1995-04-25 AGENDA
CITY OF MOUND
MOUND, MINNESOTA
MOUND CITY COUNCIL - REGULAR MEETING
TUESDAY, APRIL 25, 1995, FOLLOWING ANNUAL BOARD OF REVIEW
CITY COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE.
APPROVE THE MINUTES OF THE APRIL 11, 1995,
REGULAR MEETING AND APRIL 18, 1995, COMMITTEE OF
THE WHOLE MEETING.
~2A~!~35.:.~: RESOLUTION APPROVING TRANSIENT MERCHANT
LICENSE FOR A SEASONAL SNACK SHOP AT 4801 SHORELINE
DRIVE, SKARP'S EAST LAWN, LOTS 1, 2, & 3,
PID//13-117-24 44 0052, FOR STEVEN BEDELL
(DBA - BY THE WAY SNACK SHOP).
~.~:_!1: JAMES KOCH, 4849 ISLAND VIEW DRIVE,
LOT 3, BLOCK 14, DEVON, PID//25-117-24 11 0036.
REQUEST: VARIANCE FOR AN ADDITION.
~: JEFF & ELIZABETH BJERKSETT, 2605
TYRONE LANE, LOTS 1, 2 & 3, BLOCK 17, SETON,
PID//19-117-23 23 0158.
PG. 1326-1364
PG. 1365-1368
PG. 1369-1372
REQUEST: VARIANCE TO ALLOW A DETACHED GARAGE
AND DECK.
PG. 1373-1388
REQUEST TO HOLD A WEIGH-IN ONLY AT MOUND BAY PARK,
SUNDAY, JULY 16, 1995, 2:00 P.M. TO 5:00 P.M.,
DENNY'S SUPER 30 BASS TOURNAMENTS.
PG. 1389
APPLICATION FOR PUBLIC LANDS PERMIT TO TRIM
VEGETATION, RAY SALAZAR, 4559 ISLAND VIEW DRIVE.
PG. 1390-1402
1324
10.
11.
12.
13.
14.
15.
16.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
]).,[~,~_~.]_O_~: PEDESTRIAN CROSSWALK ON SHORELINE
DRIVE AT (HOUSE OF MOY) AND COMMERCE BLVD. AT
(POND ARENA).
RESOLUTION AMENDING PROJECTED USE OF FUNDS FOR
1995 HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
DIRECT CITY STAFF TO COMMENCE NEGOTIATIONS RE:
EASEMENTS, LOST LAKE IMPROVEMENT PROJECT.
BID AWARD: 1995 SEALCOAT PROJECT.
LICENSE RENEWALS.
AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE AN
AGREEMENT ON SEWER CONNECTION FOR A
RESIDENT OF MINNETRISTA.
PAYMENT OF BILLS.
INFORMATIONAL/MISCELLANEOUS
Financial Report for March 1995, as prepared by
Gino Businaro, Finance Director.
Minutes of the Planning Commission
Meeting of April 10, 1995.
Information from the league of Minnesota Cities (LMC)
re: 1995 Annual Conference. If you are interested
in attending, please contact Fran ASAP. Early
registration must be in by May 12. Conference is
scheduled for June 13-16 in Duluth.
REMINDER: Thursday, May 4, 1995, 7:00-9:00 P.M.,
City Hall, Open House for Mound Visions Project.
REMINDER: Interviews for Commons Task Force,
Tuesday, May 2, 1995, 7:30 P.M., Mound City Hall.
I will forward letters of interest to you by
Tuesday evening.
PG. 1403
PG. 1404-1406
PG. 1407-1409
PG. 1410
PG. 1411-1415
PG. 1416-1434
PG. 1435-1436
PG. 1443-1456
1325
April 11, 1995
Mound City Council Minutes
MINUTES - MOUND CITY COUNCIL - APRIL 11, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
April 11, 1995, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and
Liz Jensen. Councilmember Phyllis Jessen was absent and excused. Also present were: City
Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City
Engineer John Cameron, Finance Director Gino Businaro, Fire Chief Steve Erickson, Building
Official Jon Sutherland, City Planner Bruce Chamberlain and the following interested citizens:
Dave Schmidt, Donald & Geraldine Swenson, Stan Drahos, Sharon Cook, Jerry Peitrowski, Ken
& Sally Custer, Jim Bedell, Steve Bedell, Paul & Pat Meisel, J. Jesberg, D. Smith, R.
Williams, Jim Koch, and Doug Smith.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0
MOTION made by Jensen, seconded by Hanus to approve the Minutes of the March
28, 1995, Regular Meeting, as submitted. The vote was unanimously in favor.
Motion carried.
1.1. PUBLIC HEARING: TO CONSIDER THE MODIFICATION OF A
{~ONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF ANE
ADDITIONAL MINOR AUTO REPAIR BUSINESS KNOWN AS GLASS PLUS AT
5533 SHOREI.INE DRIVE (ARCO AUTO & MARINE) LOCATED IN THE B-[
CENTRAL BUSINESS DISTRICT._
The Building Official explained that the owners have applied for a Conditional Use Permit to
allow the operation of a minor auto repair business in conjunction with the present business,
Arco Auto and Marine. Glass Plus has 3 employees and does vehicle glass replacement as well
as well as residential and commercial glazing. Staff and the Planning Commission reviewed the
request and have recommended approval with conditions.
The Building Official stated that a letter was received after the Planning Commission Meeting
from Curtis Johnson, 5545 Shoreline Drive, (adjacent business owner), expressing concern over
previous violations of the Conditional Use Permit. He also suggested an additional condition
be added to the proposed resolution dealing with the parking of large boats blocking the view
of his property and his outdoor lighted sign. The Building Official did not have a problem with
adding this condition. He showed the area in question with cross-hatching on the plan.
Mound City Council Minutes April 11, 1995
Councilmember Hanus stated that we are looking at a CUP for Glass Plus but, the cross hatched
area is not assigned to Glass Plus, it is assigned to Arco.
The City Attorney stated you can only look, from a zoning standpoint, at the property as a
whole. He stated you cannot look at this as two property owners because there is only one
property.
Councilmember Hanus questioned prior CUP allowance of these boats in this area for sales
purposes. He asked if this new CUP would override the previous CUP's that have been given?
The City Attorney stated this is an amendment. All the prior CUP's are being amended and as
this proposed CUP is written, this would no longer be allowed.
Councilmember Hanus asked for a breakdown in percentages of auto work, commercial glazing,
residential glazing, etc.? Applicant Ken Custer, stated he does not have those figures at his time
but they are planning on increasing the auto glass business. Currently, the majority of what they
do is publishing a newsletter, representing about 17% (12% is auto glass); glazing represents
about 44%; and labor is catagorized as the rest.
Mr. Custer stated that the portion cross-hatched is new to him today. He stated he does have
to give Vic some place for his boats. He had heard about the problems with storage of boats
across Auditor's Road and in the CBD parking lot and this crosshatched area was his solution
for those problems.
Councilmember Jensen asked the City Attorney the following: "The way this is set up, in a year
the Arco Century place is supposed to cease and desist. What if it doesn't?" The City Attorney
stated, "I don't think you take a use and divide the zoning between two people. Zoning is use
of the property. It doesn't relate to the people. I don't understand how you are going to
enforce this if, for some reason, they decide they are going to go for five years. You are not
talking about the people who are buying or the people who are selling, you are talking about
property. You don't control people, you control uses of property and that is the only thing you
have control over. As I understood this, what you are doing is amending what is an existing
CUP to allow an additional use on the property. It has nothing to do with the people who are
buying or the people who are selling." Councilmember Jensen asked if it was possible to issue
a CUP that has a portion of it under a sunset clause that says we will issue a CUP for this
property that allows the boat repair and whatever else it is for a period, up to a certain point,
and then the CUP is automatically changed so that it cannot be used for that anymore? The City
Attorney stated you could issue the permit for one year and review it at that time, but what
effect we would be able to have at that point, if they don't live up to the representations that
were made, would be difficult.
