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09-26-16 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 26, 2016 7;00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, and Woodruff; Attorney Keane; City Administrator Jaynes; City Clerk Panchyshyn; Planning Director Nielsen; and, City Engineer Hornby Absent: Councilmember Sundberg B. Review Agenda Councilmember Siakel asked that Item 10.13 City Administrator Transition Discussion be added to the agenda. Labadie moved, Siakel seconded, approving the agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of September 12, 2016 Woodruff moved, Labadie seconded, Approving the City Council Regular Meeting Minutes of September 12, 2016, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 16 -073, "A Resolution Approving Election Judge Compensation Rates." C. City Administrator Employment Agreement D. City Hall and Public Works LED Lighting Retrofit Councilmember Woodruff noted the City is hiring a full -time city administrator; something Council has talked about during previous meetings. Greg Lerud will start in that capacity on October 31, 2016. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 2 of 10 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS A. Report by Molly Barr on the September 13, 2016, Park Commission Meeting Park Commissioner Barr reported on matters considered and actions taken during the September 13, 2016, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Labadie stated if the City does get a hockey rink ready for the 2016/2017 season she asked if Eddy Station will be a warming house or will it be a warming house and concession stand. Director Nielsen clarified it would just be a free skating rink for the 2016/2017 season and the City will try to have a hockey rink ready for the following season. Nielsen explained the concession area will have to be partitioned off. Eddy Station was built as a warming house. Labadie clarified that it would be a warming house for the upcoming winter season. 8. PLANNING A. Report by Patrick Johnson on the September 20, 2016, Planning Commission meeting. Planning Commissioner Bean reported on matters considered and actions taken at the September 20, 2016, Planning Commission meeting (as detailed in the minutes of that meeting). B. Amendment to City Code Chapter 1004 (Rental Housing) Regarding Short -Term Rental Director Nielsen explained the City has had issues with a couple of rental properties where people are abusing the houses in the residential zoning districts. What has been proposed by staff and recommended by the Planning Commission is to prohibit rentals for less than 30 days. That would eliminate the party- house type situations that have occurred in the City. The less than 30 day restriction amendment would be made to the Housing Code Chapter of the City Code. That will eventually be followed up by an amendment to the Zoning Chapter. The amendment also includes the addition of some definitions and revisions to others. The Planning Commission wants to consider exceptions to that rental restriction for when are there are events like the Ryder Cup held in the metro area. Nielsen noted Councilmember Woodruff asked that the word lessor be added to the definition of operator. Councilmember Woodruff stated he thought the proposed amendment is very appropriate. He noted that he is aware of a lot of communities around the country that do not allow rentals for less than 30 days. He encouraged the Planning Commission to consider the special event exception language. Councilmember Labadie noted she supports the amendment. She stated that when the Planning Commission considers exception language she suggested it discus the requirement for obtaining a permit for an exception rental. Councilmember Siakel noted the Planning Commission had discussed that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 . Page 3 of 10 Siakel moved, Woodruff seconded, Approving ORDINANCE NO. 533 "An Ordinance Amending the Shorewood Rental Housing Code as it Pertains to Shor -Term Rental of Property" subject to adding lessor to the definition for operator, and Adopting RESOLUTION NO. 16 -074, "A Resolution Approving Publication of Ordinance 533 by Title and Summary." Mayor Zerby agrees the City needs the amendment because the City does not have the resources to monitor short -term rentals. He encouraged Director Hornby to work with the Communications Coordinator to ensure that the restriction is communicated to the residents. He asked that residents be told that the ordinance amendment will be enforced on a complaints basis. He then asked what the penalty would be for someone who rents out a house for a weekend after the amendment goes into effect. Director Nielsen explained it would be an administrative penalty first and it could ultimately be pursued as a misdemeanor. Attorney Keane stated the fine for a misdemeanor could be up to $1,000 and a person could be thrown in jail for up to 30 days. Councilmember Woodruff stated the communication about the rental restriction should be communicated to the residents often. He then stated he thought the first fine in the administrative enforcement process is a very small amount. He suggested the fine amount be reviewed for short -term rental violations because of the amount of money people can make renting their properties. Motion passed 4/0. C. Conditional Use Permit for Accessory Space Over 1200 Square Feet Applicant: Mark Magney Location: 21195 Radisson Road Director Nielsen explained Mark Magney owns the property located at 21195 Radisson Road. Mr. Magney has applied for a conditional use permit (C.U.P.) to construct accessory space in excess of 1200 square feet on the property. He recently remodeled his existing home and added a new attached garage. He had originally considered removing his shed but has since decided to keep it. The new garage, in