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090897 CC Reg Min ~. . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, SEPTEMBER 8, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen; Finance Director AI Rolek B. Review Agenda Mayor Dahlberg read the Agenda for September 8, 1997. Councilmember Stover requested the addition of a temporary sign permit as Item No. 12B to the agenda. It was noted consideration of Item No.5 will be postponed upon the request of the applicant. Item No. 13D, to discuss consideration of a meeting date with the City of Excelsior, was added to the agenda. The agenda was approved as amended. 2. APPROVAL OF MINUTES A . City Council Work Session Minutes - August 18, 1997 McCarty moved, O'Neill seconded approving the City Council Work Session Minutes for August 18, 1997, as submitted. Motion passed 4/0. (Councilmember Stover abstained.) B. City Council Regular Meeting Minutes - August 25, 1997 Garfunkel moved, Stover seconded approving the City Council Regular Meeting Minutes for August 25, 1997, as submitted. Motion passed 4/0. (Councilmember O'Neill abstained.) C . City Council Work Session Minutes - August 26, 1997 McCarty moved, Garfunkel seconded approving the City Council Work Session Minutes for August 26, 1997, as amended on Page 3, Sentence 1, change "teen" to "team." Motion passed 4/0. (Councilmember O'Neill abstained.) .REGULAR CITY COUNCIL MEETING ~ SEPTEMBER 8, 1997 - PAGE 2 3. CONSENT AGENDA .. Stover moved, McCarty seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A Motion to Approve an Extension for Deadline to File a Final Plat - Smithtown Woods Applicant: Location: Clint Carlson 25895/25865 Smithtown Road Motion passed 5/0. 4. MATTERS FROM THE FLOOR . Greg Larson, 25535 Orchard Circle, commented on the proposed Evan Meline development. He stated he received a notice from the Watershed District regarding a neighborhood meeting which has been set relative to this project. The notice indicates the project has received preliminary approval from the City and Mr. Larson expressed concern this project will be approved without the concerns which were raised at the previous Council meeting being addressed. Mr. Larson raised concern relative to the current flood plain elevations and stated it is the responsibility of the City to set those elevations. He expressed his belief the City has not taken this matter seriously and requested a neighborhood meeting relative to the issues surrounding a flood plain determination. Mayor Dahlberg asked if there is a reason why this determination has not been made. Brown stated he has been in contact with the Watershed District and a notice of public hearing was sent by the Watershed District which states preliminary approval has been made. Brown explained there was originally a plan which was approved in a preliminary fashion by the City and additional information was requested. Mter that point, staff discovered some discrepancies in the plan and the City approval was revoked. Brown received a notification from the Watershed District, as a part of the permit, which indicates "project review status by other governmental agencies waiting for final city approval." In addition Brown questioned the Watershed District on why a notice had been sent stating approval had been given when it had not. Brown emphasized final approval has not been given to this plan. The City is questioning the flood plain and surveyors will be on the site determining the flood elevation. . Councilmember O'Neill requested the Council conduct an informational hearing on September 22, 1997, prior to the regular City Council meeting for the purpose of hearing comments from the public and to explore the authority the Council has and what actions, if any, would be appropriate. Councilmember O'Neill reported the applicant has admitted to altering documents which were signed off on by a licensed engineer. In addition, he has moved the stakes for the delineations. Councilmember McCarty noted her agreement with Councilmember O'Neill and stated she does not like to see the integrity of the staff and Council impugned and she believes the procedures are being followed properly. Councilmember O'Neill voiced his agreement and felt this to be a matter of the Watershed District misinterpreting a statement which was made approximately one year ago relative to preliminary approval. . REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 3 . Mayor Dahlberg inquired whether there are processes or management methods which could be used which would avoid this type of confusion. Mr. Larson stated when concerns are brought to the Council, they have been thoroughly researched by the residents and there are major areas of conflict between what is heard and what he has found in a review of the Watershed District files. Mr. Larson commented there is a note in the Watershed District files which indicates the project is "essentially in line for City approval." Councilmember Stover noted this does not mean approval has been given. Councilmember O'Neill stated that is the Watershed District's interpretation of a letter and is not necessarily fact. Councilmember O'Neill noted he will be attending a meeting of the Watershed District on September 