Councilmember Jensen stated that since we have not been able to enforce the CUP that is
currently in place, she is concerned about this one.
Mound City Council Minutes
April 11, 1995
The Mayor opened the public hearing. Paul Meisel, 5501 Bartlett Blvd., (member of the
Economic Development Commission). He reminded the Council that in their recommendations
there are some changes in Auditor's Road that would impinge on that particular property to the
point where a portion of it may have to be bought by the City. The Council stated they were
aware of that. The Mayor closed the public hearing.
The Council discussed putting another condition in the CUP which would limit the height of
boats placed in the cross-hatched area. They further discussed having all the prior conditions
in previous CUP's be complied with before issuance of this CUP. The Council discussed the
fact that the way this resolution reads right now, there are no guarantees that the other business
will disappear within a year.
Councilmember Hanus stated he is all for this thing happening but he wanted to make sure that
the neighbors concerns are addressed and that the new buyer can live with the conditions of the
CUP. If that means restricting that area from storage or moving that area to another area of the
property for storage or restricting the height of what is stored there, are all options.
The Council discussed the fact that this letter of objection was just received and was not seen
by the Planning Commission. They also discussed previous CUP's and the conditions that have
not been met by the current business on the property.
The applicant stated that Arco is in forclosure and under his purchase agreement, they have to
vacate the property, by January 1996, so that will resolve the problems. He stated he does have
to leave Arco some space until that time. He then stated Arco has to leave 12 months from
when this CUP is granted.
The Council discussed leaving things as they are for one year and then assessing the situation
at that time.
Hanus moved and Ahrens seconded the following resolution:
The City Attorney suggested the following language be added to the proposed resolution of
approval. "This permit shall be effective for one year, at which time the property owner will
apply for and be subject to a reapplication and review because of representations made by the
applicant that the property will be brought into conformance with all previously approved
permits and conditions established by this Council. The reapplicafion fee shall be waived." The
Council agreed.
RESOLUTION//95-38
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW THE OPERATION OF A
MINOR AUTO REPAIR BUSINESS KNOWN AS
GLASS PLUS IN THE B-1 CENTRAL BUSINESS
Mound City Council Minutes
April 11, 1995
ZONING DISTRICT AT 5533 SHORELINE DRIVE,
AUDITOR'S SUBDIVISION #170, LOT 5 AND THE
WESTERLY 50 FEET OF LOT 6, PID #13-11%24 33
0078, P & Z CASE//95-07
The vote was unanimously in favor. Motion carried.
1.2
APPROVAL OF PROPOSED RIGHT-OF-WAY PLAN - AUDITOR'S ROAD
IMPROVEMENT PROJECT.
The City Manager explained that at the last meeting the Planner brought the Council up-to-date
on the Mound Visions Program and asked that the Engineer prepare a preliminary right-of-way
plan to be submitted to the State for their approval. The City met with Hennepin County
regarding it's plan for Auditor's Road and the eventual relocation of County Road 15. He
reported that the County has indicated that the earliest the County Road 15 project could be
considered under a normal funding split is the year 2000. He stated the County could move the
project to an earlier year if alternative funding was available or the City provided all the funding
for the project. The Council discussed the fact that the City would be responsible for all the
costs in acquiring the fight-of-way for the County Road 15 relocation. The construction costs
would be on a cost sharing basis with the County. There is the possibility of applying for an
ISTEA grant to help pay the city's portion of construction costs in the relocation.
The City Manager presented a printout of a possible General Obligation State Aid Street Bond
issue in the amount of $600,000 and assuming a net interest rate of 5.159%. He pointed out
that these rates show 1995 bond issuance and would have to be adjusted accordingly at time that
the bonds would actually be sold.
The City Engineer submitted a letter, dated April 4, 1995, regarding State aid rules to determine
the extent of participation on certain items as they pertain to the proposed construction of
Auditor's Road. He further reported that the State Aid office is currently in the process of
revising some of the rules and any changes made should become effective by the end of this
year. Any changes would affect this project. He reported on the following: lighting,
sidewalks, engineering costs, storm sewer, right-of-way, landscaping, environmental issues and
traffic signals.
The City Engineer then presented the fight-of-way plans for Auditor's Road. The City Manager
stated that based on what has been designed for Auditor's Road, the project could survive on its
own even if the relocation of County Road 15 did not come about.
4
Mound City Council Minutes
April 11, 1995
The City Engineer informed the Council that approving the right-of-way plans for submission
to the State Aid office does not obligate the City to do the project. All the City is asking for
is the State Aid office's approval of the alignment and allows the City to proceed, if they wish,
to acquire property. The approval process would take approximately 4 to 6 weeks.
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION//95-39
RESOLUTION APPROVING RIGHT-OF-WAY PLAN
FOR AUDITOR'S ROAD & BELMONT LANE
The vote was unanimously in favor. Motion carried.
Paul Meisel, Chair of the EDC, thanked the Council for proceeding with the plans.
1.3
APPLICATION FOR PUBLIC LAND PERMIT. #43520, DONALD AND
GERALDINE $WENSON, 4887 ISLAND VIEW DRIVE: TRIM VEGETATION
ON DEVON COMMONS
The Building Official explained the request. The Park Commission and Staff recommended
approval.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION g94-40
RESOLUTION TO APPROVE A SPECIAL PERMIT
TO ALLOW TRIMMING OF VEGETATION ON
DEVON COMMONS ABUTTING 4857 ISLAND VIEW
DRIVE, LOT 5 & 6, BLOCK 14, DEVON, PID #25-
11%24 11 0039, DOCK SITE #43520
The vote was unanimously in favor. Motion carried.
1.4
CASE #95-11; JIM KOCH, 4849 ISLAND VIEW DRIVE, LOT 3, BLOCK 14,
DEVON, PID g25-11%24 11 0036, VARIANCE FOR ADDITION.
The Building Official explained that the applicant is seeking a variance to recognize the existing
nonconforming setbacks and hardcover in order to construct an attached garage and a second
story addition on the house. He reported that although the proposed garage is nonconforming
to the required 20 foot front yard setback and 6 foot side yard setback, there does appear to be
hardship and practical difficulty with this site:
The property has limited access and side yard area due to the location of the
dwelling.
5
133o
Mound City Council Minutes April 11, 1995
2. There is a City utility easement on the lakeside that limits the buildable footprint.
3. There is no other reasonable location for a garage.
The Planning Commission recommended denial of this request after much discussion. The
Building Official explained that there are other cases similar to this, but they had additional
boulevard between the lot line and the street. There is a comparable case right next door to this
property.
Councilmember Hanus stated that in his opinion the original proposal of a 3 foot setback from
the street would have been approved by the Planning Commission, but the applicant realized
when he got to the meeting that in order to have a two car garage he needed the 1 foot setback.
The Council agreed that a one car garage is not functional.
MOTION nmde by Ahrens, seconded by Jensen directing staff to prepare a
resolution granting a variance for the proposed garage with a 1 foot setback to
Island View Drive and the conditions recommended by Staff. The vote was
unanimously in favor. Motion carried.
