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04-26-10 CC Reg MinCITE' OF SHOREWOOD :IT' COUNCIL REGULAR MEETING MONDAY, APRIL 26, 2010 1. CONVENE CITE' COUNCIL REGULAR MEETING Absent: None. B. Review Agenda 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7 ®00 P.M. Mayor Lizee requested Item 9.0 Harding Lane Drainage Update be added to the agenda. She also asked that Item 10.0 Park Commission Appointment be removed from the agenda because the applicant did not show up for their interview with the City Council prior to this meeting. Councilmember Woodruff requested Item 10.1) Inter- Municipal Water Rates be added to the agenda. Woodruff moved, Bailey seconded, approving the agenda as amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, April 12, 2010 Turgeon moved, Zerby seconded, Approving the City Council Work Session Minutes of April 12, 2010, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, April 12, 2010 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of April 12, 2010, as amended in Item 8.A, Page 6, Paragraph 7, Sentence 2 change "baring" to "bearing ". Motion passed 510. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List crry O F SHOREWOOD REGULAR COUNCIL IVtfi ETI G MINUTES April 26, 2010 Page 2 of 13 C. City Code Chapter 106 — Biennial Elections Approving ORDINANCE NO. 465, Amending Chapter rot of the Shorewood City Co '�� '� i° Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Allied Waste Recycling Report by Rich Hirstein, Area Municipal Services Manager Mayor Lizee introduced Rich Hirstein, the Area Municipal Services Manager with Allied Waste, who presented an update on the City's recycling program. Mr. Hirstein thanked Council and Staff for their support. He explained that prior to its current recycling program with Allied Waste the City had a 2 -sort recycling program. Participation in that program dropped to 59 percent of the households in 2009. Mr. Hirstein stated the City implemented a new single -sort recycling program with Allied Waste on January 6, 2010. Allied Waste provided residents with a wheeled cart to throw their recyclable materials. There is a large label on the lid of the cart that lists which things can be recycled and which can not. The new recycling program includes a RecycleBank Rewards Program. Mr. Hirstein explained that in the first quarter of 2010 the City's residents recycled 74.51 tons (or approximately 150,000 pounds) more than in the first quarter of 2009, or approximately 25 tons more per month. Resident participation increased to 85 percent from 59 percent (the state average is less than 50 percent). The colleted recyclable material has contained less than 3 percent solid waste. Mr. Hirstein stated that during the first quarter of 2010 City residents ordered over 766 RecycleBank Rewards. Cub Foods, Coca -Cola, and Holiday Station Stores have been the three biggest redemption Councilmember Turgeon stated she was impressed with the fact that the recyclable material collected from the City's residents contained less than 3 percent solid waste. She expressed her hope that amount could be reduced. Turgeon asked if Shorewood business owners attended the meeting with the Chamber of Commerce, and if so were the businesses encouraged to become Rewards Partners. Mr. Hirstein stated he thought the meeting went well. He explained some businesses signed up right away and others require follow -up. Mayor Lizee explained that members of the Chamber of Commerce were invited to attend. Mr. Hirstein stated it did not cost business owners to be a rewards partner. Mayor Lizee thanked Mr. Hirstein for attending this evening. 7. PARKS Park Commissioner Quinlan reported on matters considered and actions taken at the April 13, 2010, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Turgeon stated the minutes for the April 13, 2010, Park Commission Park Tour state a few oat /barley straw bales should be put into the pond in Manor Park. She asked what the purpose of that would be. Director Brown explained that the Minnehaha Creek Watershed District had previously explained to Staff that an inexpensive trial method to control algae growth would be to put barley straw in the pond; the straw helps destroy the algae. Turgeon asked if it would cause a problem to the SNOUT located in the pond to control water height. Brown explained that would not be an issue. Councilmember Turgeon asked what the status was with the State Health Department regarding installing a drinking fountain in the Skate Park. Director Brown explained that Engineer Landini has been working with the Health Department and received approval to install a gravel pack drain under drinking fountains. In response to a comment from Councilmember Turgeon, Commissioner Quinlan explained that the South Tonka Little League (STLL) has proposed removing the concrete inside the batting cage near field 3 in Freeman Park and constructing three batting cages in the current location and extending the cages to cover the current gravel area closer to the parking lot. The cages would have an agriculture lirne flooring CITE OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 