Loading...
06-25-12 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 25, 2012 7:00 P.M. 0 I 1. CONVENE CITY COUNCIL REGULAR MEETING Acting Mayor Zerby called the meeting to order at 7:01 P.M. A. Roll Call Present. Acting Mayor Zerby; Councilmembers Hotvet, Siakel and Woodruff; Attorney Keane; Interim City Administrator/Director of Public Works Brown; Finance Director DeJong; Planning Director Nielsen; and Engineer Landini Absent: Mayor Liz& B. Review Agenda Woodruff moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, June 7, 2012 Hotvet moved, Woodruff seconded, Approving the City Council Special Meeting Minutes of June 7, 2012, as presented. Motion passed 4/0. B. City Council / Planning Commission Joint Meeting Minutes, June 11, 2012 Woodruff moved, Siakel seconded, Approving the City Council / Planning Commission Joint Meeting Minutes, of June 11, 2012, as presented. Motion passed 4/0. C. City Council Regular Meeting Minutes, June 11, 2012 Hotvet moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of June 11, 2012, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Zerby reviewed the items on the Consent Agenda. Hotvet moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Authorize Expenditure of Funds for Disposal of Street Sweeping, City Project 12.07 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 2 of 14 C. Approving ORDINANCE NO. 496 "An Ordinance enacting and Adopting the 2012 S -7 Supplement to the Code of Ordinances for the City of Shorewood Minnesota" and Adopting RESOLUTION NO. 12 -042 "A Resolution of Official Summary of Ordinance 496 ". D. Adopting RESOLUTION NO. 12 -043 "A Resolution Adopting Performance Measures." E. Accept Plans and specifications and Authorize Advertisement of Bids for List Stations 5 and 6 Adopting (This item was moved to Item 10.0 under General/New Business.) Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Tad Shaw, Report on Minnetonka Community Education Activities Acting Mayor Zerby stated Tad Shaw, the City's representative on the Minnetonka Community Education (MCE) Advisory Council, is present this evening to discuss MCE activities. Mr. Shaw noted MCE Executive Director Litfin could not be present this evening. Therefore, he will ask to give his next report out of schedule with Mr. Litfin because Mr. Litfin has something he wants to talk to Council about. Mr. Shaw stated MCE is celebrating its fortieth anniversary this year. A small task force has been discussing what could be done to celebrate the milestone. That is what he believes Mr. Litfin wants to talk to Council about. He then stated there seems to be some discord between the Southshore Community Center (SSCC) personnel and MCE. He heard about that a couple of weeks ago, and he has spoken with Mr. Litfin about it. They hope to resolve that before things escalate into problems. Councilmember Woodruff commented that for those Shorewood residents who are not part of the Minnetonka School District (i.e., those that live on the Islands) the Westonka School District has a similar program. He noted all residents can take advantage of either of the community education programs. Mr. Shaw stated he would like there to be cooperation between the various community education programs. He did not think it is overly beneficial to have three community education programs in the west metro teach many similar programs and compete with each other. He then stated it would be nice if some of the money that people spend on community education classes would go back to the community education programs in their respective community. He went on to say that MCE's program is 85 percent fee driven. It doesn't rely on taxpayer money to run its programs. He noted that MCE is one of the best community education programs in the country. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 3 of 14 Acting Mayor Zerby thanked Mr. Shaw for picking up on the discord between MCE and the SSCC. He stated it is the City's intention to act in concert with MCE. He asked if MCE is offering many classes online. Mr. Shaw stated he does not know the answer to that. B. Greg Nybeck. Lake Minnetonka Conservation District Budget Report Acting Mayor Zerby stated Greg Nybeck, Lake Minnetonka Conservation District (LMCD) Executive Director, is present to give an update on the proposed 2013 LMCD budget. Mr. Nybeck stated he was going to present a general overview of the LMCD, summarize the 2012 program and activities, and review the last revision of the 2013 budget. With regard to the general overview, Mr. Nybeck stated pollution and water issues date back to the late 1800s. Around the 1950 timeframe there was a movement at the local level to get one voice on Lake Minnetonka (the Lake) in order to get some consistency from a governmental standpoint. In 1967 the LMCD was created by State Statute; the same time the Minnehaha Creek Watershed District (MCWD) was created. The responsibilities were to regulate the use of the Lake and to develop a comprehensive program to eliminate pollution. The MCWD led the charge on the pollution activity. With regard to 2012 programs and activities, Mr. Nybeck stated everything the LMCD does is driven from a