addition to an existing detached garage and an existing shed, bring the total amount of accessory space to over 1200 (1258) square feet of floor area; hence the need for the C.U.P. Nielsen noted the Planning Commission held a public hearing on the request and it unanimously recommended granting the C.U.P. Woodruff moved, Labadie seconded, Adopting RESOLUTION NO. 16 -075, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Mark Magney, 21195 Radisson Road." Motion passed 4/0. D. Conditional Use Permit for a Special Home Occupation Permit Applicant: Patricia Oys Location: 5825 Brentridge Drive Director Nielsen explained Ms. Patricia Oys owns the property located at 5825 Brentridge Drive. The property is located in the R -1C, Single - Family Residential zoning district. Ms. Oys normally teaches one - on -one Pilates classes in her home. Teaching one student at a time would qualify as a limited home occupation; no permit is required for that. Occasionally she may have two students at once; she has a mother and daughter taking her class. When she learned that teaching more than one client at a time required that she obtain a special home occupation permit pursuant to Section 1201.03 Subd. 12 of the Shorewood Zoning Code she applied for one. A special home occupation permit requires approval of a conditional use permit (C.U.P.). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 4 of 10 Nielsen noted the Planning Commission recommend approval of the C.U.P. subject to the conditions that any client parking be limited to the existing driveway, that clients' cars must be parked no closer than 25 feet from the edge of the street, and that the number of clients at the property at any one time be limited to four. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 16 -076, "A Resolution Granting a Conditional Use Permit for a Special Home Occupation Permit to Patricia Oys, 5825 Brentridge Road." Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Accept Proposal for Professional Services — Lilac Lane Drainage Study Engineer Hornby explained that during its September 12, 2016, meeting Council heard from the owner of the property located at 21710 Lilac Lane and Director Brown about a drainage issue at that property. During the meeting Council directed staff to prepare a scope of services and professional service proposal for a project to do a drainage study to determine what would have to be done to help mitigate that issue. WSB & Associates has submitted such proposal. Many Shorewood roadways are rural roadways which mean they do not have curb and gutter. Therefore, the stormwater flows over the surface through ditches and culverts. Lilac Lane is a rural roadway. There are many drainage concerns similar to this one throughout the City. Staff is concerned that if Council approves the study for this drainage concern that studies would have to be done for many of the other similar drainage concerns. Hornby noted the total fee is estimated at an hourly cost reimbursement basis in the amount of $8,300. Staff is asking Council to accept the proposal as presented or to reject the proposal and provide staff with other direction. Councilmember Labadie stated there may be other similar drainage concerns in the City but they are not identical because for this particular concern a lot of the drainage flowing down Lilac Lane and on to the subject property is coming from the City of Chanhassen. She asked if it would be prudent to ask Chanhassen if it would consider paying for a portion of mitigation solution. She noted the property owner had indicated he would be willing to pay a portion of the cost of a solution. Director Nielsen noted that when the existing house on the property was built people were advised not to locate the driveway in the spot it is in. He stated from a policy standpoint there are 100 similar situations. Mayor Zerby clarified the current owner of the property had told him he had bought the existing home; he did not build it. Director Nielsen confirmed that the current owner inherited the problem and stated there was not a lot of new development in the area after the house was built. Councilmember Siakel asked staff if there is an understanding of what the fix to the drainage problem is. She stated she would consider spending the $8,300 if there was a clear understanding of what the fix is. Engineer Hornby stated based on the photographs Director Brown had provided he thought a fix may involve cutting a Swale from the culvert down around the house in order to keep the water away from the house and driveway. That may result in some loss of trees. That is something the property owner could do. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 5 of 10 Councilmember Labadie asked if the property file contains documentation that the City advised the then property owner not to locate the driveway where they did. Director Hornby stated he does not know; he had just spoken to the Building Inspector about that. Mayor Zerby stated the current property owner asked why the City would let the then property owner locate the driveway where it is. He noted a lot of the water the property takes on is from a large area around the property including from Chanhassen. Councilmember Woodruff asked if this problem is identified in the City's Surface Water Management Plan. Engineer Hornby stated he does not know. Woodruff asked staff to provide Council with a list of those types of drainage issues in the City. Woodruff noted that he does not Like the fact that the City is contributing to an erosion problem on private property. There had been a situation in the past when the City took a lot of action to fix a problem where stormwater was flowing on to a property from throughout the neighborhood. Councilmember Siakel asked if that is the case for this Lilac Lane property. Engineer Hornby noted that exact