11 th and he will be asking that the matter be tabled given the concerns which the City needs to have addressed. O'Neill moved, McCarty seconded scheduling an informational hearing for September 15, 1997, at 7:00 p.m. regarding the Evan Meline project. Motion passed 5/0. Mayor Dahlberg noted at the conclusion of the informational hearing, the Council will convene in a work session format. Brown explained the Watershed District was informed the City will be doing survey data for determining the flood plain more officially. It was his hope the Watershed District would table this matter until such time as those answers come back. A response has not been received from the Watershed District. . Mayor Dahlberg questioned whether the process followed by the Watershed District and the City needs to be improved. Councilmember O'Neill felt it to be the process followed by the Watershed District which needs to be improved. He explained the Watershed District makes comments regarding actions being taken by the City and noted the Watershed District does not have a representative in attendance at the meetings so that they do not have an accurate account of the process followed by the City. City Attorney Dean suggested the Council give consideration to a resolution requesting the Watershed District defer action on this matter pending the outcome of the engineering study which has been commissioned since the results of that study may be relevant to this matter. Attorney Dean explained the resolution would state that the Council has become aware that this Thursday the Watershed District has on its agenda consideration of an application for approval relative to the tract of land being discussed, and in that connection, the City of Shore wood has recently commissioned an engineering study dealing with a number of the wetland and flood plain related issues impacting on that land which the City believes would be relevant to the Watershed District's determination. The results of that study should be available within 10 days. The City believes it would be appropriate and in the best interests of the decision making process for the Watershed District to defer action on the matter before it until such engineering study has been completed and is available for their review. O'Neill moved, McCarty seconded adopting RESOLUTION NO. 97-72, "A Resolution Requesting Minnehaha Creek Watershed District to Delay Consideration of Application for Permit." Motion passed 5/0. . 'REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 4 .. Bob and Bryn Wick, 5590 Harding Lane, stated they have lived on the LRT for five years. In December of 1994, Mr. Wick was walking his dog on the trail when a snowmobile traveling a~P!oxim~t~ly 60 to 70 mph app~oach.ed. Mr. Wick jum~d from the trai~, however the dog was cntIcally Injured. The snowmobIler did not stop, but contInued on the traIl. A police report was made. Mr. and Mrs. Wick noted they also utilize the trail for snowmobiling and felt that 70 percent of the riders on the trail are law abiding, however approximately 30 percent make hazardous use of the trail. Mr. Wick noted one snowmobiler who was stopped during the past season did not even believe there to be a speed limit on the trail. They also commented there are riders on the trail as late as 2:00 or 3:00 a.m. Mayor Dahlberg asked Mr. Wick for his input relative to the appropriate speed limit for the trail. Mr. Wick felt it would probably be best to ban snowmobiles from the trail given the number of pedestrians who use the trail. He also felt a speed limit of 20 miles of hour to be difficult given the snowmobiles which are manufactured today, and he felt 10 mph would be impossible to enforce. . Mrs. Wick felt conduct on the trail improved in the previous season, however, she noted the evening, after dark hours to be the most dangerous. Mrs. Wick felt any motorized vehicle over a particular horsepower should be regulated by the State much the way motorcycles and automobiles are regulated. Ingrid Schaff, 25605 Smithtown Road, stated in 1994 when the Grant-In-Aid funding was being received relative to the LRT, it was illegal for pedestrians to be on the trail. The 1996/1997 season was the first year in which pedestrians could legally use the trail due to the loss of the Grant-In-Aid funding. Ms. Schaff stated according to Grant-In-Aid, there is a statute which says there may be mixed use on a trail, but there must not be both at the same time. Ms. Schaff stated she was a member of the Snowmobile Task Force and noted when incident records were requested from the Police Department, there was no record of the accident which had occurred involving the Wicks' dog. Ms. Schaff reported on injuries and deaths which occurred during the previous seasons in various municipalities. Ms. Schaff explained snowmobilers are not required to have a drivers license or liability insurance. She noted there are currently changes being implemented in which DUl's which occur through the use of snowmobiles will be reflected on driver license records. Ms. Schaff asked what type of communication plan the Council plans to use relative to the safety hazards of being on the trail with mixed use. She had understood the Council intended to meet with all of the residents whose property abuts the trail and asked why this has not been done. Councilrnember O'Neill felt the residents have had numerous opportunities over the years to provide input relative to this issue. Ms. Schaff stated she raised questions in February relative to the snowmobile issue and to date they have not been answered. Mayor Dahlberg asked for a list of the questions and assured he will provide a written response. 