091399 CC Reg MinCITY OF SHOREWOOD
• CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 13,1999
MINUTES
1. CONVENE CITY COUNCIL MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Love called the meeting to order at 7:00 p.m.
A. Roll Call
Present: Mayor Love; Councilmembers Stover, Garfunkel, Lizee and Zerby; City
Administrator Hurm; Planning Director Nielsen; Engineer Brown; and City
Attorney Keane
B. Review Agenda
Mayor Love reviewed the Consent Agenda. Agenda Items #3A, 3B, and 3D were removed from
the consent agenda. They will be discussed under Agenda Item #7 as I, J and K respectively.
Garfunkel moved, Stover seconded a motion to approve the Agenda as amended:
1. Item 3A to be considered as Item 7I.
2. Item 3B to be considered as Item 7J.
3. Item 3D to be considered as Item 7K
Motion carried.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes August 23,1999
Garfunkel moved, Lizee seconded approving the Special Meeting Minutes of August 23,1999
as written. Motion passed 5-0.
B. City Council Regular Meeting Minutes August 23,1999
Lizee moved, Garfunkel seconded approving the Regular Meeting Minutes of August 23,
1999 as amended: Page 10, fourth paragraph from the bottom: change to read -
Councilmember Lizee was concerned about the quality of tape recorded sessions and would
like the microphones in the Council Chambers integrated into the tape recording system.
Staff agreed to look into it.
Motion passed 5-0.
to
• CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 13,1999 - PAGE 2
C. City Council Special Meeting Minutes August 30, 1999
Garfunkel moved, Zerby seconded approving the Special Meeting Minutes of August 30,
1999 as written. Motion passed 5-0.
D. City Council Work Session Meeting Minutes August 30,1999
Lizee moved, Zerby seconded approving the Work Session Meeting Minutes of August 30,
1999 as amended: Page 2, change "legislative budget" to "City Council budget." Change
"the number be kept as a challenge" to "reflect needs." Motion passed 5-0.
E. City Council Executive Session Meeting Minutes September 1,1999
Garfunkel moved, Zerby seconded approving the Executive Session Meeting Minutes of
September 1,1999 as written. Motion passed 5-0.
3. Consent Agenda
Stover moved, Garfunkel seconded approving a motion to approve the consent agenda as
amended:
A. A Motion to Adopt a Resolution Approving a Conditional Use Permit for
Installation of PCS Antennas
Applicant: APT Minneapolis, Inc. (Aerial Communication)
Location: 26352 Smithtown Road (Water Tower at Minnewashta
School)
Considered as Item 7I
B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for
Multi -Purpose Building at Freeman Park
Applicant: City of Shorewood
Location: 25800 Highway 7
Considered as Item V
C. A Motion to Adopting RESOLUTION #99-072, "A Resolution Approving a
Conditional Use Permit for Accessory Building"
Applicant: Excelsior Covenant Church
Location: 19955 Excelsior Blvd.
D. A Motion to Adopt a Resolution Approving a Conditional Use Permit and
Setback Variance for a Substandard Shoreland District Lot
Applicant: Patrick & Victoria McConnell
Location: 4300 Enchanted Drive
Considered as Item 7K
E. A Motion to Adopting RESOLUTION #99-073 "A Resolution Approving a
• Temporary Gambling License for Friends of the Southshore Center"
CITY COUNCIL REGULAR MEETING MINUTES
• SEPTEMBER 13,1999 - PAGE 3
F. A Motion to Adopting RESOLUTION #99-074, "A Resolution Authorizing the
Transfer of Funds"
Motion carried 5-0.
4. MATTERS FROM THE FLOOR
Duane Laurila, 5995 Eureka Road, discussed his attendance at meetings at the County level
regarding the LRT Trail. He asked if the use in the winter could also include walking horses.
Mayor Love stated it would be discussed as a scheduled agenda item.
Administrator Hurm stated discussions with Hennepin County have indicated that horses on the
trail are not an option.