situation happens throughout the City. Mayor Zerby stated he does not think it would be possible to address all of those situations at once. They should be considered one at a time. Woodruff stated if the City has the study done it may be possible that the City would determine that it is up to the property owner to fix the problem. Councilmember Siakel stated the City needs to have a policy and consistently apply it. Councilmember Labadie stated she is concerned if there are really about 100 other properties in the City with similar drainage issues. Director Nielsen explained the City's Comprehensive (Comp) Plan talks about the number of people affected by a problem and when a problem becomes a public problem versus a private problem. He thought this problem is a private problem. Mayor Zerby disagreed. Nielsen stated it becomes a public problem if it impacts several properties. If a property owner chose to put the driveway in a problem location it is their problem. Councilmember Woodruff stated there is a difference between a private problem with a private cause and a private problem with a public cause. If it is a public cause, whether it by Shorewood or Chanhassen or combination of them, he thought the City has a responsibility to at least do some analysis. He asked what roadway improvements are scheduled for Lilac Lane. He stated the information from the proposed study could impact what improvements would be made to the roadway because the City typically considers stormwater issues when it makes roadway improvements. Engineer Hornby stated he thought the only improvements in the foreseeable future are a mill and overlay. Woodruff stated the City may want to reconsider that based on the finding from the study. Engineer Hornby explained there were a couple of mill and overlay projects where an attempt was made to mitigate some drainage issues. One was an issue like this where the driveway was located at the low point of the roadway and stormwater from the entire neighborhood flowed down there. An attempt was made to have more of the stormwater to flow into a ditch. He noted that for this Lilac Lane issue there is some terrain that could help with rerouting the flow of stormwater. Councilmember Woodruff stated when Council first discussed this issue he had asked about whether or not the City owned a specific property on the contour map and Director Brown indicated he did not know. He then stated he thought the study would provide the City with valuable information. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 6 of 10 Councilmember Siakel stated that although she is concerned about this particular issue having the City fix it could result in similar requests throughout the City and the City cannot afford to do that. She noted that she could support including some mitigation as part of a roadway reconstruction. She stated at this time she considers the problem as a private problem. Councilmember Woodruff asked when a mill and overlay is scheduled to be done to Lilac Lane. Mayor Zerby noted he shares Councilmember Woodruff's concern about a public cause negatively impacting a private property. He also noted he was sympathetic to the property owner's situation. The property owner is not responsible for the problem. The problem existed before he purchased the property. He stated he thought it would be valuable to find out the cause and potential mitigation solutions. Zerby moved, Woodruff seconded, accepting the professional services proposal from WSB & Associates to prepare a feasibility letter and preliminary design for the Lilac Lane Drainage Study for an estimated cost of $8,000." Councilmember Labadie stated she was not comfortable voting in support of this until Council knows what the schedule is for making improvements to Lilac Lane. Before authoring the expenditure she also would like to have staff approach Chanhassen about sharing in the cost. She clarified she was not saying she would never support doing the study. But, she wants more information before giving her support to doing so. Engineer Hornby stated the mill and overlay of Lilac Lane is not scheduled in the next two years. Mayor Zerby stated lie thought that if the vote is tied that the mayor's vote is a tiebreaker vote. Attorney Keane clarified the major has the tiebreaker vote for very limited decisions (e.g.; the appointment of an empty Council seat). On routine matters each member of council has one vote. Zerby thanked Keane for his clarification. Motion failed 2/2 with Labadie and Siakel dissenting. Councilmember Labadie asked that this item be put back on the agenda after staff has had an opportunity to approach Chanhassen about sharing in the cost. Councilmember Siakel asked if an engineering study needs to be done before digging a culvert and is that part of the proposed study. She then asked if there is a short-term solution that could be implemented to mitigate the problem until the roadway is reconstructed. Engineer Hornby explained if a study is eventually done a quick drainage model would be prepared to determine what stormwater is coming from the south side of the roadway and from off of the roadway. There is quite a bit of water from Shorewood that also flows to the low point of the roadway. That model would aid in determining what the size of the culvert should be. He then explained there is a wetland to the north east of the 21710 Lilac Lane property that is partially owned by Shorewood. The contours indicate that the water currently flows across another property and any proposal would have to insure that would not be intensified by any changes. Councilmember Labadie asked if there are two private properties impacted by the drainage problem. Engineer Hornby confirmed that. Labadie asked if that changes the problem to being a public problem. Director Nielsen clarified it is not damaging the other property; the stormwater is just flowing across it. Hornby noted there is an existing ravine that the water flows through and then into the wetland. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 7 of 10 Engineer Hornby stated he would try to bring this back for Council's next meeting. B. Accept Bids and Award Contract for the 2016 Trunk Watermain Extension Project (Oppidan), City Project 16 -04 Engineer Hornby explained the City opened bids for the 2016 Trunk Watermain Extension Project on September 15, 2016. Seven bids were received. The project will extend watermain from the intersection of Yellowstone Trail and Minnetonka Drive to the Oppidan's Shorewood Landing Senior Living facility that will be located at 6000 Chaska Road. The meeting packet contains a copy of the bid tabulation prepared by WSB & Associates. The lowest responsible bid was received from Widmer Construction LLC for an amount of $1,102,856.13. It is a unit bid project which means the contractor will be paid for the actual number of units installed. The Engineer's estimate was $1,245,645.00. Hornby noted staff recommends Council adopt the resolution accepting bids and awarding the contract for the project to the lowest responsible bidder. Councilmember Woodruff asked if the City has done business with Widmer Construction before. Engineer Hornby responded for decades. Woodruff then asked if the bid includes restoring the roadway. Hornby clarified it includes all restoration. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 16 -077, "A Resolution Accepting Bids and Awarding Contract for the 2016 Trunk Watermain Improvement Project, City Project No. 16 -04 to Widmer Construction LLC for a bid amount of $1,102,856.13." Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Minnesota Pollution Control Agency's Water Quality Standards Councilmember Woodruff stated based on what he knows the City has not been part of any discussions with representatives from the Minnesota Pollution Control Agency (MCPA) regarding plans to formally classify Silver Lake as a shallow lake or a wetland. Staff has been asked to contact MPCA representatives to find out when the City would be able to provide some input on the classification of and standards for the Lake before the MPCA finalizes the classification. Mayor Zerby stated he thought it is important for City representatives to participate in that process. The residents living in that area have made their concerns known to Council. Administrator Joynes explained that to do that analysis and to make it as independent as possible will require staff to do some site visits and some independent scientific analysis. It entails more than just speaking with the MPCA. Council needs to authorize spending the money to do that. If Council wants him to he will ask Engineer Hornby to submit a quote for doing that analysis for Council's consideration. Councilmember Woodruff stated he would like to understand the process; who is involved and whether or not the City gets to participate. As that is being figured out staff should also gain an understanding of what staff needs to do to help Council make an informed decision. Councilmember Labadie stated when Dr. Clair Bleser, District Administrator for the Riley Purgatory Bluff Watershed District (RPBCWD), spoke to Council during its September 12, 2016, meeting there was some confusion about the City's involvement. She would like that to be clarified. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 8 of 10 Engineer Hornby explained that over the last month he had been reading some MPCA correspondence. There has been some thought that the MPCA was considering formally classifying Silver Lake by September 30, 2016. The September 30 comment deadline is for the TMDL (total maximum daily load) requirements list and Silver Lake is not on that list for 2014. It was not on the 2012 list either. The MPCA puts out a list every two years of water bodies that may qualify for funding. He stated if the MPCA classifies the Lake as a wetland there are funding resources for improving degraded wetlands. He noted that he has had WSB staff look into this and will continue to do so if that is what Council wants. Mayor Zerby stated he thought that is what Council wants at this time. Councilmember Woodruff stated there have not been any TMDL requirements set for Silver Lake to date as a lake. The MPCA has not yet established any wetland water quality standards. If the MPCA were to classify the Lake as a wetland there would be no standards for it. He noted that personally he does not want Silver Lake to be classified as a wetland. He stated he would like to understand why a wetland classification might or might not be a benefit to the City. B. City Administrator Transition Discussion Councilmember Siakel explained the new city administrator will start on October 31, 2016. Council has discussed for quite some time the need to have some overlapping coverage with Administrator Joynes and the new administrator. Joynes' current contract with the City contains a provision that allows the City to continue to utilize Joynes' services as needed. She recommended the City do that through December 31, 2016. . Her reason for wanting to do that is to create a situation for the new administrator to be successful. The first priority needs to be people. She thought it is important the new administrator gets off to a good start with staff. There is succession planning that needs to be done. There are few larger housing projects that need attention; projects that Joynes has been involved with. She asked that Council keep Joynes' services at least until the new administrator starts and then retain him on an as needed basis through December 31 for the more complicated projects the City has. Mayor Zerby noted he thought that would be a good idea. He asked Administrator Joynes what his availability