5. PLANNING - Report by Representative . Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of September 2, 1997, (as detailed in the minutes of that meeting). .. . . 'REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 5 A Motion to Adopt a Resolution Approving a Simple Subdivision Applicant: Peggy Greer, represented by Michael Greer Location: 6045 Chaska Road ** This item was removed from the agenda. ** 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION, DECLARING ADEQUACY AND ORDERING PREP ARA TION OF A FEASIBILITY REPORT - SOUTH BORDER WATERMAIN EXTENSION Mr. William Gotschall, 27980 Smithtown Road, was present and raised questions relative to the cost of the project and the amount of deposit which would need to be made prior to the City performing a study. Mr. Rummler was also in attendance. Mr. Gotschall informed the Council that Mr. Fox is willing to give the petitioners a utility easement to allow a hook up to the watermain on Smithtown Road. Mr. Gotschall asked if the petitioners would be charged $5,000 for the watermain in addition to the $5,000 assessment for each property. He noted it is not his intention to connect to municipal water, but would like to have the ability to connect if he were to encounter problems with his well during the winter months. Mayor Dahlberg stated a cost based policy is used and the minimum cost would be $5,000. Brown clarified there is a connection charge plus any additional charges. Mr. Gotschall noted Mr. Fox has already been assessed $5,000, and inquired whether he would be reassessed for this project. Brown explained he would be assessed for this project, but he would be credited the amount which had been previously assessed. Mr. Gotschall questioned whether there will be a requirement to hook up within a specified period of time. Councilmember Garfunkel commented the 15-year break even analysis is based on the water charges which are obtained over that period of time. Councilmember O'Neill noted he is opposed to the 15-year break even period. Rolek explained if the petitioner does not hook up, he would not be billed for water usage. Mr. Gotschall requested a feasibility study be prepared. Brown explained staff will present an agreement to the petitioners for their consideration along with the feasibility costs. If the deposit is made, staff will move forward in the preparation of a feasibility report. A deposit would be required for preparation of design plans. Once the design has been accepted, the project would be let out for bids. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-73, "A Resolution Accepting a Petition, Declaring Adequacy and Ordering Preparation of a Feasibility Report - South Border Watermain Extension." Motion passed 5/0. . . . 'REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 6 7. CONSIDERATION OF ISSUES REGARDING SNOWMOBILES IN THE CITY A . A Motion to Direct Staff to Submit a Winter Use Permit to Hennepin County for the LRT Trail Councilmember McCarty commented she would propose passing the permit and striking the word "snowmobiles," however, she did not feel it would be fair to do that without further discussion and without obtaining input. She suggested the permit be passed as written and the speed limit issue be tabled. Councilmember McCarty suggested the Council meet in a work session as soon as possible to determine what would be an appropriate speed limit. She expressed her belief snowmobiles should not be on the trails, noting other motorized vehicles are not permitted. Councilmember Stover recalled since the trail was acquired, motorized vehicles have never been allowed on the trail. She expressed concern about mixed used. Councilmember Stover was not in favor of a side trail and felt the LRT should be used for pedestrians. She did not feel it reasonable to attempt to mix these uses on a trail the size of the one which currently exists. Councilmember Stover noted the most current task force was the ninth task force to consider this matter. Mayor Dahlberg stated if it is true that speed cannot be controlled and at a safe level, there will probably be a change in everyone's position and snowmobiles will probably be banned. Councilmember Stover pointed out that history shows speed cannot be controlled on the trail, just as the speed of cars cannot be controlled on the city streets. Councilmember O'Neill noted the majority of the people utilizing the trail are not residents of Shorewood. He commented if snowmobiles are banned on the trail, they will be on the street where they will be mixed vehicular traffic. Mayor Dahlberg felt given enough time, there will be an accident on any trail or roadway. Councilmember McCarty did not feel the Council is doing their best to provide a safe environment for its citizens. Mayor Dahlberg did not