Mr. Laurila stated he was told he would have to go to the City Council. They would have to
include horses on their winter trail permit application.
Councilmember Zerby asked if there was an issue with horse droppings.
Mr. Laurila stated the droppings can be picked up.
Councilmember Stover stated there is a statement on the permit that notes horses are prohibited on
• the trail all year round.
5. PARKS
A. Report on Park Commission Meeting Held August 24,1999
Administrator Hurm stated the last meeting was a brainstorming session to discuss funding for the
parks. Several ideas were developed. The Commission will meet the fourth Tuesday of the month
with the Park Foundation to continue brainstorming and identify fundraising efforts that could be
worked on. They also talked about the trail planning process and planned a neighborhood walk for
Saturday, October 2 for the Howard's Point, Edgewood, and Grant Lorenz neighborhood at 9:30
a.m. They also reviewed the design for a magic square which will be placed at Cathcart Park.
B. Acceptance of Resignation From Commissioner Colopoulos and Consideration
of Procedure to Fill Position
Administrator Hurm reported the Park Commission discussed the resignation of Commissioner
Colopoulos at their August 24 meeting.
Councilmember Lizee asked if they had any recommendation about filling the vacancy.
Administrator Hurm replied they recommended not filling the position until its expiration in
February.
Mayor Love agreed it would be logical to wait until February; however, they could probably use the
extra person to share the workload.
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CITY COUNCIL REGULAR MEETING MINUTES
. SEPTEMBER 13,1999 - PAGE 4
Councilmember Stover stated now that the vacancy is official, the Council should ask the Park
Commission how they would like to proceed. Staff was directed to bring back the question to the
Park Commission.
6. PLANNING
Commissioner Turgeon reported on the matters considered and the actions taken by the Planning
Commission at their September 7, 1999 meeting (as detailed in the minutes of that meeting). ZD
A. Consideration of a Motion to Adopt a Resolution Regarding a Request to
Vacate Certain Easements for Sanitary Sewer, Underground Utility and
Roadway Purposes for Christmas Shores Plat
Planning Director Nielsen stated it was noted during the platting of the property that there were a
number of old easements that needed to be vacated. Three of them are still in question. If they are
not resolved, the matter should be tabled. He advised the public hearing be held to take testimony.
He stated they are recommending not vacating a sewer easement which coincides with an easement
which is an integral part of the plat. Two of the easements have to do with road right-of-way. He
recommended they be vacated.
Mayor Love opened the public hearing at 7:29 p.m. for public comments. There were none and the
public hearing was closed.
• Lizee moved, Stover seconded to continue consideration of this item to the September 27,
1999 City Council meeting. Motion carried 5-0.
B. Report on Comprehensive Plan Open House and Announce Public Hearing
Planning Director Nielsen stated attendance at the open houses was not as expected. He stated a
public hearing is scheduled for September 21, 1999 at the Southshore Center.
Mayor Love stated Councilmember Stover has suggested future notices include terms like trail and
water in order to get more involvement.
Planning Director Nielsen stated there is a better turnout when there is more controversy.
C. A Motion to Adopt an Ordinance Amending the L-R Lakeshore Recreational
District Section of the Shorewood Zoning Ordinance
Planning Director Nielsen stated the concern was raised that the L-R District isn't being used. The
ordinance has been too restrictive. The Planning Commission has been looking at revisions to the
district to develop a three step process. Study sessions were held, and marina owners were in
attendance. He stated a public hearing was held, and there was no public input. The Planning
Commission voted unanimously to recommend approval of the new ordinance. He suggested it be
adopted, and a summary ordinance for publication could be considered at the next City Council
meeting.
Councilmember Zerby stated the owner of the Shorewood Yacht Club has asked for increased
• height on the accessory building and additional parking spaces.
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 13,1999 - PAGE 5
Planning Director Nielsen stated the Planning Commission chose not to modify the 15' height for
accessory buildings. He also discussed issues with the parking lot. It was suggested that mitigation
measures be established such as increasing landscaping and adding more drainage.
