelsior Fire District had been received but still needed to be given to another party in order to install their high pressure sprayer. He stated that its final delivery with everything in place should be mid -January. He gave a brief overview on interviews and the overall high interest they have seen for people wanting to join the Excelsior Fire District. Councilmember Callies stated that it had been great working with everyone in her recent turn on the Council and explained that she first got involved in 2005. Mayor Labadie stated that last week she met with Congressman Phillips for the final meeting in his term and noted that he brought along the Congresswoman -elect Morrison and introduced her to everyone. She stated that she was thankful for the service provided by Congressman Phillips and optimistic about Congresswoman -elect Morrison. She noted that last week the SLMPD had their third annual staff recognition event and explained that the Officer of the Year was Zach Robertson. She stated that they also swore in a new officer but they were also looking for additional officers. She stated that she attended the Regional Council of Mayors meeting earlier today and gave an overview of their discussion topic. She expressed her excitement about the upcoming snow plow naming contest as part of the Arctic Fever event. She thanked Councilmembers Zerby and Callies for being amazing mentors. 10. ADJOURN Zerby moved, Callies seconded, Adjourning the City Council Regular Meeting of December 9, 2024, at 9:40 P.M. Motion passed. ATTEST: r c t✓ nifer abadie, Mayor Sandie Thone, City Clerk