strategic plan. One of the items in that plan is to reduce the levels of existing aquatic invasive species (AIS). The LMCD's Eurasian Watermilfoil (milfoil) harvesting program does address that. The harvesting program has been in place since 1989. The Lower Lake south option was implemented this year. The Lake is divided into four quadrants for harvesting to try and ensure the program is equitable around the Lake. The 2012 effort started about two weeks ago. He noted milfoil is very heavy this year. He stated the hope is the third harvester will be delivered the week of July 9 The goal of the program is to deal with impediments to public navigation. The approximate budget for the program is $93,000. The 2013 budget increased a couple thousand dollars. He displayed a GPS map of the Lake which shows where the LMCD harvests. The harvesting parallels the shoreline. He then displayed the view of a number of spots in the Lake which show the amount of milfoil. Mr. Nybeck explained there are a number of partners involved in the coordinated herbicide treatment program. The primary players are the LMCD and the Lake Minnetonka Association (LMA). It is a 5 -year demonstration project which started in 2008 and ends in 2012. The three bays that are participating directly are Carman Bay, Grays Bay and Phelps Bay. When the Lake Vegetation Management Plan (LUMP) was prepared one of the things identified that needed to be assessed is whether or not the herbicide treatment of milfoil and curly lead pondweed was cost effective. Over the first four years approximately $500,000 has been spent on the herbicide treatment. The LMCD's AIS Task Force serves as the technical committee for this effort. The 2008 — 2011 treatments have been assessed by the Task Force and the findings were published in a report which was accepted by the LMCD Board. In that report the Task Force recommends developing a comprehensive vegetation management plan for the Lake before continuing with any additional herbicide treatment of the three bays after 2012 or before expanding treatment to other bays. A subcommittee of the Task Force has started to meet on that. At some point the comprehensive plan will be presented to the full Task Force and then to the LMCD Board as well as any other board that needs involvement or review. The LMCD is involved with trying to prevent the introduction of new AIS into the Lake. Watercraft inspections have been conducted since 2002 with that activity becoming more comprehensive each year. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 4 of 14 The goal is to conduct inspections from Memorial Day through Labor Day on Fridays — Sundays and on holidays. The partners in the inspection are the Minnesota Department of Natural Resources (DNR), the MCWD (which has contributed funding the last few years), the Three Rivers Park District (TRPD) and the LMCD. The LMCD Board wants watercraft inspections to continue into 2013. The outstanding question is who should be managing that activity. If the LMCD is going to do that, the intent is to explore other funding sources so that the LMCD budget that has been spent on inspections in the past can be spent on AIS management and prevention programs (possibly including watercraft inspections). The 2013 budget contains a $30,000 line item for that; the same amount budgeted for inspections in 2012. Lake service provider (LSP) training is mandatory. This last year there were two training sessions conducted by the DNR and Minnesota Waters. Over 100 people from this area were trained. A joint press release was published encouraging people to use LSPs that were properly trained. The MCWD is working on a comprehensive AIS plan. A task force and technical advisory committee (TAC) have been established. The LMCD Board Chair is a member of the Task Force. Mr. Nybeck is a member of the TAC. Craig Dawson is the AIS Director for the MCWD. The LMCD is also involved in other non AIS related activities in 2012. They are solar lights, code enforcement and shoreline inventory programs, and water structures (low water, multiple dock license inspections, and public inquiries and complaints). With regard to the 2013 LMCD budget, Mr. Nybeck stated the first draft of the budget went to the Board on April 25 and it was preliminarily approved. On June 13 the Board reviewed and approved the budget. The budget has to be sent to the 14 LMCD member cities by July 1 The total levy is approximately $330,000. Per State law the LMCD can levy up to $469,000. The 2009 total levy was $330,649 and 2013 proposed total levy is $330,604. The 2013 levy reflects a 2.6 percent increase when compared to the 2012 levy. The LMCD has two reserve funds. One is for administration and one is for AIS. There is a third one for equipment replacement for harvesters. The Board's intent is to transfer money into the equipment replacement fund. Shorewood's share of the levy in 2009 was $31,481 and for 2013 it will be $31,671. Mr. Nybeck stated he will now entertain any questions Council may have. Councilmember Woodruff stated when Mark Sylvester, the City's representative to the LMCD, gave a report to Council during its June 11, 2012, meeting no one