Councilmember Zerby stated he would prefer to see repairs done out of sight.
Planning Director Nielsen stated the way the ordinance reads, repairs are not done in the accessory
structure. It was suggested the floor be lowered in order to work on sailboats inside the building.
Councilmember Lizee stated there are services for that type of work around the lake.
Garfunkel moved, Stover seconded Adopting ORDINANCE #355, An Ordinance Amending
the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance."
Motion carried 5-0.
D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional
Use Permit for Accessory Space Over 1,200 Square Feet
Applicant: William Dickson
Location: 26245 Birch Bluff Road
Planning Director Nielsen stated staff was directed to prepare Findings of Fact on this item. Staff
discovered the existing driveway is on the neighbor`s property and must be moved. Mr. Dickson
. had intended to move it ten feet to the north. Staff recommended the conditional use permit be
approved as requested.
Councilmember Lizee stated she was concerned about directing staff to prepare Findings of Fact,
and the survey was not accurate at the time of the public hearing. She stated sight lines have
remained a concern with her. She was also concerned about the use of the structure. She stated the
Council was concerned there be a condition it be for occasional use only.
Councilmember Lizee asked for input on the sight lines from Engineer Brown.
Engineer Brown agreed the use should be on a more limited basis. An occasional trip should not
create problems.
Councilmember Stover stated she would appreciate it if this would go back to the Planning
Commission given the inaccuracy of the survey.
Planning Director Nielsen stated the Planning Commission's action was based on the driveway
being relocated ten feet to the north.
Councilmember Garfunkel stated it seems like a reasonable use. He didn't know how a condition
could be placed for occasional use and how it could be enforced.
City Attorney Keane stated it could be a condition. The less ambiguous the condition, the better.
He stated the term occasional is very ambiguous.
0 Councilmember Stover asked if a condition could be placed stating it only be used for boat storage
• CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 13,1999 - PAGE 6
City Attorney Keane stated it could.
Bill Dickson, 26245 Birch Bluff Road, stated the purpose of the garage is to store a classic car and a
boat. The car would only be used a few times during the summer. He stated the majority of the
driveway is on his property. The next door neighbor is aware of the situation and agrees to
landscape the area.
Councilmember Stover stated the concern is not Mr. Dickson's use but the use by a future property
owner.
Mayor Love asked when construction is proposed.
Mr. Dickson stated he would like to begin as soon as possible.
Mayor Love stated he doesn't feel prepared to act on this item this evening.
Councilmember Garfunkel stated it has to be viewed as if it would have daily use. He stated the
safety issue is more of a concern for the purpose coming out of the driveway.
Garfunkel moved, Zerby seconded adopting RESOLUTION #99-075, "a Resolution
Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet for
. William Dickson, 26245 Birch Bluff Road." Motion carried 4-1. (Councilmember Lizee was
the dissenting vote.)
Councilmember Lizee stated she preferred the location in use. She asked if it would be possible to
get a variance and easement from the neighbors. She was very concerned about the sight lines and
removal of additional vegetation.
Planning Director Nielsen stated he didn't believe a variance in terms of the building location was
necessary. He didn't believe the City could require an applicant to acquire additional property and
get an easement to use the property not on his property.
City Attorney Keane stated it would be a difficult condition to impose.
Councilmember Stover asked if long term storage would be reasonable. City Attorney Keane
agreed it would be reasonable.
Councilmember Garfunkel stated the issue is traffic. He had a hard time trying to limit use of the
property.
Mayor Love agreed it would be difficult to place conditions that would be difficult to enforce.
Planning Director Nielsen stated it can be added to the building permit application.
Councilmember Zerby asked if staff is recommending approval of the motion.
Planning Director Nielsen stated in the affirmative.
CITY COUNCIL REGULAR MEETING MINUTES
• SEPTEMBER 13,1999 - PAGE 7
Motion carried 4-1.