1.5 BID AWARD: FIRE TRUCK, TRIPLE COMBINATION PUMPER
The City Manager explained that this bid was advertised and 5 organizations requested
specifications. Only 1 bid was received from Custom Fire Apparatus in the amount of
$204,950. The Fire Department has reviewed the bid and recommends approval. Fire Chief
Steve Efickson was present and stated that he was disappointed that only one bid was received
and contacted several of the companies who were sent specifications and they indicated that they
had chosen not to bid because they did not want to construct the truck the way it was designed
and several companies stated they were already very busy.
Rick Williams, of the Fire Department, explained that this truck was designed to be very
functional and some of the items that were added to do that drove the cost up from the original
estimated cost of $185,000. He further explained that this bid did come in a little over what was
expected but the Fire Department feels they can live with this because they had planned to get
two vehicles for the $250,000 that was budgeted and still feel this can be accomplished by taking
one of the existing pumpers which is outdated and refurbishing it into a tanker.
Hanus moved and Ahrens seconded the following resolution:
RF_~OLUTION//95-41
RESOLUTION TO AWARD THE BID FOR THE FIRE
TRUCK, TRIPLE COMBINATION PUMPER TO
CUSTOM FIRE APPARATUS IN THE AMOUNT OF
$204,950
6
Mound City Council Minutes April 11, 1995
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.6
REOUEST FROM SENIOR COMMUNITY SERVICES RE: LIFTING CAP ON
CDBG ALLOCATION TO PUBLIC SERVICE ACTIVITY PROJECT
The City Manager explained that the City has been informed by the Hennepin County
Development Planning Office that they are required to enforce a rule established by the
Department of Housing and Urban Development regarding limiting the funding for public service
activities with the CDBG program to 20% of the total allocation. That means the 1995 CDBG
allocation of $72,239 could only allocate $14,448 to public service activities. The City had
proposed $42,700 toward these activities. The programs affected are Westonka Community
Action Network (WECAb0, Westonka Intervention, Senior Community Services and Community
Action for Suburgan Hennepin County. The Council will have to figure out a way to reallocate
the money by the next Council Meeting.
He further reported that Ben Withhart, Executive Director of Senior Community Services has
asked the Council to approve a resolution requesting that Congress and the President of the
United States remove the 20% mandate and allow more local flexibility in calculating allocations
for CDBG funds to be allocated towards public service activities. Mr. Withhart has called a
meeting of area mayors, city administrators, and managers for Thursday, April 13, 1995, at 7:30
A.M. at the Westonka Senior Center to discuss this matter further.
The City Manager then submitted a list of CDBG eligible activities for the Council to review
before the next meeting and asked that the Council approve the proposed resolution from Mr.
Withhart.
Jensen moved and Hanus seconded the following resolution:
RESOLUTION #95-42
RESOLUTION REQUESTING THE U.S. CONGRESS
AND PRESIDENT TO REMOVE THE 20% CEILING
ON THE ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
TOWARDS PUBLIC SERVICE ACTIVITY PROJECTS
The vote was unanimously in favor. Motion carried.
7
Mound City Council Minutes April 11, 1995
1.7 PAYMENT OF BILLS
MOTION made by Hanus, seconded by Polston to authorize the payment of bills as
presented on the pre-list in the amount of $107,659.71, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
1.8
ADD ON - CASE //95-09: STEVEN BEDELL, 4801 SHORELINE DRIVE,
SKARP'S EAST LAWN, LOTS 1, 2 & 3, PID//13-117-24 44 0052, VARIANCF~q
TO ALLOW SNACK SHOP TRAILER
The City Manager explained that Councilmember Hanus had called him on Friday and asked if
this could be placed on tonight's agenda. The agenda has already been prepared and was being
printed. This item was on the Planning Commission Agenda last night. This was to be a
discussion item. Councilmember Hanus' concern was that the next meeting is heavy, having the
Board of Review and a number of other items. Information on this item and draft Minutes from
the Planning Commission Meeting were given out.
The Building Official reviewed the Planning Commission Minutes. At the March 13th Planning
Commission Meeting this item was tabled with direction to staff to identify all the potential
variances that apply to the case. They also asked the applicant to respond to all the applicable
variances that staff would identify. The City Planner identified the variances and submitted
those, in letter form, to the applicant. The applicant submitted a reply which is in the
information handed out this evening.
The Staff report was prepared and submitted to the Planning Commission listing the applicable
code sections and related variances and additional staff comments that were compiled after
reviewing the applicant's response to the variances. The Staff recommendation was to deny the
request based on the previous Council's action of almost 1 year ago and also from the Staff's
perspective there was no change in the application. The Planning Commission had considerable
discussion on this item and it was their consensus that there was no hardship or practical
difficulty shown and therefore no basis for variance approval. There were comments pro and
con. The Planning Commission did recommend denial.
Councilmember Hanus stated that there were three things, discussed last night, that stuck out in
his mind:
1. Potential channel congestion;
2. Too many variances attached to this item; and
3. Establishing a time limit on it.
Those were the 3 primary negatives that he heard.
8
Mound City Council Minutes April 11, 1995
Councilmember Hanus: ~Before we get too far into the process as it has been proposed, there
are some things I'd like to talk about and ask a couple of questions about because my personal
opinion is we're kind of going the wrong way on this thing. Here's how I see it right now. We
have a piece of commercial property. There happens to be a house on the property and that
house being on a piece of commercial property, is a legal nonconforming use. Eventually, we
would like to see this property turned over to commercial to match the zoning. My opinion is,
for that switch to happen in one feld swoop, is highly unlikely. I asked Mark Koegler at a
Planning Commission Meeting what his opinion was, as a Planner, to that issue, and he tended
to agree, the likelihood is low that it would switch over in one big jump. I think we have an
opportunity here. I also think we have the perfect vehicle to allow this kind of activity and yet
maintain a significant amount of control over the business, over potential problems, and things
of that sort. The vehicle I am talking about was discussed last year and Mr. Koegler had
indicated last year that it's not applicable and what I'm talking about is the Transient Merchant
License. I went back and looked in the Code Book and based upon everything I'm reading it
matches this situation perfectly. The description of the transient merchant seems to match the
conditions we are looking at exactly. There still maybe an issue of a couple of variances in
there. There still may be a land use issue but I would highly question whether all of those
variances are applicable. I don't know how we want to go about this thing. In Mark's letter,
he had 17 items, Sections of the Code and then addresses the Bedell's responses to those issues,
and I looked at each of those and I think I have justified, in my own mind, where I stand on
each of those issues. I think I came up with maybe 3 variances that, I think, apply. The contest
here, is going to end up being whether or not setbacks apply to a mobile trailer or not and I
know of numerous situations in the Code that they don't, be it a motor home or a storage trailer.
There is also the issue of use and I'm sure we'll get into that discussion. I'm sure Mr. Pearson
has plenty of input on that. There are two issues in my mind. The first is whether or not the
Transient Merchant License is valid and if it is, then the second issue is, what variances still
may apply and which may not?"
The Mayor suggested that we address the Transient Merchant License first. Councilmember
Hanus agreed and stated he thought this came from Mark Koegler last year. He then asked the
City Attorney his opinion.
City Attorney: wi think it's just the opposite. You're talking about land use, you're talking about
property. I haven't read through this material, other than just reading the minutes. I don't think
there's any change in the law. I don't think there is any change in the circumstances than there
is from last year so I don't think that my opinion can change in any way, shape or form. I just
don't think this fits the ordinances or the Code of the City. You've got an expansion of a legal
nonconforming use. You've got the fact that your having two principal uses on the same parcel
and all the things that were set forth in the denial and findings that the Council did last year.