on Council had seen a copy of the 2013 budget. He asked Mr. Nybeck to characterize the LMCD's perspective on inspections. Is it the Board's intent to keep inspections at previous levels, although they may not be funded at the same level by the LMCD? Mr. Nybeck responded yes. Mr. Nybeck stated that one of the reasons it started inspecting watercraft was to keep zebra mussels out of the Lake. The last few years the LMCD has been trying to also prevent other AIS from being transported into the Lake. The Board is rethinking what amount of funding for the inspections should come from the LMCD. The LMCD Board wants to inspections to continue. Councilmember Siakel stated she is under the impression that the LMCD is considering discontinuing inspections. She asked Mr. Nybeck if they will continue in 2012 and in 2013. Mr. Nybeck responded the Board wants the inspections to continue but it is going to try and find other funding sources for inspections. Siakel stated it is her understanding that funds are allocated for inspections. Mr. Nybeck stated for 2013 the funding is for AIS management for prevention programs. It could be used for inspections or herbicide treatments or a number of other things. How that budget will be used has not been decided. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 5 of 14 Councilmember Woodruff stated for 2012 the LMCD budgeted some amount of money for inspections. There are other monies that are also being used to fund inspections. It is his understanding that for 2013 the Board is assessing the mix of funding for inspections. Mr. Nybeck explained for 2012 the LMCD has authorized up to $30,000 for inspections. The DNR has committed to $7750 toward that effort and the MCWD has committed to $7500 for it. He thought the mix should change for 2013 so the LMCD doesn't spend $30,000 for inspections. Acting Mayor Zerby stated the funding sources all come from the taxpayers. Councilmember Siakel stated AIS is a major problem and most of the LMCD's funding comes from the 14 member cities. If the LMCD levied up to the maximum amount of $469,000 she asked if the LMCD would have enough money to really tackle AIS in the Lake. Councilmember Woodruff suggested putting the cost in the context of what the MCWD, the City and the Christmas Lake Homeowners Association are funding for Christmas Lake inspections. He asked Mr. Nybeck if he had a number. Mr. Nybeck stated he does not. Woodruff stated he heard a figure of a couple of million dollars. Mr. Nybeck stated it would be a very big number because the Lake has many public and private accesses. He noted the LMCD does license and permit marina accesses. Councilmember Siakel stated this is not just a 14 member city problem or a Lake problem. It is a DNR issue. It needs to be explored much broader than just by the member cities. Mr. Nybeck stated if the decision were made to levy the maximum the LMCD is allowed, the question becomes how much difference that additional $140,000 makes. Councilmember Siakel asked if the LMCD is going to push more towards harvesting or herbicide treatment. Mr. Nybeck responded both at this point. He then stated there has been discussion about controlling milfoil with weevils. Acting Mayor Zerby stated he does not see anything in the budget for herbicide treatment in the last five years. Mr. Nybeck stated the treatment was funded entirely by Save - the -Lake which is basically a supplemental funding source which comes from donations. For Carman, Grays and Phelps bay Save -the- Lake funded 25 percent of the cost of herbicide treatment for the last four years or $10,000 whichever is less. Zerby then stated it appears that Save - the -Lake money does not flow through the LMCD's budget. Yet, the LMCD takes credit as an organization for helping fund the herbicide treatment. Mr. Nybeck explained the LMCD manages Save - the -Lake. Zerby asked if Save - the -Lake has its own board. Mr. Nybeck stated it does not. Councilmember Woodruff stated the Save - the -Lake fund does have a committee that manages it and they are members of the LMCD. Anything the Committee does has to be approved by the LMCD Board. Zerby stated that when looking at the total budget it looks like there is approximately $456,000 in administration costs and approximately $125,000 for AIS expenditures. That equates to approximately 28 percent of the total budget being spent on AIS. He then stated when he contributes to an organization he assesses what percent of the funds are spent on administering the program and executing the program. The amount spent on the AIS issue seems to be relatively low. He went on to state the budget reflects a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 6 of 14 $25,000 transfer into an equipment replacement fund and he assumes that is to start to save for the next purchase of a replacement harvester. Zerby noted that he doesn't see the same level of scrutiny being applied to the harvesting program that is being applied to the herbicide treatment program. The herbicide program is a 5 -year test that some will argue was scientific and others will argue it was not. Then there was discussion on the outcome. He has not seen that same