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07-09-12 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 9, 2012 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Liz& called the meeting to order at 7:03 P.M. A. Roll Call Present, Mayor Liz6e; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane (arrived at 7:12 P.M.); Interim City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Mayor Liz6e introduced William Joynes, the new Interim City Administrator. Mayor Liz6e noted Item 6.13 Lake Minnetonka Communications Representative (LMCC), Report on LMCC Activities has been removed from the agenda and the report will given during the July 23, 2012, Council meeting. She also noted that Item 12.A.3 Notice of Public Information and Seeping Meetings Relating to a Transmission Upgrade. Zerby moved, Woodruff seconded, approving the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, June 25, 2012 Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of June 25, 2012, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, June 25, 2012 Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of June 25, 2012, as presented. Motion passed 510. C. City Council Executive Session Minutes, June 25, 2012 Woodruff moved, Siakel seconded, Approving the City Council Executive Session Minutes of June 25, 2012, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Liz6e reviewed the item on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 2 of 11 Zerby moved, Hotvet seconded, Approving the Motion Contained on the Consent Agenda. A. Approval of the Verified Claims List 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. Marnie Wells, Chief Executive Officer, Introduction to Camp Tanadoona Mayor Liz& introduced Mamie Wells, Chief Executive Officer with Camp Fire USA Minnesota Council (Camp Fire). Ms. Wells is present to give a report on Camp Tanadoona (the Camp). Ms. Wells noted Camp Fire owns and operates Camp Tanadoona. She explained the Camp is located between Highway 7 and Highway 5 to the west of Highway 41. She also noted that Camp Fire's mission is to build caring, confident youth and future leaders. It has been serving boys and girls since 1925. During 2011 it served more than 1,500 young people in the community. It also served 500 youth through its out -of- school -time programs. Its clubs are academic focused with paid, trained, amazing staff people who work with the young people during out -of- school -time. The business model is the staff is with them multiple days a week for multiple hours at a time year round. Ms. Wells then explained Camp Fire works with affordable housing complexes, schools, community based organizations as well as other organizations in the area. By bringing the Camp Fire program to the children two of the biggest barriers for accessing out -of- school -time programs are eliminated. One is the transportation barrier. The cost barrier is also eliminated because it is free to children. The fee is negotiated between the other organization and Camp Fire. Ms. Wells stated Camp Fire is starting to consider expanding its out -of- school -time programs in the community. Her hope is to have some starting this fall. She then stated that research proves that top quality youth programs with measurable outcomes are the most effective way to have a positive and lasting impact on children. That is what Camp Fire and Camp Tanadoona do every day. Ms. Wells explained that during 2011, 120 youth were brought out to Camp Tanadoona. For many of them, it was the first time they had ever been to a camp, gone fishing, experienced a canoe ride on Lake Minnewashm and so forth. It was incredible for the children. It was also incredible for the adults watching the children. The summer program at the Camp gives children a wonderful chance to grow, connect with nature and make new friends. She noted the Camp is open to the public. She also noted it was voted the best summer camp in the Sun Sailor Newspaper's Reader's Choice Award the last two summers. Ms. Wells stated day camp is offered where a child is dropped off each day and picked up in the evening Monday through Friday. Overnight camps are also offered where children sleep in cabins without electricity. She noted Camp Tanadoona is located on 103 wooded acres along Lake Minnewashta. Nearly CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 3 of 11 1,000 youth attended summer camp in 2011, and 96 of them came on camp scholarships. The participation in the 2011 summer camp program increased 15 percent over 2010. Ms. Wells noted this will be Camp Tanadoona's eighty- eighth year of serving kids in the community. It has hardly changed during that time which is both good and bad. The property is very diverse ecologically. There are five unique eco regions. The commitment is to always keep it quiet, rustic, and simple. Ms. Wells explained Camp Tanadoona was built by the community. In 1924 the Minneapolis Rotary Club purchased the land and donated it to the then Camp Fire Girls. Through the years a strong relationship with the community has been maintained. It continues to rely on volunteers, civic organizations, the boy scouts, and other organizations. The Mayor of Chanhassen will often bring his Boy Scout troop out to the Camp. Life Time Fitness Corporation redid the entire bath and shower house at the Camp. An anonymous donor who wishes to remain silent has committed a $750,000 pledge that will be matched dollar for dollar to help renovate the Camp in Phase 1. By June 2013 Camp Fire