HomeMy WebLinkAbout03 15 1982MINUTES of
the Proceedings of tile City Council of the City of Prior Lake in the County of
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Scott and Stale of Minnesota, including all accounts audited by said Council.
March 15, 1982
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The Common Council of the City of Prior Lake met in regular session on Monday,
March 15, 1982 at 7:30 PM in the Council Chambers. Mayor Stock called the
meeting to order. Present were Mayor Stock, Councilmen Busse, Watkins,_
Thorkelson, Schweich, City Manager McGuire, City Engineer Anderson, City Planner
Graser, and Parks $ Recreation Director Mangan.
Mayor Stock asked everyone to please rise and pledge allegiance to the,flag.
The minutes of March 8,'1982 were reviewed.
iAINUTES
Motion by Watkins to approve the minutes of March 8, 1982 as presented, seconded.
be Busse and upon a vote taken it was duly passed.
,ARK`HYLAND
City Planner Graser then reviewed the request for the Mark Hyland Variance
VARIANCE APPEAL
Appeal.
Mark Hyland was present for comments.
Mayor Stock stated for the record that following should be considered:
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That Watersedge Trail is a narrow roadway and for the purpose of off street
parking and showing that he is going to 34 indicated he can get two
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cars in, which would improve the parking and storage in that area and that the
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neighbor.to the northwest/has not shown any objections to the `Planning
Commission or the Counci) as of this date.
APPROVE
Motion by Watkins to approve the Variance request of Mark Hyland as requested
VARIANCE
for the reasons as stated earlier, seconded by Schweich and upon a vote taken,
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it was duly passed.
r7EPURTS
The Police Report for the month of February, 1982 was reviewed.
APPROVE POLICE
Motiion by Thorkelson ; to approve the Police Report for the month of February,
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1982 as presented, seconded by 'Watkins and upon a vote taken it was duly passed.
The Fire & Rescue Repor "t for the month of February, 1982 was reviewed.
WPRUVE FIRE S
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Moti:on by Busse to approve the Fire 8 Rescue Report for the month of February,
RESCUE
1982 as presented, seconded by Thorkelson and upon a vote taken it was dul
passed.
APPROVE BUILDING
The Building Permit Report for the month of February, 1982 was reviewed.
PERMIT
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Motion by Watkins to approve the Building Permit Report for the month of
February, - as presented, seconded by Schweich'ah'&•Llon a vote taken it was
duly passed.
iAPPROVE DOG
The Dog Catcher Report for the month of February, 1982 was reviewed'.'
# CATCHERS
Motion by Busse to approve the Dog Catcher Report for the month of February,
1982 as presented, seconded by Thorkelson and upon a vote taken it was duly
passed.
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Mayor Stock stated that he had started to receive calls relative'to our Dog
Ordinance and that something should be placed,in the Prior Lake American
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reminding people of our City Ordinance.
Mayor Stock slated that there was one item that was not covered at last week's
meeting regarding a memorandum from Finance Director Teschner,.*relating to the
transfering, Administri.ti:on Costs for ' Investments to the General, Fund, he
very note- worthy that the interest that we gained in 1981 was
$416,413.64, Finance Director Ralph Teschner shoul'd'be congratulated on an
excellent effort put forth for getting our funds invested and getting the very
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,best -In returns.
Mayor Stock called the Public Hearing for Ed Dueffert - Road., Vacat ion to ordo•.
PUBLII HEARING -
The published notice was read. City Planner Graser reviewed the status of
O ED DUEFFERT 40AD
the roadway and 'the value to the City.
VACAT 100
City Planner Graser stated that by vacating this roadway we would not be land
Iock.ing or restricting access to any property"I directl north or west,l-
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MINUTES of
the Proceedings of the City Council of the City of Prior Lake in the County of
Scott and State of Minnesota, inc)uding,all accounts audited by said Council.
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therefore, staff does recommend vacation of the 10' by adopting Resolution
E2 -5.
Mayor Stock asked if there was anyone that would like to speak in opposition
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to the vacation
cation of the said roadway.
These were no comments:'
Mayor Stock then stated that for this hearing that there is no public need` �
for the property in question and that it does not restrict access or land-
lock any parcel, Resolution 82 -5 was then read.
=_ADOPT RES.
Motion by Watkins to adopt Resolution 82 -5 as submitted to;the Council, seconded
82 -5
by Busse and upon a vote taken it was duly passed.
ADJOURN
Motion by Watkins to adjourn the Public Hearing, seconded by Thorkelson and upon
PUBLIC HEAR
a vote taken this Public Hearin was adjourned.