level of scrutiny applied to the harvesting program. He commented that he knows he has to mow his lawn every week but if he puts Roundup on it the grass is gone for a long time. He questioned how effective the harvesting program is. Mr. Nybeck stated that scrutiny will partly come through the comprehensive plan. The people developing the plan are professionals from the MCWD, DNR, TRPD and LMA. There had discussion about harvesters, herbicide treatment and various management approaches last November. Acting Mayor Zerby stated zebra mussels appear to have lit a fire under people and that has gotten more attention. The herbicide demonstration project is in its fifth year and the harvesting program has been around for more than 20 years. He asked why the harvesting program has not had a comparison. Councilmember Siakel stated she would be more comfortable approving a budget if there was a comprehensive management plan in place for AIS. She then stated City has tried to keep its budget flat and be responsible and she expects that of the LMCD as well. Mr. Nybeck stated the City's representative communicated that. Acting Mayor Zerby thanked Mr. Nybeck for coming this evening. 7. PARKS A. Report on the June 12, 2012, Park Commission Meeting Commissioner Edmonson reported on matters considered and actions taken at the June 12, 2012, Park Commission meeting (as detailed in the minutes of that meeting). B. Steven Kircher, Eagle Scout Project Acting Mayor Zerby stated Steven Kircher, an Eagle Scout candidate, is present to talk about the Eagle Scout project he proposes doing for the City. Mr. Kircher reviewed guidelines for Eagle Scout projects. He said the impact / product are more important than the number of hours the project takes. His advisor recommends his project take over 200 hours. Scouts in his troop typically spend 200 — 400 hours on a project. The hours are the combined labor of all involved. Generally approximately the same amount of time is spent planning for the project as executing the tasks. The goal of an Eagle Scout project is about equal parts of demonstrating leadership abilities and providing service. The outcome of the project must benefit the community. His proposed message boards would satisfy that goal. Mr. Kircher provided an overview of his proposed project. He proposes building 4 — 7 message boards to be located in the City -owned parks (Badger, Manor, Silverwood, Cathcart, Skate Park and two in Freeman). He highlighted some location options he has considered. He also proposes building a Little Free Library (LFL) structure and it would be located near the message board in Badger Park. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 7 of 14 explained the structure would be an ornate housing for books. It is an honor system book exchange. A person can take or leave a book at the site. Knowledge of this LFL would probably be spread by word of mouth. It can be registered at www.littlefreelibLM.org Instructions about how the LFL works could either be included on the LFL structure or on the message board. The LFL would add community value by promoting education and reading. Mr. Kircher stated the message boards can be constructed with a down - scaled design of the one at the Christmas Lake boat launch. He explained the message board dimensions will be 3 feet by 3 feet. They will have a roof on the top and/or a plastic overlay. The simple plywood used to construct them could be stained, painted or left unfinished. He stated the City needs to decide where it wants the message boards located in the Parks. His project includes digging holes and cementing the message boards and putting the LFL in place. He estimates that could occur over 2 — 3 weekends. Mr. Kircher reviewed the materials that will be used. They include: 12 -foot boards cut into 3 -foot segments; 4 x 4 posts; glass or plastic casing, hinges, handles, etc.; screws, bolts, washers, etc.; paint and/or stain; concrete and mix; and, an auger or post hole digger. Mr. Kircher stated he can involve anyone in is project. He will mainly have scout help and adult leaders from his troop. He can also involve friends, family and other Eagle Scouts who he helped on their projects. Any volunteers can help provided he remains responsible for leading and conducting the project. Should someone from the City become involved with the project he is still responsible for providing the leadership. The City could participate in selecting locations, reviewing the design of the message boards and LFL, and providing tools such as a post hold digger or auger for use. Mr. Kircher explained he can develop the details and execute the plan independent of the City. The City has to sign an agreement allowing him to do the project before it can be started. He will seek approval on specific items, such as locations, from City Staff. He noted that donations would help defray the cost of the project. He stated other Eagle Scout candidates have received donations from places such as Home Depot. He noted that the City does not have to help fund the project but if it is willing to do so the City has to acknowledge that it was not required to do that. Any funding could help