is. Administrator Joynes stated planning has been started for somewhat of an orientation period for the new administrator when he arrives on October 31. He plans to be around for two weeks for the new administrator. He would be available on an as needed basis through the end of the year and noted that he does not think he would be needed after that. He would be willing to extend his contract for on an as needed basis. Councilmember Woodruff stated if the end date is set at December 31 it could be extended again if need be. He then stated he wants the new administrator to be made aware that Council supports him using Administrator Jaynes' services as needed. He noted he does not want to be involved in the decision about why Joynes is needed. Mayor Zerby stated Council had previously indicated it wanted there to be some overlapping time. Councilmember Siakel asked if the contract should be extended until the end of the year or for six months to provide services as needed. Administrator Joynes stated the contract could be extended until the end of the year. If as that date is approaching it is apparent that his services are still need he would be open to discussing extending it again. Administrator Joynes noted that he does not intend to be onsite for the new administrator after the first few weeks. He also noted he thought the City hired a good candidate. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 9 of 10 Joynes stated he would be out of the country for about three weeks so he encouraged Council to designate someone as an acting administrator. Woodruff moved, Siakel seconded, designating Clerk Panchyshyn as the Acting City Administrator effective October 6, 2016, and ending on October 30, 2016. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby stated there are a couple of items that need to be completed for the Smithtown Road East Sidewalk Extension project that are dependent on Xcel Energy removing a utility pole. The contractor will finish up a punch list staff has provided and he anticipates those items will be done by the end of October. Other Engineer Hornby stated that at the dais this evening Council found a press release from the U.S. Fish and Wildlife Service stating that it is going to propose the rusty patched bumble bee be classified endangered under the Endangered Species Act. He does not know if that species of bee exists in Shorewood. If Council cares to comment on this it has until November 21 to do so. That could be done individually or as a group. Mayor Zerby stated he does not know why Council would not support this. He noted he would. Administrator Joynes recommended staff solicit feedback from the pollinator group. Councilmember Woodruff asked if there is any downside to doing what is being proposed. Engineer Hornby stated it could potentially reduce the City's ability to build or widen a roadway or build a trail if there is habitat that the bumble bee occupies in that area. That species of bee does have a presence in Minnesota. Mayor Zerby asked Engineer Hornby if he has any information about the CenterPoint Energy project going on along Country Road 19. Engineer Hornby responded he does not. He stated that he assumes CenterPoint is relocating a gas main in anticipation of another Metropolitan Council Environmental Services (MCES) project that would extend a sewer line across Highway 7, up Water Street and to Country Road 19 behind public works. That project would eliminate the lift station located at Galpin Lake Road and Highway 7. Director Nielsen stated Metro Bowhunters Resource Base (MBRB) resources harvested four deer over the first of four deer harvesting weekends. Unfortunately, they were rained out Friday evening and Sunday of that first weekend. Administrator Joynes thanked Council for his opportunity with the City and noted that he will do the best that he can to make the transition to a new administrator as smooth as possible. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2016 Page 10 of 10 Mayor Zerby noted that Council had an opportunity to extend its thanks to Administrator Joynes prior to this meeting. He stated he found it to be a pleasure and honor to work with Joynes. Joynes' vast experience, his calm attitude and his leadership have been valuable to the City. He thanked Joynes for his efforts and presented him with an appreciation gift from Council. B. Mayor and City Council Councilmember Siakel noted that the Excelsior Fire District Open House and Safety Fair is scheduled for October 6 from 5:30 P.M. — 8:00 P.M. Volunteers are needed to help at the event. Mayor Zerby noted the Oktoberfest event is scheduled for Friday, October 7, from 5:30 — 7:30 P.M. and it will be held at the Southshore Center. Councilmember Labadie stated two residents have asked her if the City has a coyote management program; both knew the City contracts out deer and beaver harvesting efforts in selected areas of the City. Director Nielsen stated the coyote issue comes up annually. He explained staff has been advised by the Department of Natural Resources (DNR) representatives and other experts it is very difficult to manage coyotes in urban areas. Harvesting excess deer gets to the coyote population issue to some extent. Places that do coyote eradication do so with poison. Councilmember Siakel stated the police department has a map showing where coyotes have been reported. Mayor Zerby suggested people report coyote sightings to the 911 call center. Councilmember Labadie noted that when students collected insects for a science projects they were not allowed to collect pollinators unless they found a pollinator dead. 12. ADJOURN Woodruff moved, Labadie seconded, Adjourning the City Council Regular Meeting of September 26, 2016, 8:03 P.M. Motion passed 410. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: ebbie Siakel, Acting Mayor J an Panchyshyn, City Cler