I think your Planner and myself both reviewed this last year and I don't see that there is any
difference. I'll be happy to respond to any specific questions, but I think you have to start with
Use."
Mound City Council Minutes April 11, 1995
Mayor Polston: "But the fact of the matter is, this is happening on other properties."
City Attorney: "That is the wrong way to approach a subject, that this is happening somewhere
else. Let's talk about where it's happening. Did they apply for a permit? Has a permit been
granted? Is something happening that is contrary to the ordinance? I don't know."
Mayor Polston: "If you're going to talk about land use, the use is occuring on other properties
within the City. The exact same thing that these folks are asking for."
Councilmember Jensen: "For my benefit and for those watching this one, can you provide what
those exact same properties are."
Mayor Polston: "Al & Alma's for one."
City Attorney: "No sir, that's not at ail comparable. A1 & Alma's is a nonconfoming use that's
been there since the 1930's. It's been a problem to the neighborhood for the 30 years I've been
in the city and it has been a problem that has been resolved as best it can but legaily there isn't
anything we can do to get rid of Al & Alma's. Now you're creating something. If A1 &
Alma's came in wanted to expand or do something of that nature, they couldn't be allowed to
do that."
Mayor Polston: "But, that's not what has happened. It has expanded and as much as you don't
want to admit it, it has happened."
City Attorney: "Well, the only thing that I know of, in the time that I've been here, is the use
of the property on the lake for the boat permit. That is the only thing that I know of that has
happened. The Conditional Use Permit was amended when they bought the property across the
street and at the City's request that was bought for parking because Piper Road was a problem
for the residents. So I don't know of what you speak. A1 & Alma's, the physical structure, has
not been expanded."
Mayor Polston: "The physical structure has not been expanded, but there have been additional
nonconforming uses that the Council has approved. I'm not in favor of not having those
approved. I think A1 & Alma's is a great asset to the City of Mound and I'm not saying
anything to be detrimental to that business, but if you buy a boat and double the size in the
number of people that use the boat, is that an expanded use?"
City Attorney: "It's not an expanded use of the physical facility of the restaurant. Now the
Council has reviewed each one of those intrusions on the lakeshore as A1 & Alma's bought
property which basically is being used for dockage. I'm not in a position, without going back,
to argue that because the City Council looked at each one of those things and worked their way
through those problems. I don't think that it is fair to indicate that there are others who do
10
Mound City Council Minutes April 11, 1995
something and therefore it's justification to do something that is to create the same kind of a
problem the City's been trying to get fid of.'
Mayor Polston: "If you interpret the intent of the Zoning Code, it is to remove existence, over
time, nonconforming uses, but if we remove from use all the nonconforming uses from Mound,
we wouldn't have Mound left anymore because it is virtually impossible for most of the people
who live in this town to do anything with any piece of property they have, without getting a
variance or have a nonconforming use."
Councilmember Hanus: "That's part of where I'm going on this too. I'm arguing this as a first
step toward conformity on this property. The use unto itself is conforming. Other aspects about
it may not be but, the point is, this is a permitted use in that zone. Granted it is a very small
business, but a step in the right direction. The applicants are willing to make some changes in
the property to move it into a little bit more of a conforming position. They also talked in terms
of offering some services that clearly are a public service, i.e. garbage collection, perhaps
recycling, things of that sort. I have a question too. Curt, can you tell me how the Transient
Merchant License does not apply in this case?"
City Attorney: "I have not looked at the Transient Merchant License, but it wouldn't make any
difference what it is, the first thing that you have to look at on anything, when you are talking
about the use of property, is, is that a permitted use in that district? Now, all I can tell you is
this was looked at last year. It was looked at by the Planner, the Council, and a decision was
made, I think unanimously by the Planning Commission last year, and I see it was 6-2 last
night."
Councilmember Hanus: "The Planning Commission did not make a recommendation last year.
They referred it to your office for some information and it never came back to them, so they
never got an opportunity to make a recommendation last year."
City Attorney: "O.K. but the Council did vote to have a resolution of denial prepared and made
findings on that. The licensing thing is entirely different. You still have to have the fight to
have the use before you can license. For instance, you have a restaurant which needs to have
a zoning classification before it can be there and then they have to get a licenses, whatever those
licenses may be. But, those two are separate things, one is a licensing provision which is one
police power, the other is a zoning matter and that goes with land use. I don't think, Mr.
Mayor or Mr. Hanus, with due respect, that there is very much that the City Planner or myself
can tell you other than to give you our professional opinion as to this and as to the ordinances
of the City. Now, if the Council decides that they want to disregard our advice, they certainly
have the fight to do so."
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Mound City Council Minutes April 11, 1995
Councilmember Hanus: "I think that clarified a couple of points because the use issue, the dual
use issue or the expansion of the nonconforming use, the way I look at it is it's one or the other,
one is tied to the other but they're not two separate issues, they are really one because if you
consider it an expansion on the existing use, that in itself covers it. The dual use is that, they're
one and the same really. They are not separate potential variances. You're right, we have to
determine whether or not we feel that that use, on that property, first of all is permitted, and I
think the ordinance is clear that it is, now we have to determine whether or not the required
variances permitted are justified or not."
City Attorney: "Mr. Mayor, let me give you an example of a case that the City has spent
thousands of dollars fighting, and it's a case where there were two properties, both of which are
permitted in an area, which are residential properties. It's the Zuckmann property, which was
in court for close to ten years to try to get them to conform, two buildings on the same property,
they were both residential, both being used. The Councils have consistently indicated that
they're not going to allow two uses on the same parcel and to the point where the Zoning
Ordinance indicates that you can't do this, the Council has spent the City's money and the
public's money to bring that into conformance. Mr. Mayor, with all due respect, I have to say
this to you and Mr. Hanus, if you think that the nonconforming use section of the Zoning
Ordinance is going to bring this City into conformance in a matter of a couple of years, that's
not the intent nor is it understood that it's practically possible. But what you have to do is look
and hope that fifty years from now the City has reached some kind of a goal and in the period
of time that I have been here there have been over 600 homes that have been removed that were
nonconforming uses in this City. 300 of them blew down in the 60's, most of them on the
island and those things had to be rebuilt in conformance but it has been the goal of every
Building Inspector, including the one you have now, to bring these properties into conformance
and to have everybody using the same set of standards. You can't operate a government or a
zoning ordinance on the basis that some people can do something and others can't, because
you're showing special treatment to people. That's not equal protection under the law and in
my judgement you are being totally unconstitutional if you just jump off and on a special issue
you're going to give special preference. That is my opinion."
Councilmember Ahrens: "I understand how a residence is not a permitted use on the property
the way it's zoned. If a residence wasn't there, the proposed use is a permitted use?"
City Attorney: "No. The proposed use, as I understand it and maybe Mr. Sutherland can help
me, I don't know whether the proposed use is permitted or it needs a conditional use, because
I'm not that conversant with it. But, it has a number of requests which indicate variance
necessities. Is that correct?"
Building Official: "Yes."
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Mound City Council Minutes
April 11, 1995
Councilmember Ahrens: "So it is a permitted use or it's permitted only by conditional use
permit?'
Building Official: "The commercial use of the property is permitted, however, variances have
to be issued in order to allow it to be."
Councilmember Ahrens: "Variances such as some of the things that Mark Koegler indicated in
his memos, ie. size of parcel needs to be so many square feet, etc., is that what you are talking
about?"
Building Official: "Yes, but then there is also the fact that the proposal is not conforming to
the ordinance in the manner that it's proposed, i.e. doesn't meet setbacks, etc."
