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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 2 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. 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