pay for materials. Mr. Kircher stated his project has to be completed prior to October 13, 2012, (his eighteenth birthday). He prefers to have it done by the end of July because he has some other commitments. After he obtains approval from the City to do the project he must meet with and obtain approval from scout district officials. He hopes to complete the project over 2 — 3 weekends. Mr. Kircher thanked the City for considering his project. Acting Mayor Zerby stated he thought Mr. Kircher's project sounds wonderful. He expressed his appreciation to Mr. Kircher for working with Staff and the Park Commission on this. In response to a comment from Acting Mayor Zerby, Director Nielsen explained the specific locations for the message boards have not been identified. The ones identified by Mr. Kircher are pretty much the same as the locations identified by Staff. For example, locating the one in Badger Park by the shelter is good. Staff is not in favor of locating one by Eddy Station in Freeman Park. Staff would prefer to locate it between the parking lot and Eddy Station. Staff will work with Mr. Kircher on determining locations. Councilmember Woodruff suggested Staff and Mr. Kircher work on finalizing the specifications as well as clarifying what Mr. Kircher is responsible for and what the City is responsible for. He stated the memorandum from Staff suggests the City provide funding for City to purchase materials for three CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 8 of 14 message boards. He then stated there appears to be some consensus that message boards would be a good idea. The LFL should be considered an experiment. Councilmember Hotvet stated the proposed project is great and Mr. Kircher did a very nice job of presenting his information. She noted there is a LFL along the trail between Navarre and Wayzata. Acting Mayor Zerby noted that Staff is proposing building and installing three message boards to start with and having the City obtain the necessary materials for construction for an amount not to exceed $375. Councilmember Woodruff stated he understands Mr. Kircher to be offering to build seven message boards. Mr. Kircher stated as soon as there is an understanding of how best to build one it won't be much more difficult to build seven as opposed to just three. Woodruff stated he wants to set the target at seven. Siakel moved, Woodruff seconded, approving the proposal by Eagle Scout Candidate Mr. Kircher to build and install seven message boards and one LFL with the City supplying up to $900 in materials. Councilmember Woodruff suggested amending the motion to include Mr. Kircher will work with Staff to finalize the design of the message boards. Without objection from the maker of the motion, the motion was amended to direct Mr. Kircher to work with Staff to finalize the design of the message boards. Motion passed 4/0. Interim Administrator/Director Brown complimented Mr. Kircher for addressing all of the planning aspects and logistics of his project rather than relying too much on City Staff to assist with those things. 8. PLANNING A. 7:00 P.M. PUBLIC HEARING — FRONT YARD SETBACK VARIANCE Applicants: Mark and Amy Wagner Location: 27785 Island View Road Director Nielsen explained Mark and Amy Wagner own the property at 27785 Island View Road. They propose to convert their existing two -car garage into additional living space for their home and then add a new two -car garage in front of that. Island View Road is a private road and it sits on private property. When Island View Road was originally platted a half cul -de -sac was platted. The cul -de -sac was never built. It exists as what the City calls a paper street or paper cul -de -sac. It is not a good location for a cul- de -sac if someone ever wanted to build one. Building one at the westerly end of Island View Road would be a much better option. If Island View Road were a City street Staff would likely recommend vacating where the cul -de -sac was platted. Nielsen then explained the Wagner's requested a setback variance to build the new garage closer than 50 feet from the easement for the street. The land Island View Road sits on is only 36.5 feet wide. The cul- de -sac is basically a bubble off of that. What the applicants are proposing is more than 50 feet away from the straighter portion of the roadway. The difficulty the applicants have encountered is the paper cul -de- sac creates additional setback. He highlighted the site survey, a drawing of the proposed floor plan, drawings of building elevations and an aerial photograph. He noted the location of the new proposed garage will be in line with the placement of homes along Island View Road. Nielsen noted the Planning Commission held a public hearing on this request during its June 5, 2012, meeting. He stated the application complies with the variance standard. During the public hearing the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 9 of 14 Commission reviewed how it complies with the criteria for approving a setback variance. He noted the variance standard is now practical difficulty versus hardship. He also noted that the Planning Commission did recommend approval of