will have raised the matching funds. The renovation is about building new buildings. It is also about building a legacy for the children. In part because of the anonymous donor and as a result of doing focus groups Camp Fire thought now is the right time to begin renovating the Camp. Ms. Wells displayed images of the new buildings that will be constructed in Phase 1. She explained Phase I tackles the campers, noting 85 percent of the campers are day campers. The intent is to create a village feel for them. There is need for more flexible buildings. She displayed images of the outdoor living classrooms; there will be five of them. Ms. Wells thanked Council for its time this evening. She invited Council and listeners to go and see Camp Tanadoona. Councihmmber Hotvet stated her children have had the opportunity to enjoy Camp Tanadoona for many years. She noted the Camp brings in camp counselors from all over the world and she finds that to be a great asset. B. Ken Hendrickson, Lake Minnetonka Communications Representative (LMCC), Report on LMCC Activities This item was removed from the agenda. The report will be given during Council's July 23, 2012, meeting. 7. PARKS None. 8. PLANNING A. Report on the July 3, 2012, Planning Commission Meeting Commissioner Davis reported on matters considered and actions taken at the July 3, 2012, Planning Commission meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD REGULAR COUNCIL MEETIN(" MINUTES July 9, 2012 Page 4 of It 9. ENGINEERING /PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS Mayor Liz& noted that she spoke with Naomi Carlson late this afternoon and told her she thought the following item on the agenda, which is about Ms. Carlson's property, would come up during the meeting at around 7:30 P.M. Mayor Liz& asked if the discussion could move to Item. 12.A.1 on the agenda. Discussion moved to Item 12.A.1 on the agenda. A. Zoning Ordinance Violation — 5955 Cathcart Drive Mayor Lizce noted that Naomi Carlson, the owner of the property located at 5955 Cathcart Drive, is now present. Director Nielsen explained the City received a zoning violation complaint in May 2012 about the property located at 5955 Cathcart Drive. After receiving the complaint the City notified Ms. Carlson, who is the owner of the property, that the property was in violation of the City Zoning Code because a business was being operated from that property. Staff met with Ms. Carlson in May to discuss the alleged violations. Following the meeting the City sent her a notice of violation documenting what Staff and Ms. Carlson talked about during their meeting. Ms. Carlson received that letter. Ms. Carlson was given ten days to bring her property into compliance or submit a written appeal on the matter. Ms. Carlson challenged the notice and asked for specific citations of the Code that were being violated. The City sent Ms. Carlson a second notice dated June 26, 2012, which was hand - delivered. The ten days was granted and the deadline expired on July 6, 2012. The City received an appeal of sorts from Ms. Carlson. Ms. Carlson sent an email basically asking for additional time to respond to the notice. Nielsen noted the City sent a similar notice to Ms. Carlson in September 2011. At that time Ms. Carlson was renting out space to a contractor to park his construction equipment and some other personal things on the back of her property. That violation seemed to be resolved last fall. Nielsen explained the complaint received in May alleged that another business, a Lawn care business, was operating from the property. Workers were coming back and forth throughout the day. He displayed a photograph of some vehicles that were parked on the property during the day. He explained that when the complaint was checked out there were outside bathroom facilities on the property. Those have since been removed. The Building Official has been out to the property three times for various elements of the complaint and at random times of the day. Once was to respond to a call that someone was dragging mud along the street. He displayed a photograph of a truck that came to the property when the Official was checking out the mud complaint which was sometime between 11:00 A.M. and 1:00 P.M. The other two times the Official also saw vehicles from the business coming and going. The complaints allege that when the vehicles are brought back people do work on the equipment after hours and so forth. Nielsen stated Staff suggests that Ms. Carlson has had enough time to either submit a written appeal explaining why she should be able to have a business operate from her property or ask for additional time. In May Ms. Carlson told Staff that the current business had leased her property through June 30, 2012. With the second notice that time has expired. Staff is saying Ms. Carlson is in violation of the Ordinance and that she has more than enough time to either comply or submit a proper appeal. Staff recominends the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 5 of 11 property be re- inspected on July 13, 2012. If the violation continues to exist Staff recommends enforcing the administrative penalty of the Zoning Code. Ms. Carlson stated she thought she was going to have more time to appeal. She explained that this is the second time she has received a notice when the ten -day response period included a long weekend. There was not time for her to contact her attorney to have him interpret the laws. She asked Council to interpret the Zoning