City Attorney: "Mr. Mayor, if I could try to respond to Councilmember Ahrens. You have
actually three types of uses in every district. You have uses that are permitted which means
people can come to City Hall and as long as they meet setbacks they do this they do that, i.e.
build a house in a residential area. If it's a 10,000 square foot area and they meet the setbacks
and have the square footage, etc., they don't come to the Council they go to the Building Dept.
and permits are issued. Then you have other uses, which are catagorized as conditional uses and
the uses that may be allowed in any district, but there is something about them that needs special
attention and possibly conditions before they will be allowed. Those are called conditional uses
and those have to go through the planning process, Planning Commission and City Council and
have staff review. Then you also have auxilliary uses, such as garages, home occupations
subject to conditions."
Councilmember Jensen: "What is this use called and is it permitted or isn't it because I know
commercial uses are allowed in the B-2 zone? I looked through my Zoning Code and it doesn't
have anything called 'Seasonal Snack Shop', so I was trying to figure out what this thing was?"
Councilmember Hanus: "It was reported as retail sales and that is a permitted use."
Building Official: "The City Planner identified the snack trailer as an intensification of the
existing nonconforming use. I don't have my Zoning Code here but I don't believe it was listed
as a permitted use."
Councilmember Jensen: "The problem I'm having here is, clearly there's a house on it and
putting a business on it is not permitted, so that permitted use goes away, so back to Andrea's
original question, take the house off. Can you put the seasonal snack shop on the vacant piece
of land? That's the question. Mark thinks it's retail sales and I have a hard time with retail
sales, but it didn't fit restaurant."
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Mound City Council Minutes April 11, 1995
Councilmember Hanus: "As I recall that's the way the report went, but I don't have it right
here in front of me."
Couneilmember Jensen: "I thought maybe it was drive-in or convenience."
Councilmember Hanus: "I read it in one of the reports and it was being reported to us as being
retail sales. It was in a staff report but I don't recall if it was this week or two weeks ago or
which one it was."
Councilmember Jensen: "O.K. that's interesting because retail businesses are defined in the
Code as stores and shops selling household goods over the counter and I'm not sure it would fit
under that one, but those are permitted in B-2. Retail and mail order businesses, where retail,
pursee, is not defined."
Councilmember Hanus: "How was it described in the first one you said?"
Councilmember Jensen: "The first one, retail businesses are defined as, stores and shops selling
household goods over the counter. Retail and mail order businesses are conditional in B-2 and
they are not defined. So it concerns me that people are casually kicking around that this is
permitted. I'm not convinced it's permitted. But I don't know what it is either by the Code."
Councilmember Ahrens: "On page 49 of the packet given out tonight, the second paragraph,
"Koegler clarified that the City Attorney's office has qualified that the snack shop is a
"commercial use" which involves retail sales ....... "
Councilmember Jensen: "That does not help me on whether this is permitted or not, that just
tells me what setbacks would be."
Mayor Polston: "Well, if retail sales are a permitted use in the zone and they're proposing to
retail sale products, I would say that's retail sales."
Councilmember Hanus: "Yes, it's very strange that there is no description for retail sales."
Councilmember Jensen: "In Section 350, this level of the chart, is that retail businesses and
those are permitted and we have retail mail order businesses which are conditional. The first
one is defined the second one isn't. Retail sales is not necessarily the same verbage as the other
one."
Building Official: "To assist in this question, on page 77 the City Planner has his initial
comments upon the use in the zone."
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Mound City Council Minutes
April 11, 1995
City Attorney: "Mr. Mayor the problem with this is that whenever you use this you have to go
back to definitions. So if you tie it to drive-in, there's a definition of a drive-in which is tied
to automobiles. It does not make reference to boats. A drive-in is, "Any use where products
and/or services are provided to the customer under conditions where the customer does not have
to leave the car or where fast service to the automobile occupants is a service offered regardless
of whether service is also provided within a building." So I don't know what particular section
is referred to here that this would be a permitted use in this district."
Councilmember Hanus: "A retail business is permitted in B-2."
City Attorney: "But every business is a retail business, Mr. Hanus. Then you wouldn't need
the other 20 definitions that you have here."
Councilmember Hanus: "So are we saying that over the counter sales of prepackaged goods are
not allowed in our business districts?"
City Attorney: "No, I don't think that is what we're saying at all."
Councilmember Jensen: "Could we equate this to a mini-mart, such as a mini-Seven/Eleven.
Could you put that here?"
City Attorney: "Well, a delicatessen and a dairy store are a permitted use, but they are
specifically authorized in here, but they are also retail uses. Why would you put in retail uses
if you were going to define it and say any delicatessen is a retail use. So the retail use is to
cover general stores, things of that nature. I can go back and see if there is a definition of retail
use in the ordinance. Let me ask one question. Is the Council in a position tonight to respond
to this without your Planner. I mean bringing it off the agenda. I feel totally out of water here
on something that I haven't read for a year, have had no background on it whatsoever. So I
don't know what the purpose of the discussion is."
Mayor Polston: "Well the purpose is, it was on the Planning Commission Agenda for last night
and it was going to be put on the April 25th Council Agenda and there are so many things
already on the April 25th agenda that we probably wouldn't have gotten out of here until 4
o'clock in the morning and so Mark asked that it be put on tonight's agenda. The Planning
Commission looked at it last night. The applicant is in a position where it's a seasonal business
and he would like an answer one way or the other."
Councilmember Hanus: "The Planning Commission looked at it from a little different
perspective than what we are now. The way that I approached it tonight was not a way that I
thought was applicable at the Planning Commission level. They were presented with a variance
request the way you see it and that's the way they addressed it. I'm looking at it from a
different perspective with a different vehicle to regulate and control the business and I also do
15
Mound City Council Minutes
April 11, 1995
not agree with the interpretations made as to how many variances are required on this particular
property. I don't argue that there may be a few, there may be two or three, but not as many
as are there because I don't think that they apply to this trailer the way it's been applied in the
past. It's my own opinion, I don't know if it's anyone else's opinion, but it's my opinion and
that's one reason why I wanted to turn it around and bring it in for discussion because it's going
to be a lengthy discussion."
Jim Bedell: "I have a question of the City Attorney. Why isn't this a parallel with A1 & Alma's
when you have 6 licensed restaurants and bars sitting in front of a dock, in front of 2
residentially zoned homes? And when you talk about grandfathering in, the background is such
that they added one boat in 1974, 2 in 1980 and a few along the way until they reached 6."
City Attorney: "The land use, Mr. Bedell, has not been intensified. The fact that they have
acquired property and they are docking boats there, is intensified. You would have to go back
and check those matters because each time they have changed whatever their dockage is, they
have come before the Council and I'm not privy to that information tonight."
Jim Bedell: "All I'm saying is this. When we refer to something that is grandfathered in, you
refer to something that's at a level that can be left at that level and not increased. Last year it
was increased again for about the fifth time. Our ordinance says that an amended conditional
use permit application shall be administered in a manner similar to that required for a new
conditional use permit. To me, that means like starting over."
City Attorney: "To the best of my knowledge, every time A1 & Alma's has done something
down there, they have been instructed by the City Staff, that they have to come in and go
through the conditional use process and they have amended their conditional use."
Jim Bedell: "To me that would be like you're starting over. Like you can put things on there,
restrictions. You could bring it more into conformity. All the things that are out of wack, you
could start on it. None of that was ever done. There are things in Mark Koegler's report, many
many things, like lights shining out over the lake, like their boathouse on the property that sits
right on the edge, screening between commercial properties that abuts 2 residential properties,
one behind it and one next to it. There's no screening. It calls for us to have concrete or
bituminous covering for parking and we don't want any parking. This is water oriented. There
are 17 things here that are imposed on this property. The fact is, these were things that were
added this year after receiving a letter last year saying, after a thorough review by everybody
in the City, and then they put 17 new things on here that were not asked or imposed in that
operation and that would have been a perfect time, if bringing the city into conformity, is one
of the key factors in granting these. None of that was done."