the setback variance. The meeting packet contains a copy of a resolution approving the setback variance. Nielsen stated the applicants and their builder are present this evening. Mark Wagner, one of the applicants stated he and his wife thank Council for its time and consideration. He then stated they are new to the City and are very willing to make a long term commitment to the community. He went on to state they are willing to answer any questions Council may have. Councilmember Hotvet stated she was the Council Liaison at the meeting when the public hearing was held. She noted that during the meeting a neighbor expressed her support for granting the request. Councilmember Siakel welcomed the Wagners to Shorewood. She stated she thought the variance setback makes sense. Councilmember Woodruff stated because the applicants propose converting the existing garage into living space he asked if it no longer counts as accessory space. Director Nielsen stated it does become living space and by virtue it allows the applicants to build more. Woodruff stated he thought granting the request makes a lot of sense. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 12 -045 "A Resolution Approving a Setback Variance for Mark and Amy Wagner, 27785 Island View Road." Motion passed 5/0. Acting Mayor Zerby wished the Wagners well with their project. B. Smithtown Crossing Redevelopment Study Third Draft Director Nielsen stated on June 11, 2012, Council and the Planning Commission met in a joint session. During that meeting a third draft of the Smithtown Crossing Redevelopment Study Report was reviewed. There was consensus that the Study Report was ready to be presented to the public again. There was agreement to place a copy of the Study Report on the City's website for the entire month of July as a comment period. The comments received from people will also be placed on the website for others to see. Acting Mayor Zerby stated he assumes that the Communications Coordinator will send out information as well in the electronic newsletter. Director Nielsen stated that is correct. Nielsen noted that a specific notice will be mailed to the same mailing list as for the previous public hearing and neighborhood meeting. Acting Mayor Zerby asked if the Study Report on the website will be a PDF version so people can print it if they want to. Director Nielsen stated that had not been discussed but the request is duly noted. Hotvet moved, Woodruff seconded, directing Staff to publish the third draft of the Smithtown Crossing Redevelopment Study Report on the City's website and mail notices to residents within 1000 feet of the project advising them of the availability of the Report, approving the minor costs for associated copying and mailing, and accepting the recommendations of Staff. Motion passed 4/0. Acting Mayor Zerby thanked Director Nielsen for bringing this before Council again and for his efforts to make sure it is communicated to the residents. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 10 of 14 9. ENGINEERING/PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. Approve Interim City Administrator Contract for Services Interim Administrator/Director Brown stated Council has been provided with a copy of a draft agreement for contract for services for an interim city administrator. It is a basic contract for services. The agreement specifies the hourly rate. When William Joynes interviewed with Council he did provide a range for the hourly rate. The number in the agreement is at the top of the range. There has been discussion that should the City decide to contract with Mr. Joynes firm to assist in the search for a full -time city administrator there may be an amendment to the agreement. He noted if Council approves the agreement Mr. Joynes will start with the City soon. Councilmember Woodruff suggested changing the word Department at the bottom of page two to City. He stated based on his experience on Council, contractors have to carry their own insurance. This contract states the City will carry insurance for the contractor. Attorney Keane stated the contractor will carry insurance as well. Woodruff asked if the League of Minnesota Cities Insurance Trust ( LMCIT) is okay with adding the organization as a co- insurer. Keane stated he has not checked with the LMCIT but he will before this agreement is executed. Woodruff noted that he is okay with it. Councilmember Siakel stated if the City found an ideal candidate for the full -time city administrator position before December 31, 2012, she asked if the City is obligated to contract with Mr. Joynes through December 31 Attorney Keane explained either party can terminate the agreement by providing fourteen days written notice. Acting Mayor Zerby stated that during an executive session Council discussed hiring the person and not the company. The agreement specifies two parties: Mr. Joynes and his company MGA. He asked if that is because of some obligation Mr. Joynes has to that organization. Attorney Keane explained the City is contracting with Mr. Joynes' company and Mr. Joynes is the sole provider of services under this agreement. Zerby stated he understands that to mean