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" Mr. Dueffert asked if it would be necessary for him to go through a lawyer.
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Mayor Stock stated that it would be his obligation to contact his own lawyer to
secure the right of th+s property.
LAKESIDE
ESTATE'S
Lakeside Estates - Conditional Use Permit was the next item on the agenda.
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CONDITIQJtA
Councilman Schweich asked'to be excused from the Council table because of
USE PERMIT
personal interest in this item.
Mayor Stock asked Mr: Cy Schweich if he had the site plan, topography and the
grade elevation available for the Council to review.
City Manager McGuire stated that the recommendation as for specifically,
a grading plan, cross section of the creek and the culvert size or the creek
section.
Mayor Stock then stated to Mr. Schweich that he would be permitted to make j
h1s presentation if he so desired, but the request for.,the Conditional Use
Permit would have to be continued, for the purpose that the Council will have
an opportunity to evaluate the requested information.
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Mr. Schweich had comments for Council and Staff.
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Mayor Stock asked that the following information e`
.g b marked as Council Exhibits,
memo dated March '15, 1982 from Schweich Construction be marked as Exhibit "A",
the Creek Cross section map marked as Exhibit "B", the site plan with the
colored in areas marked as Exhi,ait "C" and_the map as Exhibit "D ".;
Mr. Schweich asked why all of this is needed before the Conditional Use Permit `
Is
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City Manager McGuire stated- any information that the Council feels necessary
to judge whether or not a Conditional Use shoul.d,be granted can be required.
CONTINUATION
Mayor Stock then secheduled. -the continuation of the Lakeside Conditional,Us'ia
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OF THE LAKE
Permit for April 5, 1982 at 7:30 PM, contingent that all information is
SIDE CODIT
presented,, if eVerything is in order it will be scheduled for March 22, 1982.
PEkMIT TO
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APRIL 5th
Mayor Stock then asked for five minute recess.
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The meeting reconvened at -8:36 PM.
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CQ14TINUATION
Mayor Stock stated that this is a Continuation of an Informational Meeting that
OF INFORNAT.
was established jointl by the DNR and the City of Prior Lake, the subject is s'
MEETING DNR
the proposed DNR Public Access on Northeast Shore�Trall. The reason for the £,
PUBLIC ACCES.ineeting,
continuation was the need for further study and research. The order of this
will' be as follows; 1.' DNR Representatives will present their
findings the following; 'Lake
on other potential sites on Prior Zvirbu'lis --
Property, Overflow Parking area and acquisition thereof, 2. City Staff to
p.tesent their findings on the following; past Council action and policy relative
torpark Land in
question and:sa,fety asoects. 3. Brief questions, comments, or
statements from the public on the basis on the information presented at'toni'ghts
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'� y ' shoul,d . approve athe u request of assistingrandesupportingrandnot
rov Vd i_na_,Lan.ds; for the basic parking needs. ra
MINUTES
of the ,Proceedings of the City Council of the City of Prior Lake in the County of
Scott and Stake of Minnesota, iiic.ludii5y all accuunts audited by said COUnci
The Department of Natural Resources representatives that were,present were
Mike Markell, Access Supervisor; Scott Bracke, Landscaping Architect;
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Del Barber and Fred Fey Local Representative.
Mike Markel) reviewed inverse condemnation relative to the Zvirbulis
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property. He stated that he had talked with the Attorney General's office
and that he didn't feel that there was any basis for an inverse condemnation
action. He also reviewed the other potential sites.
Scott Bracke- discussed -the ,different Locations for the overflow parking_
areas and the various ways of buffering.
City Manager McGuire stated that he reviewed the minutes and other'information
relative to Sand Pointe Plat and the only pertinent items were, a memo from the
Planning Department which refers to the outlots in question, stating that the
outlots as shown will be parkland.and the other from the Park Director ,which
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stated that the 42 acres adjacent to Sand Pointe Beach will serve 2 purposes,
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it will expand a community facility to adequate size and allow for moving
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the parking lot out of the center of the ° beach area to a more accessible
area of Crest Avenue:
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Parks 8 Recreation Director Mangan reported on the safety aspects of having
an access within the the
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proximity of swimming beach area. In compil'ing the
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information needed hehad contacted Anoka County Parks System, Hennepin County '
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Park-Reserve District and the Ramsey County Parks Department. Within his
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findings of all the lakes /parks al] had accesses within 500 feet of their
swimming beach, ie: Ramsey County has 6 County Narks with swimir,ing beaches
and public accesses relatively close, Bald Eagle Lake in White 'Bear Lake has
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a public access 200 feet from their swimming,beach and serves 24 stalls for
parking. Lake JoAnna in Arden Hills has a public access 600 feet from the
swimming beach area, they accommodate 15 parking stalls, Snail Lake has a
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small public access 8 - 10 parking slots with the access wrt:Fin 150 Teet
from their swimming Beach. In Hennepin County Park Reserve there were three
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lakes that he talked about and they were Lake independence with a public
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access within 300 feet from the swimming area with parking lot for 50
vehicles and an overflow lot for 15, Medicine Lake with a public access within
300 feet of the swimming area with parking for 60 vehicles and on,Bryant 'Lake'
its currently in design for construction this year and will be 300 feet
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the swimming area. Out of all of these lakes and parks there was only one
major accident, which was that their buoys for swimming were out about 250 feet
and beyond the buoys they had a diving platform that was out an additional
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50 feet, one of the boaters was coming into the access and he cut between the
diving platform and the buoyed area. On the other lakes there has been no
accidents.