Ordinances in a little more liberal fashion taking into consideration her personal circumstances. She stated she does not understand where the idea comes from that the workers come back to the property and work after hours. She noted that only rarely do the workers return to her property during the day. Sometimes they come back to mow her lawn which is part of her arrangement. Ms. Carlson explained her property is about two acres in size and she has a large house and therefore she needs the extra income. She stated if her property had sold when it was on the market it would likely have sold to someone who had three teenagers. There would be numerous cars with teenagers and their friends coming and going from the property all the time. There could also have been boats on trailers on the property. Ms. Carlson explained that she has polled her neighbors. She has papers signed by four of them stating they have no problem with what is going on at her property nor have they been impacted whatsoever. They sympathize with her situation. Ms. Carlson clarified that the lawn care company is not running its business out of her barn. It is run from a different location. Its clients do not come and go from her property. She noted that the neighbor closest to her property, the one where the driveway is along the property lines, told her she did not need to put a fence up when she offered to do that. She explained the company is not out at her property on the weekends. It's only out there during the mowing season. During the snow plowing season the three owners of the company go from their homes to do that. She noted the company will store their mowing equipment on her property during the winter and people won't come out to her property other than to check on or repair equipment. Ms. Carlson commented that being the Building Official comes out to her area quite often she expressed her wish that he would knock on her door so she could go out with him. Ms. Carlson stated she has been a good citizen in the City for approximately 35 years. She asked Council for consideration and compassion for her circumstances. She explained she had been very ill for a while and that she had not been able to rent out her rental property during the down economy. That had been her main source of income when she moved here. She clarified her rental property is rented now. She noted she is doing the best that she can. She stated her neighbors are appalled that this is happening to her. Ms. Carlson then stated she thought, the person who complained was the previous contractor who was renting from her before. That individual does not live in Shorewood. She noted she would not rent commercial storage space to him anymore. She explained when she was told about the first complaint she went out to the back of her yard and realized that her neighbors (the ones who live along Strawberry Court and whose property abuts hers) could see a contractor's truck that was parked in the back. No one else could see it but they could. She felt bad about that and it was taken care of At this time no one can see anything. Ms. Carlson noted that she asked to screen that storage area. The area had been screened when it was first built. She related that Director Nielsen had told her that because it had been built without a building permit by her former husband, who she has been divorced from for over 20 years, she could not rescreen CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 6 of 11 it because it was a nonconforming structure. She explained that in her email to Council earlier in the day she explained she did intend to relieve Nielsen's concerns and connect the barn to the house as well as pay for an after- the -fact building permit to keep the shed in compliance. Ms. Carlson stated her neighbors that were home when she contacted them about a letter she wanted them to sign indicated that had no problem with what was occurring at her property. She then stated she needs the income she receives from renting out the space on her property. She needs it to help her pay expenses for her property. She went on to state the company that is renting the space was intent on making sure that none of her neighbors were inconvenienced by their presence. She mentioned she would like to know who complained. Mayor Lizde explained this evening Council is considering a zoning violation regarding the use of Ms. Carlson's property. She noted the property is located in an Rl -A, Single - Family Residential zoning district. Yet, a commercial business is being operated from property and that is not allowed in the City Code. The business is not owned by Ms. Carlson and it does not have a permit for being there. The City does not go looking for violation. It responds to complaints from residents. She expressed concern that last summer there was a similar issue. At that time Ms. Carlson was informed about that and she took care of it. Ms. Carlson interjected she had thought it had been worked out and related Director Nielsen thought the same thing. Lizde stated now there is another commercial business is operating from Ms. Carlson's property. Lizde noted the City cannot act on emotional or economic issues for its residents. The City has created zoning laws and ordinances to help treat everyone fairly and to maintain a good quality of life in the City. She reiterated the City is responding to a complaint from a resident about a commercial business operating from Ms. Carlson's property. Ms. Carlson asked what she has to