7. GENERAL
A. Consideration of a Motion to Adopt a Resolution Approving the 2000
Preliminary Budget and Proposed 1999 Property Tax Levy
City Administrator Hurm stated once a limit on the levy amount is set it cannot be raised.
Garfunkel moved, Lizee seconded to approve Adopting RESOLUTION #99-076, "A
Resolution Approving the 2000 Preliminary Budget and Proposed 1999 Property Tax Levy."
Motion carried 5-0.
B. Consideration of a Motion to Adopt a Resolution Establishing a Date and Time
For the Truth in Taxation Public Hearing
City Administrator Hurm stated that Monday, December 6, 1999 at 7:15 p.m. has been suggested
for the Truth in Taxation Hearing with the continuation hearing on Monday, December 13, 1999 at
7:15 p.m.
Zerby moved, Stover seconded to approve Adopting RESOLUTION #99-077, "A Resolution
Establishing a Date and Time for the Truth in Taxation Public Hearing." Motion carried 5-
0.
• Stover moved, Zerby seconded to hold regular City Council meetings at the same time.
Motion carried 5-0.
C. Consideration of a Motion to Establish a Tax Rate Hearing
City Administrator Hurm stated this is a new requirement from the State to hold a tax rate hearing
before October 15. He suggested it be held September 27 to allow time for an article in the
newspaper.
Garfunkel moved, Stover seconded Establishing a Tax Rate Hearing on September 27,1999.
Motion carried 5-0.
D. Discussion with Police Chief Bryan Litsey About 1998-1999 Snowmobile
Season
Chief Bryan Litsey discussed snowmobile activities for 1998-1999 and referenced a report
submitted by the Shorewood officer. He noted the season was sporadic. He distributed a list of
complaints received in Shorewood related to snowmobiles on the LRT. He also reviewed the hours
spent on the trail. He asked the Council for input on what they would like to see this season as far
as reports. He stated he has reapplied for two grants from the DNR and Cops Overtime.
Councilmember Lizee asked if there is a correlation between the complaints and issuance of
citations.
• Chief Litsey stated the issuance of citations and complaints coincide with snowfall.
CITY COUNCIL REGULAR MEETING MINUTES
• SEPTEMBER 13,1999 - PAGE 8
Chief Litsey stated the enforcement level will remain constant and level off with some slight
fluctuation.
E. Consideration of a Motion Authorizing Submittal of a 1999-2000 Winter Trail
Activities Permit
Councilmember Stover believed there is outdated information on the proposed permit.
City Administrator Hurm reported on the information in the last year's permit. He stated each year,
the City has to apply to Hennepin County for use of the trail during the winter months. Uses must
be defined, and certificates of insurance must be provided. He identified uses on the trail. He
asked if snowmobiling should be included and the suggested horseback riding. He stated it was
noted horses are not acceptable at any time.
Councilmember Stover stated she -would like to see the snowmobile aspect of this seriously
considered. She didn't believe the Park Commission has even looked at this permit. She suggested
a public meeting be held for residents along the trail as well. She also discussed the work done by
the task force.
Mayor Love discussed complaints he's received relating to late night use of the trail. He also
wondered if there are some interim or short term solutions. He understood the need for a public
meeting.
. Councilmember Lizee believed it would be fair to invite abutting residents of the trail.
Councilmembers discussed distance requirements for public hearings
City Attorney Keane noted in this case, the City would be on their own and should use their best
judgment.
Councilmembers discussed who should be invited, how they should be notified of the meeting, and
the importance of a public meeting.
Councilmember Lizee suggested if a meeting were held, it be identified as an LRT Abutting
Property Owner neighborhood meeting.
Mayor Love suggested residents also be permitted to send their concerns in written form if they are
unable to attend the public meeting.
Stover moved, Garfunkel seconded to hold a public meeting for those residents abutting the
LRT Trail.
Mayor Love noted residents would also be invited to send in written comments. City Administrator
Hurm suggested Monday, October 4 as the date for the meeting. Chief Litsey stated a
representative of the SLMPSD could also be in attendance. Motion carried 5-0.
Motion carried 5-0.