26, 2010 Page 4 of 13 rather than a concrete surface. Director Brown stated SILL, is going to build a framework around an area to store the aglime because STL L, will need that to dress up the areas before practice. Administrator Heck noted STL,L, is working with Director Nielsen on amending the conditional use permit (C.U.P.), and hopefully the C.U.P. request will be on a Council agenda toward the end of May. Councilmember Turgeon asked if a chain has been installed to keep motorized vehicles from going from the south end to the north end of trail. Director Brown explained the City is not allowed to do that. The posts at the trail have to be spaced wide enough to allow for emergency vehicles to enter. A. Approval of r: Mayor L,izee noted that Building Inspector Pazandak, the project manager for the Manor Park Shelter project, is present to answer any questions Council may have about the project. Woodruff moved, Zerby seconded, approving the plans, specifications and estimates for the Manor Bark Shelter and directing Staff to proceed with the project. Councilmember Bailey stated he assumed there aren't any changes since the last time Council discussed this project. Building Inspector Pazandak reminded Council that this project is almost like a design /build project. For example, the plumber that will likely be doing the plumbing work for the project suggested rearranging the location of a few things and that would allow him to lower his bid. He explained that it may be possible to change to a 10 inch beam from a 12 inch beam to provide a little more headroom on the side. If that were to change, it may require a shorter beam. He stated the recommended changes stay within the concept of the plan. He explained Staff will keep Council informed of pricing. Administrator Heck stated the footprint is the same as what was proposed before. He then stated if there are any major changes to the cost Staff will bring that before the Park Commission and Council. Motion passed 5/0. B. Community Garden Administrator Heck stated in late 2009, Council approved the guidelines and registration form for the 2010 community garden project. The guidelines outlined the requirements and the responsibilities for the ten rental plots. He explained he received an email from Councilmember Turgeon asking for a report on what did and didn't work well with the demonstration garden in 2009, and what changes have been made to correct the problem areas. He thought the biggest issues were communications and unclear expectations by the community gardeners and believed the issues are resolved following a meeting with the gardeners. He explained it cost $30 for a resident to rent an eight foot by ten foot plot, and $45 for a nonresident. The City is responsible for tilling the plots, providing some hay bales and providing rain barrels. Beyond that, the City is not responsible for any other aspect of the garden except for Public Works staff checking to see if there is water in the rain barrels as part of a regular route. If they are empty, staff will fill the barrels when time permits. The two individuals that were involved with the 2009 demonstration garden are planning to continue the gardening classes. He noted that the Park Commission is in favor of the rental plots. Councilmember Turgeon stated she didn't recollect that the City had agreed to provide hay bales. She asked how many of the ten plots had been rented and if they were rented to residents. Park Coordinator Anderson responded all have been rented to residents. Anderson stated the signup period opens for 8. PLANNING Planning Commissioner Vilett reported on matters considered and actions taken at the April 20, 2010, Planning Commission meeting (as detailed in the minutes of that meeting). She noted there was lengthy discussion about the proposed amendment to the City Code regarding by -laws for the Planning Commission. In particular, it was about a statement that Council could remove a Planning Commissioner "for just cause ". She stated from her vantage point Council should have the right to remove Commissioners being it appoints the Commissioners. Councilmember Turgeon, the Council liaison to that meeting, stated she understood some of the Commissioners wanted to have the criteria for cause found in the Personnel Policy Manual modified to reflect volunteer commissioners and be included in the Ordinance. They thought removing "for just cause" could end up meaning at the whim of the Council. Councilmember Turgeon stated commissioners are not appointed because of their political persuasion, they are appointed as an independent recommending body. Councilmember Zerby stated he is not convinced that is always true, and he did not think that was an agreed upon fact. A. Edwards Conditional Use Permit Director Nielsen stated Mary Edwards, the owner of the property at 6170 Ridge Road, proposes to demolish the existing home on the property and build a new one in its place. He explained that because the lot is nonconforming in terms of area for the R -IAS, Single- Family Res idential/Sh ore] and zoning district, she has applied for a conditional use