do to find out who filed the complaint. She stated the previous tenant left in April because she asked him to. She clarified the lawn care company had paid its rental fee for this past May and June but its lease is for a year. She noted that she must have misinformed Director Nielsen about that. Mayor Lizde stated it was Council's understanding that the company would be gone by July. She commented that is neither here or there. She stated this evening Council is discussing violation of the City Zoning Code where a residential property is being used as a commercial base. That is not allowed. Councilmember Woodruff stated he can appreciate Ms. Carlson's situation. He noted that it is quite clear to him there is a violation; one that has been observed multiple times. He stated based on statements made by Ms. Carlson he can find no reason for the City to violate its own law and treat this property differently than any other properties zoned residential in the City. He noted that Ms. Carlson is asking for more time so she can have an attorney review the violation and determine if the law applied. That is what should happen during the process that would occur after an administrative citation is issued. The City has an administrative enforcement process that could take place that would provide Ms. Carlson and an attorney the opportunity to present their case to an administrative judge who would render a final decision about whether or not the law was violated. He noted he thought that process should move forward. Woodruff then stated he finds the things Ms. Carlson said interesting, and that he is sensitive to her financial situation. He explained there are only two things that can happen. One is to go through the administrative process. The other is Ms. Carlson can apply for a zoning variance for Council to consider. He noted that he does not advise Ms. Carlson to take that path because he thought it highly unlikely that Council would grant the variance. He stated from his point of view Council cannot turn its back on CITY OR SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 7 of 11 violation of a City Ordinance. He then stated it is immaterial at this point who filed the original complaint. At this point the City is the complainant. The violation has been observed and the City is compelled to take action. He recommended Staff be directed to issue an administration citation. Ms. Carlson can then use the administrative process if she so chooses. Woodruff moved, Siakel seconded, directing Staff to inspect the property located at 5955 Cathcart Drive on July 13, 2012, and if the zoning violation still exists, issue an administrative citation and allow the administrative process to be followed. Councilmember Zerby stated this is clearly a zoning violation. The City Code clearly identifies where there can be commercial businesses. This violation is not about being two feet to close to a property line which is more of a technical issue. This is somewhat like a parking lot for the commercial vehicles. If Council were to make an exception for Ms. Carlson it would have to consider it for other residents as well. He then stated from his vantage point the City has to remain steadfast on this type of violation. Director Nielsen stated Councilmember Woodruff mentioned a zoning variance. Zle explained that is not an option because you cannot issue a use variance in the State and that is what that would be. It would take a zoning text amendment to change the rules. Attorney Keane asked Director Nielsen if this is the appeal opportunity for Ms. Carlson. Nielsen explained it is her opportunity to appeal the violation notice, noting the administrative citation has not been issued yet. She will have an opportunity to appeal the citation. Motion passed 510. Councilmember Hotvet stated she sent an email to Staff earlier in the day asking for clarification on Zoning Ordinances. She noted that there is a violation on the City -owned residential property. She stated with there being a great deal of telecommuting in these times she asked how that works with the Ordinances. Director Nielsen explained the Code contains home occupation provisions. There are two classifications for home occupations. One is called a limited home occupation. It is for someone who has an office out of their home. No permit is required. No clients come to the home. The second category is called a special home occupation. It requires a permit and it has to go through the conditional use process. There are conditions tied to it. One of the conditions is that the people who work from that property must live there. They are allowed to have one person who doesn't live on the premises come to the property to work. The business can be conducted from an accessory structure. There can't be any outdoor storage, display, signs and so forth. He noted that he will provide Council with a copy of the requirements. He also noted the Planning Commission will be reviewing that section of the Ordinance when it reviews the General Provisions Section. Director Nielsen noted the Zoning Code clearly distinguishes between residential and commercial use. The City does not even allow for industrial use to speak of. This issue borders on industrial use. Councilmember Hotvet suggested reminding residents about some of the basic zoning regulations in the City. Councilmember Siakel stated that type of thing could be published in the Shore Report. Hotvet added or on the City's website. Councilmember Woodruff stated it may be worthwhile to summarize the allowable uses of residential property for the residents and publish that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 8 of 11 Discussion moved to Item 12.A.2 on the agenda. 