get the impression from the police department that the trail presents a major safety issue. Councilmember Garfunkel stated he respects Councilmember McCarty's position, but he did not feel there to be a need to debate each person's position. Councilmember McCarty asked that consideration be given to conducting a surveyor a meeting with the people who live on the trail. Mayor Dahlberg was in agreement with conducting a scientific survey. Mayor Dahlberg recessed the meeting at 9:30 p.m. and reconvened at 9:42 p.m. Stover moved, McCarty seconded directing staff to submit a Winter Use Permit to Hennepin County for the LRT, deleting the word "snowmobile" from the request. Motion failed 2/3. (Mayor Dahlberg and Councilmembers O'Neill and Garfunkel were the dissenting votes.) Garfunkel moved, O'Neill seconded, directing Staff to submit a Winter Use Permit to Hennepin County for the LRT Trail. Motion passed 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 7 B. A Motion to Establish a Speed Limit for Snowmobiles on the Light Rail Transit (LRT) Trail . Councilmember O'Neill remarked it is the opinion of Chief Young that the judges will not enforce tickets unless they are for speed violations 10 mph in excess of the speed limit. He noted the trail is not used for recreational purposes, but rather as a way in which to reach other destinations. Councilmember O'Neill suggested lowering the current speed limit to 10 or 15 mph to enable the police officers to enforce a speed limit of 20 mph which is the point at which citations would be issued. Mayor Dahlberg stated he would support a speed limit of 15 mph and felt setting a limit of 10 mph may be setting the program up for failure. Councilmember Stover asked if the prosecuting attorney had been consulted relative to what speed he would or would not prosecute. She stated she would like to hear his policy in this regard. Councilmember McCarty would like to have the speed limit issue tabled until further information can be obtained. Brown commented if new signs need to be ordered, it will take approximately six weeks to receive them. McCarty moved, Stover seconded tabling consideration of establishing a speed limit for snowmobiles on the Light Rail Transit (LRT). Motion passed 3/2. (Mayor Dahlberg and Council member O'Neill were the dissenting votes.) Pat Arnst commented it may be interesting to learn how many citations in the previous season were contested and noted not all citations are contested and brought to court. . O'Neill moved, McCarty seconded tabling discussion of the snowmobile speed limit issue to September 22, 1997, and directing staff to obtain information relative to the prosecution of violations as well as the number of citations which were contested in the previous season. Motion passed 5/0. 8. CONSIDERATION OF A MOTION REAUTHORIZING SAFETY IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH Attorney Dean reported the City obtained an easement through operation of Minnesota Statute 160.05 which deems the City has that right given the fact the area has been occupied by the City for at least seven years. Attorney Dean stated there are two separate issues. One relates to the extent of the City's rights and the other is, from a design standpoint, where should the road be. Councilmember O'Neill asked if the road were to be moved out, would the City lose the easement permanently. Attorney Dean explained the extent of the easement is based upon where the road is shown and the retaining wall located. Some case law would suggest the easement is larger based on provisions for snow stacking and things of that nature. To the extent the City would retract from the present location, the City would lose it's right in approximately seven years. Mayor Dahlberg questioned whether the current design is the design the Council wants to maintain for safety reasons as well as restoring the Stubstad property which was damaged last year. . . . . 'REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 8 Councilmember O'Neill stated the wall has been in a state of disrepair in excess of 20 years and asked how much damage was done to the wall during recent construction. Brown noted the wall was in a state of deterioration and estimates it would cost approximately $2,000 to $2,500 to replace the wall. Councilmember Garfunkel questioned whether it is the City's responsibility to provide grading. He noted this issue was initially before the Council because it was suggested the City had encroached on the Stubstad property. It has now been determined the City has an easement. Mr. Stubstad stated the property remains unmaintainable and he felt this project should have been completed approximately a year ago. He stated if the city wishes to rely on the statute, this should have been done last year. He stated he was informed this date the City would rely on the statute and felt the Council to be showing a lack of concern as well as poor communication. Mr. Stubstad stated he is entitled to have the wall fixed and it is the responsibility of the City to resolve this matter. Mr. Stubstad commented he is disappointed this matter has gone on for this length of time and each time a compromise is reached, it is changed. Mr. Stubstad stated he will not