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CITY COUNCIL REGULAR MEETING MINUTES
• SEPTEMBER 13,1999 - PAGE 9
Lizee moved, Stover seconded to continue discussion of the trail permit application to the
October 11,1999 City Council meeting. Motion carried 5-0.
Councilmember Stover asked how often horses were on the trail when they were permitted. Mr.
Laurila stated he occasionally saw other horses on the trail for a total of three owners.
Councilmember Stover asked what other trail activities would be in conflict with the horses. Mr.
Laurila didn't believe any other use would be in conflict. He stated he didn't understand what the
problem is since there aren't any complaints about horses on the trail.
F. Consideration of a Motion to Adopt a Resolution Regarding Participation in
the Metropolitan Council's Livable Communities Act
Administrator Hurm stated the Metropolitan Council has provided information on the Livable
Communities Act. They have asked a resolution be adopted regarding Shorewood's participation.
He stated the resolution from last year has been updated. He asked if the Council is prepared to
address this now or if someone from Metropolitan Council should attend and discuss the issue.
Councilmembers decided that would not be necessary.
Administrator Hurm reviewed additions to the resolution which would include issues identified in
the Comprehensive Plan.
Councilmembers discussed working closely with the Metropolitan Council.
• Stover moved, Lizee seconded Adopting RESOLUTION #99-079, "A Resolution Approving
Participation in the Metropolitan Council's Livable Communities Act." Motion carried 5-0.
Councilmember Zerby was concerned whether the goals identified are the goals of the City
Council. He was also concerned about the identification of a senior housing site analysis.
Planning Director Nielsen stated it was discussed at the Planning Commission level, and they are
recommending it be updated.
G. Consideration of Motion Regarding Rule B Funds
Administrator Hurm reviewed meetings held regarding Rule B Funds. He stated the first step
would be to send a letter requesting Rule B Funds be released for the purpose of undertaking
preliminary design, wetland delineation, etc. for the project.
Engineer Brown stated the watershed district has been directed to provide funds to cities if
requested.
City Administrator Hurm stated the exact amount has not been determined.
Garfunkel moved, Zerby seconded Directing Staff to Send a Letter to the Watershed District
Requesting Rule B Funds. Motion carried 5-0.
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CITY COUNCIL REGULAR MEETING MINUTES
• SEPTEMBER 13,1999 - PAGE 10
H. Consideration of an Ordinance Amending Chapter 302 - Sale of Tobacco &
1301 - Establishing Fees and a Resolution Authorizing Summary Ordinance
Publication
Administrator Hurm stated Council had directed staff to conduct a survey of tobacco licensees in
the community to identify their opinion on what age should sell tobacco products. He discussed
preference of charging a fee or requiring classes for violators.
City Attorney Keane stated he received input that Hennepin County has adopted an ordinance
prohibiting the sale of tobacco products from vending machines.
Councilmember Garfunkel stated he would prefer 18-year-olds selling tobacco products rather than
16-year-olds.
Garfunkel moved, Lizee seconded approving ORDINANCE #356, "An Ordinance Amending
Chapter 302 - Sale of Tobacco & 1301- Establishing Fees" and Adopting RESOLUTION #99-
0783, "A Resolution Authorizing Publication of a Summary Ordinance."
Mayor Love asked for discussion on the age limit for selling cigarettes. Councilmembers discussed
limiting the sale of cigarettes to a minimum of 18-year-olds.
Councilmember Zerby stated he didn't feel comfortable moving on this ordinance without input on
the new Hennepin County ordinance and a comparison of what other cities charge as fees.
• Mayor Love asked how often compliance checks will take place.
Chief Litsey stated they take place annually, and business owners are notified in advance they will
take place.
Mayor Love asked how much officer time is spent.
Chief Litsey stated a considerable amount of time is associated with the compliance checks.
Lowell Day, 25 Pleasant Avenue, representing the American Legion, stated a remote control
vending machine is in use currently. He stated the machine will be removed if, in fact, the County
ordinance is in effect. He asked if it could remain because it is a remote control machine.
