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MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1984 PAGE 2 i.- Councilmember Chestovich moved, seconded by Mayor Eggert, that the variance L. LUNDY, request from Lowell Lundy, 1853 Moore, to construct a three season porch 1853 MOORE, one to three feet nearer the lot line than permitted by ordinance be VARIANCE approved. Motion carried unanimously. GRANTED Gerald Wallin, 1859 N. Snelling, was in attendance requesting a variance VARIANCE to permit fencing of a swimming pool with a fence less than the required GRANTED six feet. He provided information on the sparse population in the area, G. WALLIN, existing fencing, remote location, large area of lot, and height of 1859 N. fencing around neighboring pools. Councilmember Chestovich moved, SNELLING seconded by Councilmember Ciernia, that the variance be granted. Councilmember Ciernia expressed concern that by lowering the require- ment the City might be held liable in the event someone gets into the pool area and is injured or drowns. Following a discussion, the motion on the floor was withdrawn, and Mayor Eggert moved, seconded by Councilmember Chestovich, that a variance be approved allowing Mr. Wallin to erect a second fence around the pool area, such fence to be no less than four feet nor more than five feet in height. Motion carried unanimously. Attorney Gasteazoro was of the opinion that this would be adequate. The request from Beverly Higgins, 1355 W. Iowa, for reimbursement for sewer back-up was deferred until the April 25, 1984 meeting in order that there will be adequate time to televise the City sewer line in that area. Attorney Gasteazoro informed Council that she had discussed the prelimi- nary agreement, with supplement, with Bob Collins and he felt sure that when Mr, Hunt returns from out of town the supplement will be signed. Further work will be done on the final development agreement in the near future. Engineer Schunicht reviewed the reasons for the "no build" area north of Lindig Street (lack of storm water outlet), and recommended that if Elving Anderson, 1775 N. Fairview, is allowed to sell the portion of his lot abuting Lindig Street the following conditions be stipulated: (1) the house be elevated as designated by City Engineer, (2) the owner execute a "hold harmless" agreement, and (3) the sanitary sewer service from basement to street be insulated as it will be above the frost line. Following a discussion Mayor Eggert moved, seconded by Councilmember Baldwin, that construction of a house on the back of Mr. Anderson's lot be allowed with the stipulation that the City obtain from the owner (and recorded with Ramsey County) a "hold harmless" agreement, the sanitary sewer from the basement to the street be insulated, and the site plan for the home be subject to Council approval. Motion carried unanimously. Attorney Gastezzoro will prepare the necessary agreement. Mayor Eggert requested that Council consider rescinding Ordinance ~~197 relating to changes in the Cable TV matters. He explained that the intent of ~~197 was to permit equipment changes at the discretion of the North Suburban Cable Commission and since most equipment changes have been made and the hardware in place, there is no further need for the ordinance. Since the ordinance has been broadly interpreted to mean franchise changes could be approved by the Commission, rescinding would assure that Council would be included in any decision making in regard to franchise changes. Councilmember Ciernia moved, seconded by HIGGINS SEWER BACK- UP DEFERRED TO 4/25/84 BULLSEYE AGREEMENT UPDATE REQUEST FROM E. V. ANDERS- ON, 1775 FAIRVIEW TO BUILD IN THE NO BUILD AREA ON HIS LOT APPROVED CABLE TV