City Attorney: "I have to disagree with you. My recollection of A1 & Alma's, the first time
that it came about was the fact that the use was intense. Let's go back to what is a legal
16
Mound City Council Minutes
April 11, 1995
nonconforming use and why do you have a legal nonconforming use? Every government would
like to pass a law and say, anything that's bad today is done with, as far as property rights are
concerned. But you can't do that because that would be a taking of the property. So, to avoid
what is known as a taking issue in the constitutional requirements of the law, in the zoning
history you had to come up with a way to handle it. You call it grandfathering. I call it
nonconforming. There are two kinds, a legal nonconforming use or you have an illegal
nonconforming use. A legal nonconforming use is a use that was there when the ordinance was
changed and it has all of the rights of the time that the ordinance was adopted. An illegal use
would be something that came in and was not approved originally. It was not there when the
ordinance was there and somehow it got in after the fact. That's an illegal nonconforming use.
Councilmember Ahrens: "Is that what the house is on that property?"
City Attorney: "No, the house is a legal nonconforming use because it was there at the time the
zoning was done or changed, the house was there, I presume. Is that correct?"
Jim Bedell: "No, I don't think so. I think this was a commercial building in the twentys and
thirtys and converted to a home in about 1940. I believe there was a marina operation and a
boat repair place."
Councilmember Ahrens: "But that was prior to the zoning code. So it would be. Didn't you
just say that if it had a use before the zoning code came into effect it keeps with it whatever
rights it had before the zoning code went into effect?"
City Attorney: "In essence, that's correct. That's called a legal nonconforming use. The
Zuckman property that I told you about was a legal nonconforming use. It had 2 properties and
two houses and you have a number of those in Mound."
Jim Bedell: "You have thousands of them."
City Attorney: "No there are not thousands of them. They have been basically put aside as
each comes about and one of the ways, on the Zuckmann property, was a fire. It says that if
it is destroyed or damaged to the extent of 50% and then the Council, and I'm sure Mayor
Polston was there at the time, went through a whole process in hiring experts to determine how
much damage was done to the structure by the fire and this all had to be litigated."
Councilmember Ahrens: "I'm thinking of a situation and help me, in my mind. We have a
piece of property, let's just take my own piece of property. I have a gazebo, that's close by the
lake, and my house bums down and it's more than 50% damaged. Now my gazebo which was
built when it was a legal thing to do, would I tear that down now in order to rebuild my house?
Would I have to do that?"
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Mound City Council Minutes April 11, 1995
City Attorney: "When you came back to do that, unless you were in conformance with all
ordinances, you would have to come back through. That's exactly the problem you have if you
have 6,000 square feet required and you have 5,800 square feet, it has to come through. The
practical effect is, you can control, you can try to minimize, keep them within setbacks and
things of that nature, but you're not going to create the 200 extra square feet. So you could say
to the Council at that time, why don't you go back and make 5,800 square feet the limit and
then there is somebody next door that's 5,700 square feet and pretty soon get down to a property
that the City was ordered by the court to take which was 3,200 square feet. So you can't."
Councilmember Ahrens: "I could still argue, the fact that, well that was only built a year ago,
when it was built it was perfectly legal and it's in perfectly good shape."
City Attorney: "You may, at that time, come up with some rationale which meets the
requirements for the Council to grant a variance and those are all spelled out in the ordinance
and you adopt them each time you're adopting resolutions here granting variances."
Councilmember Ahrens: "I have a hard time thinking of what kind of possible hardship the
Council would come up with for that."
City Attorney: "Then probably the gazebo would go or it would have to be moved. But, we've
done that with sheds, gazebos. The only time you get a chance to try to bring things into
conformance is when people come in and they want to change them. That's the whole purpose
of the zoning ordinance otherwise you would never accomplish anything."
Councilmember Ahrens: "I look at some situations though, and I say, if you get so hardnosed
about people making changes that you would get nothing accomplished. I don't want a situation
to occur where we want applicants to do all the bending and be so stubborn that we will get
nothing accomplished."
City Attorney: "Mr. Mayor, in response to this, the whole history of the City of Mound, the
Island, Three Points, etc., was essentially that these were weekend cabins. They were built
without any ordinances, police regulations or anything. They put the things wherever they
wanted to and when (you may say man has made advancement or regressed, I don't know how
you want to adopt it, most people would say that you're making advancements by adopting
police regulation that says, I don't want somebody to have their window two feet from my
window. I want fresh air and privacy, etc.) So, you try to structure and build ordinances which
meet constitutional requirements and meet the standards that you're trying to achieve. Now that
doesn't wipe out at the things that are there, that's a process that takes time and you have to do
it over time. So in this case, if the gentleman wanted to tear down the house, he could come
in and he can get certain permitted uses. He doesn't have to come to this Council, he doesn't
have to do anything as long as he meets setbacks and other requirements."
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Mound City Council Minutes April 11, 1995
Councilmember Ahrens: HWhat we just did with Arco Century and Glass Plus. We essentially
said, you have something that we don't like but we're willing to let you have this thing that we
don't like, that's illegal or whatever, because we can see that it's going to go away."
City Attorney: "That's not what you're doing. You're saying that you have no way of taking
his property at that point. That did not mean that you had to allow these people to go in and
basically work two uses into the same property. But you made that decision, collectively,
tonight."
Mayor: "We could have said, no we're not going to allow this amendment to the conditional
use permit. ~
City Attorney: "That's correct."
Mayor: "And what we would have ended up with is an empty building in Mound."
Councilmember ~Iensen: "Just for clarification, I did not say I don't like Arco Century. I don't
like the fact that he doesn't live within the conditions that were approved."
Councilmember Hanus: wi have a question, too. What kinds of licenses do we issue to the
farmers market, to the eom stand that was out there last year."
City Clerk: ~The eom stand has a Transient Merchant License."
Councilmember Hanus: "Now, they did not have to meet any setbacks.'
City Clerk: ~They could not be in the site line for the corner. They lease space from the owner
of that parking lot.'
Councilmember Hanus: ~That structure that they built is not approved construction. ~
City Clerk: 'It is not a permanent structure and is under 120 square feet and does not need
approval.~
Councilmember Hanus: "The trailer is over 120 square feet but it is not a permanent structure
either. ~
Jim Bedell: ~The trailer is 121 square feet."
Councilmember Hanus: "When the carnival comes in for City Days, the snack stands, are those
part of an all encompassing license of some kind?
Mound City Council Minutes April 11, 1995
City Clerk: rYes."
Councilmember Hanus: ~So they're not issued individual licenses. They also are, many of
them, trailers and don't require setback requirements that we look to be putting on this one."
City Clerk: "The carnival only lasts three days."
Mayor Polston: "The length of time is irrevalent. Two days, two week or two months, what's
the difference?"
Councilmember Hanus: "The Transient Merchant License is given out for days, weeks, months
or one year. So there are more examples. For them is it a dual use? They are both retail uses
but, Curt mentioned, all of those are retail uses."
Councilmember Jensen: "I don't see those properties being used for residential purposes."
Councilmember Hanus: "No, but they're dual uses, none the less."
Councilmember Jensen: "Retail and retail?"
