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CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION MEETING
MONDA Y, APRIL 27, 1998
CONFERENCE ROOM
5755 COUNTRY CLUB ROAD
6:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Dahlberg called the meeting to order at 6:35 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty (arrived at 6:55 p.m.), O'Neill
and Garfunkel; City Attorney John Dean; Prosecuting Attorney Kenneth Potts;
Administrator Jim Hurm; Planning Director Brad Nielsen
B . Review Agenda
The agenda was approved as presented.
2.
DISCUSSION WITH PROSECUTING
ORDINANCE VIOLATIONS
TREE
ATTORNEY
ON
Attorney Potts stated there is no specific provision contained in the ordinance which states it is a
crime to damage a tree which has been designated to be saved. Once a tree is damaged, cut or
removed, it must be replaced. In the event the tree is not replaced, a violation will have occurred
and can be charged as a misdemeanor.
Mayor Dahlberg asked what type of evidence would be needed for prosecution. Attorney Potts
stated it would be helpful to have a statement from the person who is suspected of having created
the situation. In addition, it would be necessary to have photographs depicting the area.
Councilmember O'Neill question whether it can be a misdemeanor to go through tree protection
fencing. Attorney Potts stated this could be done, however, it was his understanding the Council
would be more interested in holding the developer responsible which he felt would be difficult to
do.
Attorney Dean explained the ordinance and policy must be specific as to what the violation is
followed by fair notice and an opportunity to correct the situation. The burden would have to be
placed on the individual responsible for creating the situation.
Mayor Dahlberg stated he would not have a problem with prosecuting a subcontractor who violates
the policy. Attorney Dean stated that under the existing ordinance, if a violation occurs, notice
could be given to the developer to correct the situation within a specified period of time. If the
situation is not correction in the specified time, the developer could then be prosecuted.
Councilmember O'Neill stated he is more interested in discouraging violations up front rather than
having to prosecute violations.
Councilmember Stover inquired at what point the ownership of the property transfers from the
developer to a homeowner. She noted an individual could purchase a lot and would own the lot
during the time a house is being constructed. She noted it would be at the discretion of the
homeowner to remove or preserve trees as he sees fit. Attorney Dean explained once a Certificate
of Occupancy is issued, the developer is relieved of any further obligation.
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APRIL 27, 1998 - PAGE 2
Councilmember Stover asked at what point the homeowner have the right to decide which trees
will be saved and which can be eliminated. Attorney Dean explained once the property falls into
private ownership and the owner/occupant is in possession of the property, they may do as they
see fit. Nielsen pointed out the owner would participate in the tree preservation plan along with
their builder. If the owner has designated trees to be eliminated or saved, this would be indicated
to the builder and would then be reflected in the plans which are submitted to the City as a part of
the building permit process.
Mayor DaWberg commented the goal of the Council is to develop a motivation for the developers
and subcontractors to abide by the plan which has been approved and agreed to. He felt it could be
stipulated if the requirements specified in the ordinance are not satisfied, the violation will be
considered a misdemeanor.
Mayor Dahlberg suggested Attorneys Dean and Potts review this matter and if additional language
needs to be added to the policy, this may be brought back before Council for further review.
Attorney Dean inquired whether the Council would deem a violation to have occurred once the
developer has been directed to correct a situation and then fails to do so or whether they would
prefer a violation is determined at the time a tree which is to be saved is actually eliminated.
Councilmember O'Neill was in favor of determining a violation at the point there is an infraction
rather than at the point there is failure to correct.
Attorney Dean noted the criminal penalty would more than likely consist of a fine rather than any
executed jail time.
Attorney Dean stated he will also address the issue of when the policy ceases to be applicable.
Mayor Dahlberg noted he shares this concern.
(Councilmember McCarty arrived at 6:55 p.m.)
7. ADJOURNMENT
O'Neill moved, Garfunkel seconded to adjourn the work session to the regular
City Council meeting at 6:55 p.m. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl WalIat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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