waive his right to contest the easement later. He stated it is the City's burden to show it has been used for the prescribed time. Mayor Dahlberg noted Mr. Stubstad to be in agreement the easement is a separate issue at this point. Councilmember O'Neill stated the City owes the Stubstads an apology for the length of time this has taken. Councilmember O'Neill explained more information has come to the Council's attention and there will be issues relative to traffic on Eureka Road, the fact that Eureka Road is a collector street, the Highway 7 closures and the impact of the proposed senior housing development which will need to be considered. Mr. Stubstad felt he was being treated differently and unfairly. He also felt the safety concerns which are being raised to be selective. Mr. Stubstad expressed concern relative to the location of the stop sign. Councilmember O'Neill stated there are a number of proposals to address Mr. Stubstad's concerns. Mayor Dahlberg stated if the cost of the solution were more attractive to Council, perhaps the solution itself would be more attractive. Mr. Stubstad stated he will not grant an easement if there is not a provision in the solution relative to the retaining wall. Mayor Dahlberg moved to repair the wall, leaving the yard where it is today. Motion died for lack of a second. Councilmember Stover asked to what degree the wall would have to be repaired. Mr. Stubstad explained the wall would have to be built around the corner with grading and curbing on the Smithtown end. This would render the yard maintainable. Brown estimated for the wall, grading and installation of curb, the work would cost approximately $2,000. He noted all options to cost between $2,000 and $3,000. Councilmember McCarty felt since all options cost the same, the City should use Mr. Stubstad's recommendation. McCarty moved, Dahlberg seconded directing staff to meet with Mr. Stubstad to construct a wall, grading and curbing on the Smith town Road side not to exceed $3,000, subject to Mr. Stubstad's granting of a temporary construction easement for this purpose. Motion passed 5/0. REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 9 . Mr. Stubstad stated with respect to the easement, he is reserving his right to litigate this matter at a later date. 9. CONSIDERA TION OF A MOTION TO APPROVE THE 1998 LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED BUDGET Stover moved, McCarty seconded approving the 1998 Lake Minnetonka Communications Commission Proposed Budget. Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED DISTRICT Mayor Dahlberg explained he received a letter from Hennepin County Commissioner Mary Tamburino stating she will be offering a resolution to the Hennepin County Board of Commissioners on September 16th relative to oversight of the Minnehaha Creek Watershed District. Councilmember O'Neill noted the municipalities have various concerns relative to the Watershed District. Brown pointed out the resolution asks Hennepin County to take a look at the operation of the Watershed District. It was noted concerns raised by several of the other municipalities were not items Shorewood had experienced and those items were edited out of the resolution. Mayor Dahlberg stated the intention of the committee was to tailor the resolution to reflect each city's own experience. . McCarty moved, Garfunkel seconded adopting RESOLUTION NO. 97-74, "A Resolution Requesting County Assistance in the Oversight of the Minnehaha Creek Watershed District." Motion passed 5/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE 1998 PRELIMINARY BUDGET AND PROPOSED 1997 PROPERTY TAX LEVY Councilmember McCarty stated the amount which is being set at this time can be lowered, but cannot be increased. Mayor Dahlberg noted the City is obligated to set a tax levy rate by September 15, 1997. Stover moved, McCarty seconded adopting RESOLUTION NO. 97-75, "A Resolution Approving the 1998 Preliminary Budget and Proposed 1997 Property Tax Levy based on the work session which was held and subject to a public hearing which will be held." Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ESTABLISHING A DATE AND TIME FOR THE TRUTH IN TAXATION PUBLIC HEARING Wednesday, December 3, 1997, at 7:30 p.m., was established as the date and time for the Truth in Taxation public hearing. Thursday, December 11, 1997, was set as the continuation date, if needed. . REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 10 . McCarty moved, Stover seconded adopting RESOLUTION NO. 97-76, "A Resolution Establishing a Date and Time for the Truth in Taxation Public Hearing. " Motion passed 5/0. B. TEMPORARY SIGN PERMIT Councilmember Stover explained the Friends of the Southshore Senior Center are requesting a permit for a temporary sign announcing the ribbon cutting. The sign is smaller than the ordinance allows and would be up for four to five days and the ordinance would permit posting for seven. Garfunkel moved, McCarty seconded approving a temporary sign permit for the Friends of the Southshore Senior Center. Motion passed 4/0. (Councilmember Stover abstained.) 