permit (C.U.P.). The lot does not have 40,000 square feet of area, but it does have 28,730 square feet of area, which makes it a buildable lot. The City Ordinance requires nonconforming lots of record to have 70 percent of the area and width requirements of the zoning district they are located in. This lot fulfills that requirement. Nielsen then stated there are three structures on the property with one of them being the existing house. There is also a small, two -car garage, and a shed and deck structure. Both of these structures are nonconforming in terms of required setbacks. The garage has a 65' setback required from the road and it is only 10.3 feet from the edge of the Ridge Road pavement. It is less than three feet from the south property line, where 20 feet minimum is required. Shoreland has a 30 -foot side yard setback in total with CCTV OF SHOR MOOD REGULAR COUNCIL MEETING iSitNtl "ri1S April 26, 2010 Page 6 of 13 no side being less than 10 feet. The shed and deck near Christmas Lake are approximately 14 feet from the water's edge, where 75 feet is required. In addition, the shed is only 8.7 feet from the south lot line where 20 feet is required. The Zoning Code requires the two accessory structures be moved into the buildable area or removed. Nielsen explained the proposed house complies with the setback requirements of the R -IA /S Zoning District with the exception of the front. The front encroaches approximately five feet into the setback. Nielsen stated Staff and the Planning Commission recommend approval of the C.U.P. subject to Staff recommendations, which include the applicant removing the nonconforming structures. The applicant requested, and the Planning Commission recommended, that the existing garage be allowed to remain on the site during construction and removed no later than two weeks after the issuance of a Certificate of Occupancy. Nielsen then stated Staff would like Council to direct Staff to prepare a resolution for consideration during its next meeting. Staff requests it be allowed to process the building permit for this applicant. Councilmember Turgeon asked if the applicant has to remove the four -foot by eight -foot Landing. Director Nielsen stated if the applicant can salvage a four -foot by eight -foot landing out of the deck structure she can do that. Turgeon moved, Bailey seconded, directing Staff to prepare a resolution approving a conditional use permit for Mary Edwards, the owner of the property at 6170 Ridge Road, subject to the Staff's and Planning Commission's recommendations, allowing the existing garage be allowed to remain on the site during construction and then be removed no later than two weeks after the issuance of a Certificate of Occupancy, allowing the four -foot by eight -foot landing to remain if it can be salvaged, and allowing the applicant to proceed with the building permit process. Motion passed 5/0. B. City Code Amendment — Planning Commission Chapter 201 Director Nielsen stated during its April 12, 2010, meeting Council directed Staff to make revisions to a proposed amendment to the City Code, which would update the by -laws for the Planning Commission. The revisions were routed to the Planning Commission for discussion during the April 20 meeting. The Commission agreed with the changes with the exception of the removal clause. On a 6/1 vote, the Commission voted to recommend a "for cause" provision be kept in the ordinance as it relates to the removal of Commissioners. The Commission recommended the criteria for cause found in the Personnel Policy Manual be modified to reflect volunteer commissioners and be included in the Ordinance. Nielsen then stated the text amendment included in the meeting packet for this meeting includes the changes recommended by Council during its April 12 meeting. This evening Council was provided with an alternative Section 201.03 Subd. 3 Members of Commission Removals which reflects the Planning Commission's recommendation to include a "for cause" provision. Councilmember Woodruff stated based on Commissioner Vilett's comments about the "for cause" provision discussion during the April 20 Planning Commission meeting and Councilmember Turgeon's comments about the meeting, he continues to remain convinced that the text amendment included in the meeting packet is right. He indicated he didn't want to tie future councils' hands when it comes to deciding who a council wants on a commission. A future council should be able to remove a commissioner from their position without cause. He stated he also took issue with some of the "for cause" criterion because of their subjectivity. CITY OF SHOREWOOD REGULAR COUNCIL MEETING M1NUrES April 26, 2016 Page 7 of 13 Councilmember Bailey stated he would be opposed to changing the language to include a "for cause" provision. Just cause provisions are needed for termination of people employed by the City whose livelihood is dependant on Council's rationale actions. He did not think that was needed for volunteer commissioners. He agreed that Council should be able to remove a commissioner from their position without just cause. He noted he would