Councilmember Hanus: "Well, any of the businesses along, from the Coast to Coast on down
to the bakery and then wherever through that shopping center, I think are all in one parcel, if
I'm not mistaken, so there are many uses there. They aren't under a PUD, are they?"
City Clerk: "They are all in the B-1 Central Business District."
Councilmember Jensen: "This is B-2 and used for residential."
City Clerk: "Any of them that needed a Conditional Use Permit would have to get them, but
none of them did because they fit in the permitted uses."
Councilmember Ahrens: "I don't understand why we're not recognizing a legal nonconforming
use, recognizing an existing variance. Like, if somebody's principal structure is two feet to
close to the side yard, why is this any different?"
Councilmember Jensen: "In my mind, it's two different uses on the same parcel and we've
spent sums of money on the Zuckmann case."
Councilmember Ahrens: "Do we have any businesses in town with apartments overhead?"
City Attorney: "Yes, you do."
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Mound City Council Minutes April 11, 1995
Councilmember Ahrens: "Is that a residential and a business on the same parcel."
City Attorney: "We made reference to that last year when you adopted the resolution denying
this. One of the whereas provisions said, 'It is fundamental in zoning that each property should
have one principal use and this may vary in a business district where you could have a shop with
an apartment for the owner or some other comparable arrangement and the Council could, under
a PUD or PDA, authorize more than one structure or use ..... ' Most zoning ordinances do that
if you are going to have more than one structure. To start with, when you have a parcel that
is generally a legal parcel, it is owned by one entity or a partnership or whatever, then you have
a building on there. If they want to have more than one building, they have to go through at
PDA or a PUD process so that you again put in conditions. And what kind of conditions do you
put in? You put in conditions so that if it is split, at some future date, it meets setbacks and
requirements of the ordinance. So you don't create situations which lead you to more
nonconforming uses."
Councilmember Hanus: "But, why don't we do the same thing with corn stands? We don't
have to go PDA on any of those."
City Attorney: "Mr. Hanus, I can't answer that. I don't know about the corn stands. I've
never been approached. As far as I know there hasn't been a corn stand here."
Mayor Polston: "Yes, there has."
Steve Bedell: "Do you drive through Mound?"
City Attorney: "I said, it hasn't been before the Council. That is what I'm talking about."
Mayor: "What's involved if the applicant wanted to apply for a PDA or a PUD, so the
conditions could be attached?"
City Attorney: "You would have the same situation that you have here. You would have the
same arguments or discussions. That ordinance was redrafted by Mr. Koegler's office a few
years ago so I'm not that familiar with the PUD and PDA uses."
Councilmember Hanus: "I would tend to doubt that with an item of this magnitude, it would
not be practical to go through that kind of exercise anyway."
Councilmember Jensen: "The first thing I see in it, is that the requirement is for 2 acres of
land."
Councilmember Hanus: "I still maintain that the use itself would be a conforming use if the
house weren't there and if it met setbacks. The use would be a conforming use. '
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Mound City Council Minutes April 11, 1995
Mayor Polston: 'I think everybody agrees with that, if the house weren't there, it's a permitted
use. Right?"
Councilmember Jensen:
City Attorney: "No."
Mayor Polston:
"I don't agree with that yet.
"If the house were not there, it would be a permitted use?"
Councilmember Jensen: "I don't know if it's permitted use."
City Attorney: "On what basis, is it permitted? Is it retail?"
Councilmember Hanus: "Its an over the counter, retail business."
City Attorney: "The definition of a retail, again is stores and shops selling household goods
over the counter."
Mayor: "That's not a permitted use if there's not a dual use?"
City Attorney: "Again, you have restaurants which are special. You have all of the other uses
that are spelled out in the ordinance."
Councilmember Ahrens: "What's a fast food restaurant? What's a Subway Sandwich shop?"
Councilmember Jensen: "That's a Class II Restaurant."
Councilmember Ahrens: "So would this be a fast food restaurant?"
Councilmember Hanus: "No, this is all prepackaged and they're not prepackaged.
Steve Bedell: "If I could help out here. As far as State regulation goes, they consider this
business to be very much like what Brickly's runs, as fas a the prepackaged and the licensing
through them."
Councilmember Hanus: "In my opinion, again, I think it's a conforming use. I still think it's
a step in the right direction to get the property more conforming than it would be if you don't
start moving it in that direction."
Councilmember Jensen: "Excuse me, I think you may want to go back. It's your opinion that
it's a permitted use?"
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Mound City Council Minutes April 11, 1995
Councilmember Hanus: "I said conforming? I meant permitted use. You are correct. How
is this different from a corn stand, it's not, in my opinion. I just don't think that the
interpretations that were made last year were correct. At least I don't agree with them. Again,
with the licensing situation that we were talking about, that will, rather than granting the
variance permanently, overall on this whole thing just saying o.k., it can be there which we have
no way to retract it. Under this licensing procedure, the license is issued annually, I believe,
is that not correct?"
City Clerk: "It can be issued for a day, a week, a month or annually."
Councilmember Hanus: "The most is annually, it would expire at least once a year. So it
would have to be reapplied for, reissued, which gives us every opportunity each year to evaluate
if any problems developed. It gives us far more control than any other method, that I can think
of, probably even more so than a conditional use permit which we can't do here anyway. It's
the perfect vehicle, in my mind, from the City's prespective, the easiest way to go."
Councilmember Jensen: "You've said a couple of things that get my attention and one is this
idea that we have a great deal of control because we require that this be renewed every year.
It's interesting that you see this need for control. It tells me something about what might be
occurring on the property. I have a concern of, what happens in other residentially used areas
when we permit this thing to occur. We already have an applicant saying, you're doing it here
and here, or certainly arguing that we're doing something like it, so therefore you should let me
do it. So if we let this one happen, who comes in next saying, you let them do it so why don't
you let me do it too. I don't know if having this business, and I understand that it is zoned B-2,
and I'm not quite sure where the boundary line is, but the use is residential down to the end of
that point and beyond. Is that something that should be in a residential area? I really don't
think so."
Councilmember Hanus: "This is not a residential zone and as far as the issue of what about if
everybody else down there wants to pop up the same thing, that's exactly my point, that's where
your control comes in. If they pose a problem, you just don't issue the license."
Councilmember Jensen: "How do you not issue to one, when you've issued it to others?"
Councilmember Hanus:
Councilmember Jensen:
"I'm not saying you would."
"How would you deny it? On what conditions do you deny it?"
Councilmember Hanus: "Upon the problems that the business has created, if, in fact, there has
been any. Is that not justification for not issuing a license to a merchant?"
Councilmember Jensen: "You're still hung up on the license, and I am not."
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Mound City Council Minutes April 11, 1995
Jim Bedell: "The property at the far right is the wall of the bridge, then there are these two lots
and then I have another home and that's where the commercial ends. The rest is zoned
residential. I think this is what needs to be addressed, this is a commercial venture on a
commercial piece of property. This property is a little different than the other properties. It
is not like it is in the middle of a residential area. There is quite a distance from the next
house." He went on to explain the area. "I believe, this is the only commercially zoned water
front property, in the City. There isn't any other that I'm aware of, other than if they develop
Lost Lake. That scenario of somebody else wanting to do the same thing, there really is no
other place that it could happen, commercial zoned, water oriented property."
Mayor Polston: "My understanding of what Mark Koegler has written was that if the house
wasn't there, it would be a permitted use in the B-2 zone."
Councilmember Jensen: "Take the house down and that takes care of it, doesn't it?"
Jim Bedell: "We don't want to do that."
Councilmember Hanus: "And it's not practical at this stage anyway."