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Mayor Stock stated that on Thursday, March 1.1, 1982, Del Barber chaired an
informational "meeting on the DNR's access on'�Dewitte Avenue and its interest
in acquiring additional parking area. -At that meeting there were residents
from the neighborhood. There was a questiommnd answer sess -. and a
was made by the neighborhood. The people of this particular area along with
the users of the lake, indicated that one access is not sufficient for Prior.
lake and all admitted that regardless of where an access be put, there is
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bound to have some neighborhood opposition, however, their'concern is for the
DNR to acquire other access o accesses on Prior Lake.
Bryce Huemoelier an Attorney in Prior Lake, was present on behalf of Gary and
Nancy Zywotko. Mr. HU'emoeller passed, out a letter to the Council and asked
that itobe made part of the record. He then went over the letter.
City Manager McGuire stated that under.Chapter 3, Section 5 -3 -1, Land Use
Regulations, in the City of Prior Lake City Code Book it states: that under
R -1 Suburban Residential that Public Parks and Playgrounds are a permitted use.
He went on to say that a public access falls under that definition.
,-..Daryell
Hastings stated that he has been trying for a couple of years and the
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NR and Prior Lake have been trying for-8 years to put another public access
in on Prior Lake and that this is the closest that.we have been, he further
stated that at the meeting'`the other night someone h'ad stated that there was
an agreement that there would not be a launch site at i•he beach, he asked
he Council to clarify this if there is or isn!t an agreement.
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the people that are present. As a concerned sportsman, going over to the public
access at 4:30 in the morning and there 'isn't a place to park, he leaves and goes
over to Spring Lake, he feels that it is getting worse and something needs to be
done now, he commended the Council and the DNR for all the fine work that they
have done.
MINUTES
of the Proceedings of the City Council of the City of Prior Lake in the County of
Scott and State of Minnesota, including all accounts audited by said Council'.
City Manager McGuire stated that the beach itself would be preserved as a
swimming beach, according to past ,policy.
Dee Birch asked how much money all of this was going to cost, also last year
the access was not kept up.
Mike Markell answered her question regardi'ngthecost. He stated that the
Land Owners Bill of Rights, that restricts the public information on when the
DNR has an option on a piece of property they cannot disclose the price until
the property is either turned down, the option expires or the property'is
purchased. The money for the purchase of the property comes from the taxes on
cigarettes.
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De , I barber spoke in regards to the maintenance of the property,
Gale K ngberg spoke about the Watershed District, that everyone gets use out
of the lake, basically that all of Scott County is bailing out'the north end
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of Prior Lake on the Watershed deal and when it comes for the City to get an
access all of a sudden the lake home owners say "no, there is too much traffic ".
In regards to.the lady that spoke about the litter around 'rhe lake, the Prior.
Lake Sportsmen's Club go out and clean up the lake and that there was over a
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i cku truck full l of e
pickup garbage that they had picked up. If the access did go through .
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the chub would be willing to_help where the DNR couldn't.
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Cary Zywotko wanted ; to hear from Gord i e Ge l Kaye for the( , safety and the boats �:��_
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in the water: ;.
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Mayor Stock asked Mr. Gelhaye if he had any cculments that he would like to make.
Mr. Gelhaye stated that he had no comments, that he came to hear what everyone
had to say. He then made as few comments.'
Jeff Mueller he has lived in Prior Lake all of his Fife a'nd'that he
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enjoys using the Jake at the access that we have,, but many..times its crowded'fori
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the reasons that were stated tonO ht. He felt that if the .City of P'ri'or Lake's
support was needed for the DNR, he felt that the City should give the 'support.
Gary Zywotko'had questions and comments for the Council and Staff. One of the
questions was who,would; pay for water and sewer on Lot 19 once water and sewer is
connected_ out there.`"
Mike Markell that if its benefit ^ the 'the
replied a to State, State or the
Department would make the decision to have the water a`n'd sewer put in.
Mr. Zywotko then asked if the State did decide not to pay for the water and
sewer; who woul
City Manager McGuire stated that the cost would be borne by.the: entire "City.
Mr. Zywotko then asked about motor restrictions on_the. lakes that Parks 3
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Recreation Director has spoke about and also about fide distance the accesses
were from the beach.
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Parks & Recreation Director Mangan answered Mr.'Zywotko's questions.
City Manager McGuire stated that he wanted to clarify one comment that Gary
Zywotko had made: Sewer and water is being considered for the area at this
time.
Mayor Stock stated that thef'loor would be opened; for comments for about 5 more
minutes.
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Dan Borchardt, representing the Sportsmen's Club, stated that we do need another
access and no matter where you put it someone will object to it. Looking at they`
maps that the DNR had brought with them he wanted to congratulate them on doinr
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the best job that they could do.
Chuck Burzek stated that he has listened to both sides of''this informational
meeting the pros and cons, a need for a public access has been agreed upon, by
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the people that are present. As a concerned sportsman, going over to the public
access at 4:30 in the morning and there 'isn't a place to park, he leaves and goes
over to Spring Lake, he feels that it is getting worse and something needs to be
done now, he commended the Council and the DNR for all the fine work that they
have done.
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MINUTES of
the Proceedings of the City Council of the City of Prior Lake in the County of
Scout and State of Minnesota, including all accounts audited by said Council.
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Mayor Stock then closed the question session to the floor and opened it to
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the Council.
Councilmembers had many questions and comments.
Mayor Stock asked that the DNR mark their plat maps A be marked as
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Council Exhibit "A ", Outlot B marked'as Council Exhibit "B", the ZvIrbuIIs
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Property as Council Exhibi 1 'C" and the Basic Proposal marked as Council
Exhibit "Du
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t1UTHQRIZE THE
Motion was then made by Busse to authorize the drafting of an agreement with
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JRAFTI,NG OF AN
the Department of Natural Resources, on the use of City Property, Outlot A
AGREEMENT WITH
for the basic parking area for the proposed public access subject and , contin -
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THE DNR,
gent to the following:' 1. That the Prior Lake City Attorney would have the
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right to review and approve the final form and that - the Manager and Mayor
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be givenauthority to sign said document�upon that completion. 2. That the
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DNR continue with effort in the acquisition of the Zvirbulis or McWilliams
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or other property that.would be necessary to improve the overflow parking ;
`situation for this proposed :access.. 3. That - the DNR provide an area for
overflow parking.. 4. The private residents be buffered by agreed methods via
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landscaping, planting or whatever that can be worked out between said parties.
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5. That the parking tot and its driveway to the Watersedge be bituminous
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surface. 6. That the proposed parking be buffered in an exceptable manner and
approved by -the City Parks Director. 7. That a port -a -dock or an equ'iyalent
be a part of the access for watercraft control. 8. That no swimming or
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skiing be permitted from the area. 9. ,That the City enforce its parking
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resteictions on Crest Avenue. 10. That the City provide, at its expense,;a
dust control process for Crest Avenue continuing to keep it in.�shape and
Shore "'Trail, until the realignment of said streets in question. '11."•That the
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DNR continue to seek and develop additional access on Prior Lake and that the
City is willing to assist and help locate those sites, seconded by Thorkelson,
and upon a taken it was passed 4 -� 1, Watkins voting nay.
Mayor Stock directed staff' to work out hours with the Police .Department for the
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enforcement of these hours for the public access.
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SUNFISH BAY
The next item on the agenda was to review the roads'`in Sunfish Bay.
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City. Engineer Anderson made a presentation on this.
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AUTI�ORIZE OSM TO
- 'i?REPARE FEASIBILIT
Motion by Thorkelsbn to authorize Orr- Schelen- Mayeron to prepare the feasib.i'lity
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ttudy on the roads in Sunf i eh Bay, seconded by Watkins and upon a vote taken it
STl1DY- SUNFISH BAY
" was d u l y passed,
Parks &8 Recreation Director Mangan announced to the Council °that himself and
the Pollce Department had discussed a C.S.O. program foe this summer at Sand
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Pointe'Beach, to help w1th parking and any other problems that could arise.
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ADJOURN
With no other comments motion by'Watkins to adjourn, seconded by Busse and upon
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a vote taken this meeting was adjourned at 10 PM.
Michael A. McGQ``s'y
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City Manager
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