not take such a decision lightly, and he couldn't imagine a situation in which he would make such a decision. Nevertheless, he did think councils should have the right to do that. Bailey then stated he did not think that the reference to the Planning Commission Chair excusing absences needed to be added back to Councils revised Section 201.05 Attendance. He reiterated a statement he made during Council's April 12 meeting that he thought the bar was set low when requiring 50 percent attendance at the Commission's meetings. Councilmember Turgeon stated with regard to the statement "In addition, failure to attend four - consecutive regular meetings without the excuse of the Chair of the Planning Commission shall be considered as formal notice of resignation" the Planning Commission thought Council should consider removing "without the excuse of the Chair of the Planning Commission ". Bailey stated he did not think there was inconsistency. He could envision a commissioner missing four consecutive meetings, for example due to an illness, and the chair excusing that absence. Mayor Lizee and Councilmembers Bailey and Zerby thought that decision should be left up to the Chair. Lizee thought it would be common courtesy for a commissioner to let the chair know of an extended absence. Turgeon thought it should be up to the entire Commission to decide to excuse an extended absence. Woodruff moved, Bailey seconded, Approving ORDINANCE NO. 466 "An Ordinance Amending the Shorewood City Code to Replace Existing Chapter 201 in its Entirety with a Revised Chapter 201 (Planning Commission)" as included in the meeting packet for this meeting, and Adopting RESOLUTION NO. 10 -020 "A Resolution Approving Publication of Ordinance No. 466 by Title and Summary." Councilmember Turgeon stated if Council accepts the by -laws for the Planning Commission then she recommended the by -laws for the Park Commission be consistent with the Planning Commission by- laws. Motion passed 4/1 with Turgeon dissenting. Bailey moved, Woodruff seconded, directing Staff to review the by -laws for the Park Commission and to draft language to conform with the language in the by -laws for the Planning Commission, and to route the draft amendment to the Park Commission for comment. Motion passed 510. C. City Code Amendment — Establishing Zoning Permits Director Nielsen stated Staff has recommended an amendment to the Shorewood Zoning Code establishing a system of zoning permits where the use of building permits is not appropriate. Staff proposes that the following types of projects require a zoning permit in the City: accessory buildings less than 120 square feet in floor area; fences (if a fence is not over 6 feet the Building Code doesn't address it); driveways; temporary signs; sport and tennis courts; patios and sidewalks; retaining walls higher than three feet; and, above - ground fireplaces and cooking facilities, but not including portable appliances. Without a permit process, there is no way to monitor these activities for compliance. Nielsen noted the Planning Commission voted on a 4/2 vote to recommend the Zoning Code amendment for zoning permits. CITY OF SHOREW OD REGULAR COUNCIL, MEETING MINUTES April 26, 2010 Page 8 of 13 Councilmember Bailey asked if the zoning permit for driveways is only for new driveways. Director Nielsen responded it would include replacement driveways as well. He explained if the driveway was too close to a lot line it may have to be moved. Councilmerber Woodruff stated it's his understanding that the two Planning Commissioners who dissented on recommending the amendment expressed concern about "creeping big government ". He indicated he could appreciate their perspective. He questioned how effective the City could be in getting residents to comply with the zoning permit process. With regard to a zoning permit for temporary signs, he asked if a resident would have to get a permit to put up a garage sale sign. Director Nielsen stated garage sale signs are exempt provided a resident doesn't have more than four sales in a year. Woodruff stated he would be more comfortable if temporary signs were not included in the list for zoning permits because everything else on the list is permanent structure. Nielsen stated currently a building permit application is required for temporary signs, but Staff believes that is the wrong application to make. Councilmember Zerby stated he agreed with Councilmember Woodruff s comment regarding the size of government and the burden it places on the City. He questioned how this could be enforced. He stated the $20 permit fee would not cover Staff's time. Director Nielsen stated the Planning Commission recommended the fee be raised to $25. Zerby stated he is not in favor of this zoning permit process. Councilmember Turgeon stated the two Planning Commissioners who dissented thought this would be micromanaging residents. Part of the dissention was about the items listed was not all inclusive. Things such big play areas are not covered. She expressed that she personally doesn't have an issue with including driveways. She stated the current Building Code states sheds less than 100 square feet do not require a zoning permit, yet the State's requirement is for sheds under 120 square feet. Director Nielsen stated the entire proposed list is more restrictive than the State's. Councilmember Turgeon stated she doesn't agree with a lot that is on the list. She then stated it appears this system for zoning permits will ensure people don't encroach on another person's property. This process lets residents know there are rules that must be adhered to. Councilmember Zerby stated there are rules in place today. Director Nielsen stated the rules that pertain to the list of items are already in existence; what's missing is a permit requirement. This item died for lack of a motion. 