Mayor Love asked if the City would have the ability to override the County.
City Attorney Keane stated it cannot.
Mr. Day stated he is not opposed to the $250 license fee. He stated they haven't paid any fees since
1990.
Council members concurred the legal system could handle the hearing officer responsibilities.
They also discussed penalties for violators. Education the first offense and a fine the second
offense. $250 was determined as the license fee.
Motion carried 4-1. (Councilmember Zerby voted against the motion.)
CITY COUNCIL REGULAR MEETING MINUTES
• SEPTEMBER 13,1999 - PAGE 11
Mayor Love recessed the meeting at 9:20 p.m. and reconvened the meeting at 9:30 p.m.
I. A Motion to Adopt a Resolution Approving a Conditional Use Permit for
Installation of PCS Antennas
Applicant: APT Minneapolis, Inc. (Aerial Communication)
Location: 26352 Smithtown Road (Water Tower at Minnewashta
School)
Councilmember Lizee was concerned about the wave length ridge being buried.
Planning Director Nielsen stated it would be buried.
Michael O'Rourke, APT Minneapolis, asked that staff should be instructed to complete the lease on
the site. He believed a reasonable time period would be two weeks.
City Attorney Keane stated it would be brought back to the City Council two weeks from now.
Lizee moved, Stover seconded Adopting RESOLUTION #99-075, "A Resolution Approving a
Conditional Use Permit for Installation of PCS Antennas for APT Minneapolis, Inc. (Aerial
Communication), 26352 Smithtown Road." Motion carried 5-0.
J. A Motion to Adopt a Resolution Approving a Conditional Use Permit for
Multi -Purpose Building at Freeman Park
• Councilmember Lizee asked if the design on the wall is the actual proposed design.
Zerby moved, Lizee seconded Adopting RESOLUTION #99-080, "A Resolution Approving a
Conditional Use Permit for Multi -Purpose Building at Freeman Park." Motion carried 5-0.
K. A Motion to Adopt a Resolution Approving a Conditional Use Permit and
Setback Variance for a Substandard Shoreland District Lot
Applicant: Patrick & Victoria McConnell
Location: 4300 Enchanted Drive
Councilmember Lizee asked if lakescaping or lakeshore plantings would be done.
Planning Director Nielsen stated the applicant has agreed to look into DNR suggestions for
landscaping.
Lizee moved, Stover seconded Adopting RESOLUTION #99-081, "A Resolution Approving a
Conditional Use Permit and Setback Variance for a Substandard Shoreland District Lot for
Patrick & Victoria McConnell, 4300 Enchanted Drive." Motion carried 5-0.
8. ENGINEERING/PUBLIC WORKS
A. Consideration of a Motion to Adopt a Resolution Authorizing Execution of a
Cooperative Agreement with MN/Dot for TH 7 Access Closures
n
CITY COUNCIL REGULAR MEETING MINUTES
. SEPTEMBER 13,1999 - PAGE 12
B. Consideration of a Motion Accepting Bids and Awarding Contract - Project
no. 9804, TH 7 Access Closures
Engineer Brown reviewed access closures and intersection improvements for TH 7. He also
discussed a proposed cooperative agreement with MN/Dot and who would be responsible for the
project costs. He discussed negotiations with property owners for acquisition. He noted meetings
have been held with MN/Dot and State aid engineers as late as this afternoon to negotiate the
project. An agreement has been drafted and presented for consideration. Bids were received, and
Hardrives was the lowest responsible bidder. The State will fund the majority of the project. MSA
funds will pay for the balance.
Councilmember Zerby was concerned about the additional lane on Eureka Road.
Engineer Brown stated closure would definitely impact the traffic on Eureka Road. He discussed
the need to limit the pressure of traffic by getting westbound traffic away from the intersection
through the use of a right turn lane.
Councilmember Zerby asked if there has been enough public exposure to these changes.
Engineer Brown stated there were a number of open houses to discuss the closures.