13. ADMINISTRATOR & STAFF REPORTS A . Staff Report on Development Monitoring Mayor Dahlberg requested Nielsen number the items on a memo he previously produced relative to Watten Ponds and depict those items by number on a map. He suggested this document be distributed to the neighborhood association for their information. Nielsen explained preliminary tree preservation plans are in and are being reviewed. Staff will begin issuing building permits by the end of the month. . Nielsen noted there is one site where a preliminary tree reforestation review has been requested. A large maple tree is located on the corner lot of the new street and Eureka. The tree preservation pIan for that lot initially suggested the tree would be removed. The builder has oriented the house in an attempt to save the tree, however, there will be points on the tree where the tree protection fencing will be closer than the drip line. Nielsen stated he has recommended the roots be saw cut in the areas where the tree protection fencing will be closer than the drip line and place the remaining tree protection fencing at the drip line. The alternative, which is not recommended, is to take down the tree per the original plan. It was Nielsen's recommendation that an attempt be made to save the tree. Marsh Pointe is proceeding and there have been no issues raised by Phil Tipka relative to tree protection fencing or erosion control. B . Report on Shoreline Suggestions Hurm reviewed the three suggestions which were left on the Shoreline. It was agreed all three suggestions will be referred to the Park Commission for their consideration. Mayor Dahlberg moved, McCarty seconded referring the suggestions received on the Shoreline to the Park Commission. Motion passed 5/0. C. Discussion on Cable Broadcast of Council Meetings Councilmember O'Neill would like to see more consistency in the airing of the Council meetings to make viewing as easy as possible. He stated he would like this to be a part of future negotiations. . . . . . REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 11 D. Discussion of Meeting with the Excelsior Council Hurm reviewed the possible dates to meet with the Excelsior Council to discuss MNDOT plans for Highway 7. Staff will work on finding an alternate date which is acceptable to both Councils. Brown reported Paul Kachelmyer of MNDOT has stated that a formal public information meeting will be scheduled to discuss improvements which have already been scheduled for Highway 7 which would include the cities of Victoria, Excelsior and Shorewood. The date of October 2. 1997, from 3:00 p.m. to 7:00 p.m. has been suggested, but not yet confirmed. 14. MA YOR & CITY COUNCIL REPORTS A. Mayor's Report on Meeting with Gideon's Woods Residents on August 30 Games Trust will dispose of the land quickly due to the liens which are on it and the association may want to take over the development if a reduction in the liens can be negotiated. The association has also entered into a contract relative to sign rental. A provision was included in the contract which would release the association from the agreement in the event the Council decides the sign may not remain. It was noted there is a work session scheduled for October 7, 1997, to discuss that amendment. B. Mayor's Report on Meeting with Lake Virginia Area Residents on September 6 Councilmember Garfunkel and Mayor Dahlberg met with the Lake Virginia Area residents and the residents asked about the water policy. The residents were not in favor of water, but were curious as to the policy and asked if the Council is aware of any potential problems with their wells. The condition of roads, curbs and gutters were discussed. Mayor Dahlberg suggested a review of the road repair and reconstruction schedule so the residents can be advised when this work is anticipated. Mayor Dahlberg noted there was interest and support for the Smithtown Road Trail. He commented if there is a strong majority in favor of a trail, it will probably happen. He noted the Park Commission is moving forward on this issue and the residents were advised to call the Commission with their input. The residents noted a problem with milfoil and asked if there is any assistance which would be available relative to this issue. Brown stated the DNR has a program in which they help out to certain levels and pick up specific costs. Mayor Dahlberg inquired relative to the strip of land adjacent to the lift station and asked whether this land would be available as a means of access to the LRT. Nielsen stated it may be undeveloped public right of way. Mayor Dahlberg asked that staff review this matter and it will be referred to the Park Commission for their consideration. The final issue which was discussed was the interest of the neighborhood in developing a stronger lake association. . . . . REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1997 - PAGE 12 C. Discuss Setting Open Forum Dates There were no open forum dates set. Councilmember O'Neill stated the traffic needs of the City remain to be considered, as well as a stormwater management plan. Brown stated this issue will not be addressed until the County has flown the area which is anticipated in spring of 1998. 15. ADJOURNMENT McCarty moved, Stover seconded adjourning the meeting at 11:24 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~~ KRIST STOVER, ACTING MAYOR