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. . . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 6 Mr. Dan Kubat, 3459 Lake Johanna Boulevard, applicant, explained he would have to rebuild the garage because it will be attached to the addition and it currently does not have any frost footings. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve Planning Case #98-20, Dan and Stacy Kubat, 3459 Lake Johanna Boulevard, rear yard setback variance for the attached garage addition (24 feet proposed when 30 feet is required) based on the "Findings-Rear Yard Setback Variance (attached garage/house addition)" section of the staff report dated July I, 1998 and the side yard setback variance for the attached garage addition (five feet proposed when seven feet is required) based on the "Findings- Side Yard Setback Variance (attached garage/house addition)" section of the staff report dated July I, 1998, subject to compliance with the plans and specifications as shown on Exhibit A of the staff report dated August 5, 1998. The motion carried unanimously (5-0). PUBLIC HEARING A. B. Ordinance #309, Lake Josephine Lake Josephine, Joint Powers Agreement Mayor Probst opened the public hearing at 7:30 p.m. Mr. Fritsinger advised notice of public hearing was published in the Bulletin. Mr. Dwayne Stafford, Public Works Director, eXplained at the July 13, 1998 meeting, the Council approved staff s recommendation to hold a public hearing on the water surface use of Lake Josephine. Notice of the hearing was published at the public landing of Lake Josephine as well as mailed to residents on the Arden Hills side of the lake and officers of the Lake Josephine Improvement Association. The City of Arden Hills has an ordinance pertaining to Lake Johanna but no ordinance specific to Lake Josephine. The State has generic laws that apply to all State waters. Roseville held a public hearing on this matter on August 10, 1998, and unanimously supported the proposed ordinance and joint powers agreement. Mr. Stafford reviewed the regulations including the restrictions on speed, no wake, traveling in counter-clockwise direction, maintaining safe distance from other docks, and enforcement by the Ranlsey County Sheriffs Department. I-Ie explained that the joint powers agreement says both cities have decided to adopt joint regulations, and each city will notify their residents and the Sheriff s Department to enforce the ordinance and will not change the ordinance without notifying the other. Mr. Stafford stated if this is approved by Council, staff will forward a copy to the DNR. Upon DNR approval, copies of the Ordinance will be sent to residents of the lake, posted at the boat landing, and published it in the official newspaper with the effective date being the day after publication. Mr. Stafford stated staff recommends the adoption of Ordinance #309 and approval of the joint powers agreement.