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Update on 5795 Country Club Road Rental Agreement This was discussed after Item 9 on the agenda Interim Administrator Joynes stated Council discussed the property located at 5795 Country Club Road which the City owns during its June 25, 2012, meeting. It leases the property to a private individual through a leasing and management company. The City has investigated complaints against the lessee for Zoning Code violations. After confirming the violations, the City sent notices of Zoning Violations to the lessee on January 13, 2012, and June 26, 2012. Joynes explained that during the June 25 "' meeting Council directed 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, to allow the lessee to resign a one -year lease should they want to do that, and to conduct a market analysis to determine what the rental rate should be. Since that meeting Staff has determined the lessee has already renewed the lease through an auto renewal provision in the leasing agreement. It was done through leasing agent on the City's behalf. He, Attorney Keane and Director Nielsen have had recent conversations with the leasing agent about the issues at the property and communication issues. Staff will invite the agent in the near future to discuss how to improve the relationship and communications between the agent and the City. Councilmember Siakel stated if the current renter violates the Zoning Code in a similar manner (operating a business on the property) again she asked if the City will be able to terminate the lease. Interim Administrator Joynes stated the City has the process in its Ordinances. The question is if the lease can be cancelled or the lessee evicted. Attorney Keane stated the City could do that. Attorney Keane stated he has spoken with the leasing agent about operating the property in violation of City Ordinances would be in violation of the covenants of the lease. Part of the awkward place the City finds itself in is because of the arrangement with the leasing agent. The arrangement in effect has delegated to the leasing agent the right to renew the lease unilaterally. He noted he was not sure the City can do that since only the City Council can convey an interest in real estate. He questioned if the delegation to a third party, whether or not it is in the agreement, is an appropriate delegation. He stated the tenants have been reliable in paying their rent. The leasing agent clearly understands the issues now and has clearly communicated them to the lessee. If there are future violations of City Code they would be a violation of the covenants of the lease. Councilmember Siakel stated it is her understanding that when the City purchased that property it was with the vision that when City Hall was to be renovated or rebuilt that property would become part of the City Hall campus. It is also her understanding that the City has continued to hold on to that property until the real estate market comes back. She asked what the current market value of the property is, and if CI'T'Y OR SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 9 of 11 Council wants the City to hold on to that property for years to come. She suggested Council have a discussion about selling the property. She stated owning that property does not fit with the City's business from her vantage point. Councilmember Hotvet stated the City does not need to be in the business of owning a residential property and renting it out. She then stated she thought there is some hypocrisy with there being a zoning violation on City -owned property. She recommended selling the property. Councilmember Siakel reiterated her desire to have a Council discussion about the property and know its current value. Councilmember Woodruff asked Attorney Keane if the City's earliest opportunity to sell the property is in one year when the lease agreement is up. Keane responded that would be correct. Discussion returned to Item 10.A on the agenda. 2. Report on Silver Lake Outlet Director Brown explained Public Works has been out to the Silver Lake outlet every day for the past week to clear debris and vegetation from the outlet and to monitor the outlet. This outlet serves as the primary and single outlet for Silver Lake. Residents living on property abutting Silver Lake have been expressing concern about the high water level so much so that the City postponed the project related to the sedimentation basin until the water level can be lowered. He noted the water elevation has dropped about three - fourths of a foot in the last week. Brown then explained one of the purposes of placing this item on the agenda is to let other residents in the City know about the flow of emails between residents in the area and the City about this situation. Another purpose is to inform Council that Staff took the liberty of asking WSB & Associates to assess how to modify the outlet structure to determine how the structure could be maintained routinely rather than having to go dredge out the channel and the outlet structure. He indicated the design structure should be available for Council review fairly soon. Brown noted that Public Works will continue to monitor the outlet structure until the water level subsides to a level where the water elevation in