09-10-1984 Council Packet - Laserfiche WebLink

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MINUI,-S OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE 20 CITY ATTORNEY'S REPORT WELSH MATTER City Attorney Malkerson reviewed with the City Council the outcome of the Welsh lit.igation matter. Malkerson noted that the City does nun have authority to regulate dredging in tLe public, open waters because the DNR has the exclusive authority to do so. Malkerson stated that the City does have the authority to regulate the location and size of docks. Malkerson stated that the City does have the authority to regulate rip rapping of the shoreline and disposition of dredged spoils within the City. Malkerson stated that the court found that the City is not 1 iable for Welsh's attorney's fees. Malkerson stated that this was the first case in Minnesota that the courts outlined the extent to which attorney's fees would be available. Malkerson stated that Welsh will probably resubmit a dredging application to the City. Malkerson stated that in the future when the City receives a notice of dredging, the staff will analyze it and see if there i� any adverse impact and bring it to the Counci 1 and will then communicate with the DNR and the City will give their recommendation to the DNF. Councilmember Frahm moved, Mayor Butler seconded, to direct staff to remove the dredging application fee on the City fee schedule. Motion, Ayes (5), Nays (0). LICENSES* Councilmember Frahm moved, Councilmember Hammerel seconded, to approve a septic system installer's license to Marty's Excavating. Motion, Ayes (5), Nays (0). I31I,L,S* Councilmember Frahm moved, Councilmember Hammerel seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (5), Nays (0). ADJOURN1ENT10:04 Mayor Butlei moved, Councilmember Grabek seconded, to adjourn the regular Council meeting at 10:04 and go into executive session. Motion, Ayes (5), Nays (0). i ATT S1 U othy M Ha/llin, City Clerk Mary C. Bu r, MYyor