the City is contracting with MGA and Mr. Joynes is the sole owner of it. Keane agreed with what Zerby said. Zerby asked if both parties have to be listed. Keane explained the City is contracting with MGA and Joynes if providing the services. Zerby stated there are a couple of references to Joynes. Keane explained in Article VII both are listed to ensure that Mr. Joynes does not characterize this as an employment relationship. Councilmember Siakel asked when Mr. Joynes will start providing services. Interim Administrator/Director Brown stated if the agreement is approved this evening Mr. Joynes will start tomorrow. Siakel moved, Zerby seconded, approving the Contract for Services between the City of Shorewood and Midwest Government Advisors with William Joynes being the sole provider of services commencing June 26, 2012. Motion passed 4/0. B. Zoning Violation for 5795 Country Club Road CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 11 of 14 Director Nielsen explained there has been a second incident of zoning violation by the tenants of the house located next to City Hall. That property is owned by the City of Shorewood. Sometime late in 2011 the City sent a notice advising the tenants they could not operate a car repair and sales operation from that property. The tenants cleaned the property up and removed all of the vehicles that were missing parts. The issue seemed to be resolved. Most recently it has been brought to the City's attention that they are again repairing cars for purposes of resale. He noted the City has not sent out a second zoning violation notice. He stated apparently when they saw the Building Official taking photographs of the property the tenants cleaned the property up again. Nielsen stated this looks pretty bad for the City. The City cites other property owners for zoning violation of this sort. He explained that an administrative penalty is not in order because the City owns the property and any fine would be subject to payment by the owners. Nielsen noted the lease agreement for the property expires at the end of this month. The City has not heard from the rental agent what the tenant propose to do. He stated one of the City's options is to not renew the lease. Another less drastic option is to give the tenants one last chance and perhaps have a month -to -month lease arrangement, with an understanding that any further violation would result in the termination of the lease. Councilmember Hotvet stated she thought the City needs to set a good example. She stated she did not support renewing the lease. Councilmember Woodruff stated neighbors residing along Echo Road have complained to him about this situation. This is something that should not be happening, especially when the property is owned by the City. He then stated he prefers having renters living in the house for a variety of reasons with the least important being monetary. He indicated he was somewhat curious about the fact that the lease is up in five days yet the City has not heard anything about renewing it. His instinct tells him they are not going to renew the lease. He expressed his preference to allow the tenants to resign a lease and then tell them that if they have one violation they will be evicted in 30 days. He noted he does not like month -to -month leases. Attorney Keane clarified the eviction notice would not be in 30 days, it would be the end of the month following the month when the notice was sent. Keane explained that the City would not waive its rights to enforcement terms of the lease because there was the previous unacceptable conduct on the premises. He recommended strengthening the use of the premises provision in the lease agreement. Councilmember Woodruff stated this may solve itself because the tenants may not want to resign the lease. Attorney Keane asked if all zoning violations have been corrected. Director Nielsen responded there are no cars in various states of disrepair out in the open. Councilmember Hotvet stated she believes the City needs to listen to the residents who are following the rules that live around the City's rental property. She noted that neighbors have also complained to her. And, the tenants have already been sent a zoning violation notice. Councilmember Siakel asked how the City would monitor things so this doesn't happen again if the tenants remain in the house. Director Nielsen clarified this last one was not complaint driven. Staff happened to notice they had cars in disrepair out in the open again. Siakel then asked if the tenants pay the rental agency and the agency then pays the City. Nielsen indicated that he thought that is the way it CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 12 of 14 works and that the agency deducts its fee. Councilmember Woodruff stated the agency gets 10 percent of the monthly fee for management of the lease. Director DeJong noted per the agreement the agent can make repairs up to $200 and deduct that from the money it has collected for rent. Councilmember Woodruff stated except for the auto repair business he asked Staff if there anything else going on that the City finds unacceptable. It was noted there is not. Woodruff