Silver Lake is no longer of concern to the residents. Councilmember Hotvet asked what company built the outlet structure. Director Brown stated it was originally designed by Sathre- Bergquist, Inc. who was the developer's engineer when Waterford was put in. Councilmember Zerby stated in the emails there was some discussion about putting in a remote data logger. He asked if Public Works has considered that because Director Brown has stated that Public Works personnel are checking it daily. Director Brown explained a number of permitting agencies involved with this. There is question as to whether Silver Lake is a wetland or a lake. There are varying answers to that question. He then stated that he assumes that the Riley Purgatory Bluff Creek Watershed District (RPBCWD) will have a keen interest in this. The RPBCWD will have some say about having a data logger there. Currently it takes a visual assessment to determine what debris is in the outlet. He noted that he thought it prudent to have Public Works personnel look at the structure daily until the water elevation in Silver Lake subsides. CITY OF SHOREWOOD REGULAR COUNCIL ,MEETING MINUTES July 9, 2012 Page 10 of 11 In response to a comment from Councilmember Zerby, Engineer Landini stated the data logger would be owned and operated by the RPBCWD. Councilmember Woodruff asked at what level the water in Silver Lake stops flowing through the Weir. Basically the lake level would be below that. He asked how much higher than that the water elevation is now. Director Brown stated it has not been surveyed but he thought it was approximately a foot. Woodruff suggested surveying that and then have Staff have a conversation with the contractor who is supposed to put in the structure at Covington to assess if that will be an adequate level or if it would have to be reduced below the Weir level before the structure can be installed. Director Brown stated there has been conversation with the contractor about installing a temporary barrier for this. He noted a couple of extra feet of water complicate that. He then stated when the water level returns to a normal level (where it is not going over the top) he thought the contractor will be able to do its job. He noted Staff will have a conversation about that. He stated Staff will be looking to the contractor, once the design is complete, to consider a change order to the existing contract. 3. Notice of Public Information and Scoping Meetings Related to a Transmission Upgrade Director Brown stated he put at the dais this evening a notice published by the Minnesota Department of Commerce. The notice is regarding the application for a Route Permit and a Certificate of Need for the Scott County - Westgate 69 kV to 115 kV Transmission Upgrade. The transmission line extends from Scott County through Shorewood and into the city of Deephaven and beyond. Brown explained the Department of Commerce handles part of the permitting process under the Energy Permitting Department. It will be conducting Public Information and Environmental Assessment Scoping Meetings on Wednesday, July 18 with one being held at 2:00 P.M. and another at 6:00 P.M. and they will be held at the Minnetonka High School. The purpose of the meetings is for people to receive more information about the project and provide input to representatives from Xcel Energy and the permitting authority. For this phase of the project the permitting authority will accept written comments about the seeping document through August t". He noted Staff wanted to make Council and the viewing audience aware of this. He explained the permitting authority has provided a link to the permitting authority's website where comments can be placed. He noted the Scoping document is located online. Brown then explained that Staff will place a brief summary of this on the City's website along with a link to the permitting authority's website for comments. He noted that in previous emails to Council from him and in the Friday reports to Council there was information about Staff's ongoing discussion with Xcel Energy representatives regarding the City's Code requiring Xcel Energy to file a conditional use permit request for the upgrade. Those discussions continue. Mayor LizEe thanked Director Brown for his efforts. She stated there needs to be ongoing discussion about this. She noted that some of the sister cities have concerns about this project. She thought it beneficial to provide access to information about this project to the residents. She noted there is information at the public libraries. Councilmember Zerby noted that he will attend one of the July 18 meetings. B. Mayor and City Council CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 9, 2012 Page 11 of 11 Councilmember Hotvet thanked all of the volunteers who helped make the Fourth of July celebration in the City of Excelsior fantastic. She thanked those is charge for changing the length of the planned I OK run to 5K because of the hot weather. Mayor LizBe stated it was a great celebration. Councilmember Zerby stated it was great for the City to be part of the event. Councilmember Hotvet stated she will attend her first League of Minnesota Cities Improving Service Delivery Policy Committee meeting next week. She noted she will report back on that. 13. ADJOIR2N Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of July 9, 2012, at 8:07 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: A _ William S. Jo 1 I Brim City Administrator /Clerk Christine Lizee, Mayor