9. ENGINEERING /PUBLIC WORKS A. Accepting Plans, Specifications and Authorizing Advertisement for Bids for Bituminous Seal Coating of Street in 2010 Engineer Landini read the list of 38 roadways scheduled for bituminous seal coating in 2010. He noted there is $214,400 budgeted for this effort. The bid opening is scheduled for Wednesday May 19, 2010, at 10:00 A.M. Landini explained the resolution included in the meeting packet states the advertisement for bids will be inserted in the Construction Bulletin. Unfortunately, the City received notice on April 22, 2010, that the Construction Bulletin is no longer advertising. If approved, the resolution will be rectified to specify where the advertisement for bids will be published. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 10 -019 "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bide for Bituminous Seal Coat CITE' OF SHOREWOOD REGULAR R COU CIL MEETING MINUTES April 26, 2010 Page 9 of 13 Project 2010" subject to the resolution being amended to include a suitable replacement for the Construction Bulletin. motion passed 5/0. B. bequest for Proposal for Site Civil Work — Lift Station No. 15 and lino. 17 Director Brown stated during its April 12, 2010, meeting Council authorized publication of the request for proposals (RFP) for the Superior Control and Data Acquisition (SCADA) System for the waste water lift stations and the municipal well system. The RFP is for the design and implementation of the base system as well as the design and installation of new lift station control panels for Lift Stations 15 and 17. The rehabilitation of Lift Stations 15 and 17 are programmed into the 2010 Capital Improvement Program (CIP). This evening Council is being asked to authorize publication of the RFP for professional design services for this rehabilitation effort. Proposals will be due at 10:00 A.M. on May 19, 2010. He noted the proposals will be distributed to the City's consultant pool for consideration. Brown reviewed the anticipated schedule for the rehabilitation project. The consultant contract will be awarded on May 24. The bid opening will be on August 23. Construction will begin on August 30. Construction will be completed by October 29. Brown stated that Councilmember Woodruff had via email pointed out that in the Project Areas and Identified Improvements section of the RFP the letters in what should have been "regarded" were transposed. That will be corrected. Based on another comment from Woodruff Staff has changed the Analysis of Service Area subsection to say "... for determining the appropriate design flow for the reconstructed lift stations." Turgeon moved, Zerby seconded, approving the request for proposals for professional design services for Lift Stations 15 and 17 as outlined. Councilmember Zerby asked Director Brown if this RFP contained anything for the new monitoring systems. Brown responded the RFP states the design is to be coordinated with the systems. Councilmember Woodruff stated he thought he read in the RFP that an aggregate parking pad will be put in at Lift Station 15 for maintenance vehicles to park on. He asked Director Brown if that is correct. Brown responded that's correct. Motion passed 5/0. C. Harding Lane Drainage Update Administrator Heck explained the City received an email from Robert and Stacey Michels, 5570 Harding Lane, regarding some of the work the City had done in 2009 with regard to the Harding Lane project. Part of the project was to mitigate drainage problems behind some of the homes along Harding Lane. At the end of the cul -de -sac, there is a stormwater drainage pond. At the start of the project, the pond had miscellaneous fill in it, and someone other than City staff had altered some other structures. The pond was not doing what it was intended to do and that caused drainage problems down stream. As part of the project, the pond was restored to the way it was when it was first created in the late 1980s. The pond now works the way it's supposed to. Heck stated that Director Brown, Engineer Landini and he had met earlier in the day to discuss this item. The pond cannot be returned to the condition it was prior to the start of the Harding Lane project because Councilmember Turgeon stated when the Michels bought their property they should have known the location of the drainage and utility easement, noting they had lived a few houses up from their current property prior to that. She commented that the 5570 Harding Lane property has always been difficult to sell. She also commented that the property owners are not currently living in the house, but she was confident that they would have received notice about the Harding Lane project because they are the owner of record. She stated she was willing to work with the property owners to some point with vegetation. Mayor Lizee stated the City has reestablished the drainage area. The best thing to do to keep it clean may be to plant appropriate vegetation along the edge of the pond to create a visual line. It would be prudent for the City to do anything it can to help ensure the drainage pond remains in a working state. She suggested Staff work with the resident on this. Councilmember Turgeon stated she agreed with Mayor Lizee, but she also wanted signage posted because the Michels' are not residing in the house on their property. The signage should indicate dumping, mowing, deer feeding and so forth are prohibited. She also wanted the area marked. Councilmember Woodruff stated based on the height of the house vegetation will not block the view of the drainage area. He questioned if a three foot high fence around the periphery of the pond would be better. A fence the City would maintain. Councilmember Bailey stated he agreed with Mayor Lizee about planting a vegetation demarcation. He did not think a fence would do much good. Councilmember Zerby suggested that maybe some large rocks could serve as a passive fence. Mayor Lizee stated she did not think it is the City's job to have to re- landscape, add signage, add fences, add rocks and so forth each time the City has to clean up a stormwater area. She did think adding vegetation that is appropriate for filtration of sediment and protection of the stormwater pond is a good idea. The vegetation would show the demarcation line. Director Brown stated Staff will obtain cost estimates for planting such vegetation. 10. GENERAL/NEW BUSINESS A. Rev /Trak On -Line Registration and Payment System CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 26, 2010 Page I of 13 Director Burton stated that on February 22, 2010, Council authorized Staff to enter into a contract with RevTrak to introduce on -Mine municipal e- commerce to the City's residents. She commented that many municipalities and school districts, including the Minnetonka School District, use RevTrak for their web stores. She stated Council had previously indicated it wanted to view the web store and how it would appears to users prior to it going live. Council also wanted to discuss transaction fees and costs. Burton explained initially the City will offer Southshore Community Center (SSCC) and City of Shorewood activity registration and on -line payment, and SSCC facility use rental scheduling. She demonstrated that a link will be available from both the SSCC web site and the City's web site to the RevTrak web store and what happens at the web store. She explained Phase II, which is scheduled to be implemented this summer, will provide the capability to purchase City licenses and permits on -line with a credit card, as well as possibly paying City utility bills on -line with a credit card. She stated RevTrak has built and will maintain the City's web store. She noted that Pamela Helling has helped design the site and input information and class descriptions. Burton then explained that the City will be billed for actual use only at a rate of 3.49% per transaction. The City may charge an on -line transaction fee; a fee that must be the same for all transactions. The City can change the fee at any time. She reviewed some factors Council may want to consider regarding the fee. RevTrak has indicated an average on -line expenditure is $47; therefore, the average transaction cost would be $1.64. Many cities (including Victoria, New Richland and Elko) and the Minnetonka School District do not charge any on -line convenience fees. New Richland and Elko originally charged a convenience fee, but they had very few users so they removed it. There may be some amount of savings to the City if the volume of paper checks and subsequent processing time is reduced, but additional time will spent on credit card statement reconciliations. She stated Council may want to consider not having a convenience fee initially in order to establish base -line use and interest in the web store. Councilmember Zerby asked if the web store is able to determine in real time when the quantity for a particular item is depleted (e.g., when a class is sold out). Director Burton responded it does. Turgeon moved, Zerby seconded, authorizing the web store to go "live" and initially charge no convenience fee and to review usage and status quarterly after implementation. Councilmember Bailey asked if RevTrak will eventually be used for residents to pay their City utility bills. Director Burton stated that would come before the Council for consideration as part of Phase II. Bailey expressed he was not very thrilled with that form of payment as there are alternative ways to do that which are very convenient and easy for