commented that other than for the auto repairs they have been an okay tenant. Councilmember Siakel stated she would be comfortable with Councilmember Woodruff s earlier recommendation to allow the tenants to resign a lease and then tell them that if they have one violation they will be evicted, provided the lease agreement contains strong language about the ramifications of future violations. Woodruff moved, Siakel seconded, directing Staff to work with the City Attorney to strengthen the use of the premises provision in the lease agreement and include that this type of zoning violation is cause to terminate the lease agreement for cause, and that the tenants be allowed to resign a one - year lease should the tenants want to do that. Director DeJong asked if Council wants to consider a different rental payment amount. Council could direct Staff to research if an increase in the current amount is warranted. Councilmember Woodruff stated that although that is a good idea he is not sure how that can market analysis can be accomplished prior to the lease ending on June 30 and having Council approve a new amount. DeJong explained that the terms of the lease state if the lease is not terminated by either property it will continue on a month -to -month basis. Therefore, the City is already committed to rent to them for the month of July with the existing terms of the lease. Without objection by the seconder, the maker of the motion amended it to direct Staff to conduct a market analysis to determine what the rental rate should be for the property and have that available for consideration during Council's July 9, 2012, meeting. Motion passed 311 with Hotvet dissenting. C. Accept Plans and Specifications and Authorize Advertisement of Bids for Lift Stations 5 and 6 This item was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff asked if the rehabilitation of Lift Stations 5 and 6 includes the installation of the SCADA system similar to what has been done in the past. Interim Administrator/Director Brown stated it does not. Council will see that under separate contract. He explained SCADA stands for Superior Control and Data Acquisition. The equipment is all computer controlled. Councilmember Woodruff stated Direction needs to be changed to Director in the second WHEREAS in the resolution. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 12 -044 "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for 2012 Lift Stations 5 and 6 Rehabilitation Project, City Project 12 -06." Motion passed 4/0.' CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 13 of 14 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Organics recycling Pilot Program Update Acting Mayor Zerby noted the meeting packet contains a copy of a memorandum from the City Communications / Recycling Coordinating about the Organics Collection Pilot Program the City is conducting. 2. Monthly Financial Report Acting Mayor Zerby noted the meeting packet contains a copy of the May 2012 Monthly Budget Report. Other Engineer Landini stated he did hold a meeting about a tree restoration project along Shorewood Lane. Seven property owners attended the meeting. He is continuing to meet with property owners where easements are still needed. Interim Administrator/Director Brown stated he and Mayor Liz& attended a South Lake Minnetonka Coordinating Committee (SLMPD) work session about the 2013 SLMPD budget. SLMPD Chief Litsey has emailed out a link to the budget information that has been placed on the SLMPD's website. He will forward that link to Council tomorrow. He then stated the SLMPD Community Service Supervisor (CSO) Hohertz and SLMPD Lieutenant Pierson have written a draft of a common animal control ordinance for the SLMPD member cities and they have asked the member cities to consider such an ordinance. The SLMPD believes a uniform ordinance will be much easier to administer and enforce. B. Mayor and City Council Councilmember Woodruff stated the herbicide treatment of Eurasian Watermilfoil (milfoil) in a portion of Phelps Bay was done on June 22 Based on past treatments he expects it will kill a lot of milfoil. He noted Carman and Grays Bays were treated two weeks ago. Acting Mayor Zerby stated he attended a Lake Minnetonka Communications Commission (LMCC) Executive Committee meeting the previous week. The LMCC continues to with Mediacom to get channel lineup information out to the public. The LMCC is also testing the services. He then stated one of the activities planned for the Fourth of July is an acrobatic flyer who will fly over of Gideon Bay in Lake Minnetonka towards the City of Deephaven. Part of Shorewood and Deephaven will be affected. Boat traffic will be restricted in some areas on the Lake starting around 8:00 P.M. and lasting until the air show is over. The air show requires a vacant strip of space for safety reasons. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 25, 2012 Page 14 of 14 13. ADJOURN Councilmember Siakel moved, Woodruff seconded, Adjourning the City Council Regular Meeting of June 25, 2012, at 8:50 P.M. to Executive Session to discuss Employee Performance Evaluation. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder