1992-08-18~NUTES - CO~ITTEE OF THE ~HOLE HEETIN~
&UGUST 18~ 1992
The meeting was called to order at 7:30 PM. Members present:
Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen (arrived
at 8:45 PM) and Mayor Skip Johnson. Absent and excused: Ken Smith.
Also present: Tom Reese, LMCD Representative; Jim Fackler, Parks
Director; Jon Sutherland, Building Official; Mark Koegler, City
Planner; Tom Casey, Parks and Open Space Commission; Mark Hanus and
Ed Shukle, City Manager.
Tom Reese, LMCD Representative, was present to review the
activities of the LMCD. Concern was expressed regarding increases
in fees for non-profit organizations. Reese responded by
indicating that the LMCD operations are to be user fee supported as
much as possible. Concern was expressed by the Council with regard
to the timing of applications and review of those applications
before the LMCD, as well as the actual fees. He will carry this
message back to the LMCD board. He also reviewed the Milfoil
program and touched upon the Long Term Management Plan.
Mark Koegler was present to review the Shoreland Management
Ordinance. He indicated that the ordinance had to be adopted
before December 10, 1992 and submitted to the DNR. He further
indicated that the Planning Commission has been working with him on
this and they will be holding more meetings this fall. The City
Council decided that they would hold their public hearing on the
Shoreland Management Ordinance November 10, 1992 and will keep the
hearing open and continue it to November 24th. Koegler indicated
that he would be presenting the Shoreland Management Ordinance to
the Technical Review Committee of the LMCD on September 22nd. He
also indicated that since the zoning code modifications public
hearing will be held September 8, 1992, that hearing could be left
open to take input from the public on the Shoreland Management
Ordinance in November and eventually the Shoreland Management
Ordinance will become part of the zoning code. He asked that the
City Council consider a special meeting to review the Shoreland
Management Ordinance in more detail. It was suggested that
Tuesday, September 29, 1992 at 7:30 PM at Mound City Hall to be the
time and place for that meeting. Council agreed on this date.
The subject of exterior maintenance ordinance was briefly
discussed. City Manager Ed Shukle asked for clarification as to
what the Council wanted to pursue under this subject. He presented
a chronological history developed by Peggy James and Jon Sutherland
of the exterior storage and housing maintenance issues that were
developed by the Planning Commission between 1987 and the present
time. Shukle further explained that the original exterior storage
ordinance pertained only to recreational vehicles and how many you
could store on your property. He further indicated that the
Planning Commission developed a housing maintenance code, which
took into account exterior maintenance and interior maintenance and
Minutes - Committee of the Whole - August 18, 1992
intertwined them within the ordinance. The question becomes, can
we accomplish cleaning up the exteriors of single family dwellings
with existing nuisance ordinances or do we have to develop a
separate ordinance? Council suggested that the Planning Commission
take a look at the nuisance ordinances that are currently on the
books and that the city manager contact the city attorney to get
clarification as to the enforcement of the nuisance ordinances.
Perhaps an exterior maintenance ordinance is not needed if the
nuisance ordinance can be enforced. This matter will be brought
back to the next Committee of the Whole meeting.
The subject of nature conservation area was discussed. City
Manager Ed Shukle indicated that the Parks and Open Space
Commission has been dealing with this issue for almost two years.
It began when it was suggested that an area on Drummond Road be
designated as a nature conservation area. The City Council did so
and the property was left to grow in its natural state. A sign was
placed on the property indicating that it was a nature conservation
area. The Parks and Open Space Commission further pursued this
subject by requesting that the Council designate nature
conservation areas within the community. The commission put
together a Goals and Objectives and a general outline as to how a
nature conservation area study could be undertaken. Former
commissioner Neil Weber developed this outline and the Goals and
Objectives along with a timetable in which tasks could be performed
and completed. In August of 1990, the Parks and Open Space
Commission asked the City Council if they were in favor of nature
conservation areas. A motion was made and passed unanimously by
the Council to have the Parks and Open Space Commission come up
with a definition of a nature conservation area and to suggest
potential locations and restrictions for those areas. Also
discussed was how to maintain these nature conservation areas and
how they would fit with other open space. The commission began
looking at over 250 parcels that are designated as open spaces, tax
forfeit parcels, etc. Commission members spent a great deal of
time looking at these parcels by physically inspecting them, taking
photos, etc. They came up with a list of properties that they felt
could be possible conservation areas, but now have reached a road
block in which they do not know exactly how to go about putting a
plan together for a nature conservation area system. The
commission suggested that the City Planner Mark Koegler be involved
in putting together a plan that could assist the commission in
their studies. Tom Casey, a member of the commission and Ed
Shukle, City Manager met with Mr. Koegler regarding such a plan.
Koegler responded by presenting a letter indicating what the plan
would entail and an estimated cost of $2500. The Council discussed
this matter and suggested that it be presented at the August 25,
1992 regular meeting. The consensus was to have a plan prepared at
a cost not to exceed $2500. The City Manager suggested that if the
Council wanted to do this plan now, that it could be paid for by
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Minutes - Committee of the Whole - August 18, 1992
the Park Dedication Fund. The Council thought that this fund would
be appropriate for this project. The Council will discuss this at
its meeting next Tuesday.
"After the Fact" permits were discussed. The city manager
explained that through the process of construction on public lands
the issue of people not having permits to do certain work was
talked about. Council had discussed previously how to address this
consistent problem. Information was presented by the city manager
and Jon Sutherland, Building Official concerning what is currently
being done with building permits and other permits that the City
requires. Also presented was information from the watershed
district and DNR as to how they handle after the fact permit
problems. It was suggested that the staff review existing fees and
see how those fees could be applied to permits that are required by
the City that currently do not have any fee attached to them. The
Council's main concern is to deal with after the fact issues. For
example, construction on public lands permits do not require an
application fee. The Council wants to keep it that way. However,
if someone does work without a construction on public lands permit,
as an example, they would have to pay some sort of fee on an after
the fact basis. It was suggested they follow what is in Section
520 of the City Code which applies to building permits, plumbing
and other related fees. Council wanted to make it clear that this
problem really only is with after the fact situations and in cases
where fees are not currently charged, i.e., construction on public
lands, land alterations, commercial docks or public right-of-way
situations. Staff is to work with the city attorney on coming up
with a proposal.
City Manager Ed Shukle, Building Official Jon Sutherland and Parks
Director Jim Fackler discussed the commons dock, public land
inventory that has been completed. City Manager Ed Shukle stated
that the Council needs to give the staff direction as to how to
proceed with other possible violations of structures on public
lands or commons areas. Consensus was to follow the original
processes designated in 1976 by the Park Commission and City
Council and to deal with the simple cases first, followed by the
water oriented structures and stairways. The city manager
emphasized how important it is that the Council be consistent with
applying the same rules and regulations as they have with the Hanus
and Munson cases.
Commons markings was briefly discussed. City Manager Ed Shukle
presented a memo dated August 3, 1992 from Jim Fackler concerning
monuments and prioritized sites for those monuments. Jim Fackler
explained his rationale for these priorities. It basically deals
with two issues: 1. Location of commons and
Minutes - Committee of the Whole - August 18, 1992
public dock areas and 2. Problems we have experienced in the past
with people understanding where the commons were located. After
considerable discussion, the Council requested that this matter be
placed on the August 25, 1992 regular agenda and the consensus of
all but one councilmember present was to do all the sites which is
a total of 50 sites and 56 monuments to be charged against one of
the following funds: 1. Liquor Store, 2. Docks, 3. Parks -
general.
Advisory commission appointments and reappointments were discussed.
This matter was continued until the next Committee of the Whole
meeting.
Artwork for the City Council Chambers was continued until the next
Committee of the Whole meeting.
Ed Shukle, City Manager, made the Council aware of an emergency
preparedness meeting scheduled for Tuesday, September 29th, at 3
PM, in the city Council Chambers. He invited the City Council to
attend if they are available. He specifically asked if the Mayor
could be present. Mayor Johnson indicated that he would try to
attend.
Phyllis Jessen discussed the crosswalk issue that the Council
recently acted on. She indicated that she had talked with Geno
Hoff, Street Superintendent, regarding locating stop signs in the
area on Lynwood Blvd. between Commerce Place and Tonka Center West.
She went to the site with Mr. Hoff and observed the problems with
that area and concluded that stop signs would not work there. They
also observed the patterns of shoppers walking to and from the
centers. The patterns were never really alike and people just
tried to get from one place to another in whatever direct route
they could. Geno had suggested that perhaps some signs could be
pl,~ced approaching that area from both directions warning drivers
of pedestrians crossing the street in that area. Council consensus
was to go forward with this approach.
The next meeting of the Committee of the Whole was discussed.
Normal meeting date is the third Tuesday, which in September is
primary election day and no public meetings are allowed. The
Council discussed this matter and the consensus was to make the
September 29th meeting on the Shoreland Management Ordinance a
Committee of the Whole meeting with the primary topic being the
Shoreland Management Ordinance. If time allows other issues will
be discussed.
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