Lizee moved, Stover seconded Adopting RESOLUTION #99-082, "A Resolution Authorizing
the Mayor and City Administrator to Execute the Cooperative Agreement with MN/Dot
(#79330)." Motion carried 5-0.
Lizee moved, Stover seconded Adopting RESOLUTION #99-083, "A Resolution Accepting
Bids and Awarding Contract to Hardrives, Inc. for an amount not to exceed $197,707.50 -
Project No. 9804, TH 7 Access Closures." Motion carried 5-0.
C. Consideration of a Motion Accepting Bids and Awarding Contract - Project
No. 9910,1999 Overlay Projects
Engineer Brown reviewed bids received. The low bidder was DMJ Corporation at $63,529.09. It
will be a joint project with the City of Greenwood. He recommended the bid be awarded.
Garfunkel moved, Stover seconded Adopting RESOLUTION #99-084, "A Resolution
Accepting Bids and Award Contract to DMJ Corporation for an amount not to exceed
$63,529.09 - Project No. 9910,1999 Overlay Projects." Motion carried 5-0.
9. REPORTS
A. Administrator & Staff
i. Attorney's Report on Gysland Property, 4812 Ferncroft Drive
City Attorney Keane stated service was perfected on Mr. Gysland on August 24, 1999. The district
court was contacted today to request a hearing date to order repair or removal of the structure. The
City Administrator will advise the Council when a date has been scheduled.
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CITY COUNCIL REGULAR MEETING MINUTES
• SEPTEMBER 13,1999 - PAGE 13
Councilmember Zerby asked what the status is on the billboard issue at Gideon Woods.
City Attorney Keane stated there has been a delay with the billboard removal. It was found the
homeowners' association is not in good standing with the State. It will create a two week delay to
get them back in good standing.
ii. Discussion of the Status of a Watermain Route Through Freeman Park
or Eureka Road
Engineer Brown stated one of his goals is to get an ample amount of time in the design process to
make sure everything works. He stated the question is where the watermain will be located.
Mayor Love stated he would feel better if the process would begin and the letter be sent to residents
on Eureka Road.
Councilmember Lizee stated the watermain extension can be brought to the Council by either
petition or direction of the Council. She stated they need to really look at the economics. She
didn't agree that if the City doesn't get a petition, it will be brought through the park.
Councilmember Stover believed the decision should be based on economics, good planning, and
the engineering input. If it costs the same, there will be no one to assess if it goes through the park.
She stated she would like to have cost estimates.
• Councilmember Garfunkel stated cost estimates were made available. Going through the park
would be a "wash," while going down Eureka would open up a can of worms.
Engineer Brown stated it is one of the toughest alignments. You wouldn't get the total benefit
going through the park.
Councilmembers discussed the proposal.
Engineer Brown stated his goal is to get approval to do a survey and start the planning process.
There is time to proceed.
Administrator Hurm reported there will be a second housing meeting on September 23, 1999 for
lake area communities at 7:30 a.m. at the Southshore Center. He stated he has been asked to attend
an after school session for ninth graders at the high school to talk about government involvement
Engineer Brown stated he has placed calls requesting the City of Deephaven sign be moved.
Planning Director Nielsen reported work has begun on Shorewood Ponds. Engineer Brown stated
utility excavations will begin in the near future.
Councilmember Lizee asked for an update on Smithtown Road right-of-way options. City Attorney
Keane stated his legal assistant will begin work on it right away.
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• CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 13,1999 - PAGE 14
B. Mayor & City Council
i. Report on Fire Department Review Committee Meeting held August 31,
1999
Mayor Love stated he attend the Fire Department Review Committee Meeting which was held on
August 31, 1999. City Administrator Hurm stated a representative from the fire and rescue training
center will address the group on September 14, 1999.
10. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS
Garfunkel moved, Lizee seconded adjourning the regular meeting to Executive Session at
10:25 p.m. subject to the approval of claims. Motion passed 5-0.
Respectfully submitted,
Clare T. Link
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