residents. Councilmember Woodruff stated he echoed Bailey's comments. Woodruff expressed some concern with losing 3.49 percent of the City's revenue stream to do that. Burton stated Council may want to also consider placing limits on building permits noting that some permits can be very expensive. Motion passed 5/0. B. City Hall Art Administrator Heck stated the City had solicited artists to display their artwork in City Hall after it was renovated. The art work in the lobby and the piece behind the reception area are part of the rotating art display. He has contacted the artist who did the piece behind the reception desk to inquire about purchasing that piece. The piece fits the area, it works with the color scheme, staff likes the work and it may be difficult to replace the work. The artist has offered the City a substantial discount. The cost to the Mayor L,izee commented that the piece of art was a beautiful piece. This item was removed from the agenda because the candidate did not show up for their interview with the City Council earlier this evening. D. Inter - Municipal Water Rates Councilmember Woodruff stated he read in the weekly staff report of April 16 that some residents in the City receive their water from the City of Excelsior's water system. It appeared that what those residents were being billed didn't covet the City's costs. He explained the City Code does not contain any provision that would allow the City to charge a rate other than what it has identified or to accommodate the City purchasing water from an outside source and then making it available to the residents. He asked Staff to draft an amendment to the City's Water Ordinance to accommodate this. He commented that earlier in the day he learned may have a similar arrangement for sewer services as well. He stated if the City has a policy for such services it should be in writing. Director Burton stated the City's water agreement with Excelsior dates back to 1973. The agreement is very vague. The City's Water Ordinance does say that water transactions with adjacent cities are to be in accordance with their agreements. She then stated she had distributed materials relating to this to Council before the meeting. She suggested this be discussed during a Council work session. She commented the City has arrangements with other cities as well. Councilmember Woodruff asked that the work session be held relatively soon but not immediately. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated there is a pair of Osprey taking up residency on the cell tower behind the gas station next to City Hall parking lot. One of the pair is a four year old banded male originating from the Carver Park Reserve. The female is not banded. Heck then stated the Senate Tax Committee passed its omnibus tax bill. The bill has a provision that sets the minimum levy limit at 1.17 percent. If that bill is passed and the implicit price deflator (1PD) goes below that the City would not have to reduce its levy to the IPD. The Supreme Court has not issued any word on the appeal of unallotments. The Federal Government has not issued anything the Medicare funding which the Federal Government hopes to reduce again. Director Brown stated the City is flushing water mains. CITY OF SHOREWOOD REGULAR COUNCIL NCIL M ETING MINUTES April 26, 2010 Page 13 of 13 1. Financial Report March 2010 next meeting. 2. Hennepin County ro Administrator Heck noted the City's open book session is scheduled for May 3 rd from 5:00 — 7:00 P.M. B. Mayor and City Council Councilmember Woodruff stated the three -bay chemical treatment program is in its third year. The treatment for curlyleaf pondweed was done on April 19 in Gray's Bay and Phelps Bay. Today the treatment for milfoil was done in Phelps Bay. He was unsure of the status to the milfoil treatment in Carman Bay. Gray's Bay will not be treated for milfoil because there isn't much in it. Councilmember Turgeon stated she does not recollect seeing a bill from the Lake Minnetonka Association for the treatment yet. She indicated she had asked that the bill not be placed on the verified claims list because she wants to discuss the issuance of that money to the LMA. Administrator Heck stated the City has not received an invoice from the LMA. Councilmember Woodruff stated the City budgeted approximately $6,000 for the treatment of Phelps Bay. The LMA needs to invoice the City for that. Woodruff commented the estimated cost to treat Phelps Bay is slightly more than $42,000. Councilmember Turgeon stated the Planning Commission had again brought up the issue of signage at the trail crossing at County Road 19. She related that Director Nielsen had told the Commission that a letter had been sent to the Hennepin County Department of Transportation requesting consistent signage be installed at the trail crossings. She stated she had asked Administrator Heck to provide Council with copies of the letters, which he has done. 12. ADJOURN Woodruff moved, Lizee seconded, Adjourning the City Council Regular Meeting of April 26, 2010, at 9:01 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian -`lEl &. C d iinistrator /Clerk