111097 CC WS Min
.
.
.
'.
CITY OF SHOREWOOD
WORK SESSION MEETING
MONDAY, NOVEMBER 10, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
IMMEDIATELY FOLLOWING
REGULAR MEETING
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Dahlberg called the meeting to order at 9:13 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover and O'Neill; City Attorney Dean;
Administrator Hurm; Engineer Larry Brown; Planning Commissioner Turgeon
Absent:
Councilmembers McCarty and Garfunkel
B . Review Agenda
The agenda was approved as presented.
2. DISCUSSION ON FURTHER PURSUIT OF ADMINISTRA TIVE
SANCTIONS WITH REGARD TO TREE PRESERVATION POLICY
City Attorney Dean explained a draft ordinance which was provided to the Council. He noted this
ordinance could also apply to nuisance type violations such as snowbirds, parking violations, junk
vehicles and open burning.
Attorney Dean explained that upon a violation, notice would be given to the violator requiring them
to pay the administrative penalty within seven days of the notification of the violation. If the
violator fails to pay the penalty within that period of time, a late charge could be imposed. It was
contemplated the penalty for violation of the tree preservation policy would be approximately $500
per violation.
Anyone wishing to have their case heard, would have the right to have a hearing before a hearing
officer. The hearing officer would be the City Administrator or someone designated by the City
Administrator.
Attorney Dean felt this had been a harsh reaction to a problem which the City was experiencing last
summer which may have been resolved through a more hands on developer monitoring approach
which appears to have been successful.
Attorney Dean recommended this be considered as a part of a more broad based administrative
sanction approach rather than being only related to the tree preservation policy. He felt the urgency
for such an ordinance has passed.
Councilmember Stover was not in favor of the violations being determined by a City staff person
and a determination relative to the violation being made by a hearing officer who is also a City staff
person. Mayor Dahlberg suggested the hearing officer be an elected official such as a
councilmember.
.
.
.
..
CITY COUNCIL WORK SESSION MINUTES
NOVEMBER 10, 1997 - PAGE 2
Councilmember Stover noted when complaints are issued, the person the complaint is issued
against has the right to come before the full Council for an appeal. Attorney Dean explained that
under the current process, there would be no right to an appeal once a decision has been made by
the hearing officer.
Councilmember Stover noted the existing policy may not become the ordinance since it is coming
before the Planning Commission for their review and recommendations. Attorney Dean noted the
Tree Preservation Policy has been incorporated by reference into the ordinance and at this time the
enforcement of this provision needs to be determined.
Attorney Dean felt the development monitoring process appears to be working and there are
effective ways to deal with the concern such as requiring more penalties, bonds, letters of credit as
well as escrows. He felt those options should be pursued first.
Engineer Brown felt the existing policy should be modified so it is more enforceable. He felt the
policy should be reviewed by Planning Director Nielsen and the Planning Commission and their
recommendations then be taken into consideration.
Mayor Dahlberg stated he is uncomfortable with the sanction process unless there is some sort of
appeal process available. Attorney Dean noted the only appeal process available would be to
challenge the decision in the Court of Appeals.
Councilmember O'Neill inquired whether the funds collected through administrative sanctions
could be deposited in funds other than the general fund. Attorney Dean stated it could be put into
other funds, however, it may be easier to deposit into the general fund which allows for transfers
as various needs arise.
Councilmember O'Neill was in favor of reviewing this matter after the Planning Commission has
completed their review and submitted their recommendations.
3. ADJOURNMENT
Stover moved, O'Neill seconded to adjourn the City Council Work Session
Meeting at 9:40 p.m. Motion passed 3/0.
RESPECTFULL Y SUBMITTED,
Cheryl WalIat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
.~
YOR
()