Councilmember Jensen: "I can't imagine that this business is going to make it economically
more feasible to make the change."
Councilmember Hanus: "And I have no idea whether it will or not but my opinion is, why not
give them a chance to try it. At least the nature of, the use of the property is starting to shift.
In my opinion, if you don't allow something like this, the chances are you're going to continue
with the nonconforming use, who knows til when. At least there is movement. At least there
is somebody attempting to do something commercial on a commercially zoned property."
Councilmember Jensen: "Maybe that's the problem too. Maybe it should be residentially
zoned. I don't know when that zone was established, but clearly the use is residential."
Mayor Polston: "But, I wouldn't want to be the person to rezone it."
Councilmember Hanus: "I think this little section would be very difficult to rezone because it
is surrounded by commercial businesses up on the comer and it would be very difficult to
change it."
Mayor Polston: "Looking at the residential structure, what kind of a time line are you looking
at, when it would be economically feasible to remove the house?"
Jim Bedell: "There probably would be some development planned for 7-8 years from now, to
develop this whole parcel. Not only this but one behind it and the one next to it, putting all
24
Mound City Council Minutes
April 11, 1995
three of the parcels that I have together. All three of the parcels are zoned commercial and I
own all of them. The only one I do not own on that comer is Minne-Softub."
Councilmember Ahrens: "Is that also zoned B-2."
Jim Bedell: "Yes ........ ""Well, if nothing happens here and this is denied, all the things about
it are still there. The only thing that's different is the dual use. Because of the setbacks, the
residence is nonconforming. But if it was done on a license, by the season, then if it was not
economically feasible or there was some problem then it wouldn't be renewed. We haven't done
anything permanently wrong to this property. This is a trailer and we pulled it up there and
there is nothing different about that than isn't already existing now and has been for a year."
Councilmember Hanus: "Another thing that I would like to use a little caution on here is, if that
house were removed and they were to put up, let's say an enlarged snack shop, there still would
be some ldnd of retail use there, they're relying on channel traffic in there. You can only get
so many patrons coming in through there. In fact, they talked in terms of, that really, they are
targeting the people who are existing in that channel rather than attracting people into that area.
This single block, unto itself, how much is that going to support with channel traffic. Is it going
to be able to support a business that is small enough just to be contained on this one lot? That's
a real subjective question, but it's something that I have in my mind, as I'm not sure that it
would. Unless these lots are combined, the business that sits there is going to have to be a fairly
small business or the channel traffic will not support it. That's my guess."
Councilmember Jensen: "In order to have sufficient channel traffic to support the business,
you'd probably have so much traffic in the channel that you'd create other problems."
Councilmember Hanus: "That's possible."
Councilmember Jensen: "Highly likely. When you consider, Fletcher's is a little large but
traffic there is outrageous.'
Councilmember Hanus: "That's an extreme in the other direction of what you could face if it
were a huge water oriented business. To carry my point further, if what I said was true, and
its subjective, if it has to be a small business, can you ever justify removing that house to
support a very small business? I don't know."
Councilmember Jensen: "So that would tend to undermine your earlier argument that this is the
start of the commercial development. Now you're saying that may not happen anyway."
Councilmember Hanus: "I don't know if it will or not. I can't argue that. The business can
only get so big or the channel traffic will not support it. But if it were to grow, will that be
enough to justify combining some of the lots. Again, I don't know the answer to it. I just think
25
Mound City Council Minutes
April 11, 1995
it's a move in the right direction. It's a start. It's a very minimal gamble, at least done on the
scenario, that I think I drew. There is, I think, an enormous amount of ability to shape and
mold this thing on an annual basis, if it's required. I just think it's something we should try and
work through and try and find a solution to it. I really do."
Mayor Polston: "Well, I'm going to try and move this thing somewhere.
MOTION nmde by Polston, seconded by Hanus that we prepare a Transient License
with conditions that the Council can attached to it for the season so that if there are
traffic problems or other types of problems, that we make it explicitly clear that if
there are problems that crop up as far as congestion and a lot of calls, that the
Council cannot reissue it next year.
Councilmember Jensen: "I would rather see something in front of me, than deal with it
tonight."
Mayor Polston: "I didn't say vote on it tonight. I said have it prepared."
Councilmember Hanus: "In addition, I think that there are a couple of variances that we do
have to issue."
Councilmember Jensen: "Excuse me, how can you issue a variance on a Hawker's Permit?"
Councilmember Hanus: "Not on the permit."
Councilmember Jensen: "What's to vary then?"
Councilmember Hanus: "One argument that's been made and I can't argue with it, there are
two separate uses. That in itself requires a variance."
City Attorney: "How can you grant a variance for something of that nature? How do you make
the findings, Mr. Hanus? How do you meet the conditions in the ordinance? How do you
override the findings that the Council made a year ago?"
Councilmember Hanus: "Well, show me what page the findings are on."
City Attorney: "The resolution of denial is on page 61."
Councilmember Ahrens: "If someone wants a Transient Merchant License and they are going
to locate the thing on a parcel that has an existing nonconforming use .... "
City Clerk: 'We've never done this before.'
26
135
Mound City Council Minutes April 11, 1095
Mayor Polston: "I doubt, very seriously, that anybody that applied for a Transient Merchant
License was even looked at. I don't think we probably paid Mark Koegler for about 400 hours
to find 18 different variances on a corn stand."
Councilmember Hanus: "Now these findings that are in the previous resolution, are
determinations made by a previous Council that I don't agree with. Does that mean that if
something is denied, it's denied forever or can a Council change it's mind or can a different
Council ...?"
City Attorney: "A Council can make different findings, obviously."
Councilmember Ahrens: "Were these findings a result of denying a CUP?"
City Attorney: "No, they were denying a variance request last year."
Councilmember Ahrens: "Could a person apply for a variance to have two uses on a property?"
Councilmember Hanus: "That is varianceable."
Councilmember Ahrens: "Is it varianceable?"
City Attorney: "How do you then support what has been the consistent .... "
Councilmember Ahrens: "I'm just asking the question."
City Attorney: "And I'm asking the rhetorical question or asking you a question in return."
Councilmember Ahrens: "I just wondered if someone could apply for a variance to have two
uses on one parcel?"
Councilmember Jensen: "You can apply for it, you may not get it, but you can apply for it."
Councilmember Ahrens: "You could apply for it. A person doesn't apply for a variance though
when they have a caretaker, or a proprietor's apartment above a business. They just have a
residence and a business on the same parcel."
City Attorney: "No."
Mayor Polston: "If we are concerned about protecting the integrity of the zoning ordinance, as
some people seem to be, it seems to me that if the Council wants to allow the use which would
allow in other transient businesses, and we believe it's a transient business, the most natural
thing to do, on a limited basis, is to grant a variance to procedure on a transient license."
27
13 $
Mound City Council Minut~ April 11, 1995
Councilmember Hanus: "True. I look at this as it's the same as the corn stands."
City Attorney: "Let me try to respond to that in this way. If you had a sauna or if you had a
massage parlor or whatever it may be, they have to get a license, but they also have to meet the
zoning uses. So the granting of a license doesn't take care of the zoning thing. If you just put
it on a license basis, you're totally disregarding the zoning ordinance. Now, I can't answer the
question about the corn stands because I don't know how the corn stands got there and I don't
know whether they were ever investigated as to whether they were allowed from a zoning
standpoint. I have no idea."
City Manager: "The question came up at the time that the individual wanted to put it up,
whether it was appropriate or permitted. This was reviewed by the City Planner."
Building Official: "He was on the fence."
City Attorney: "But, I'm just responding to the question that Mayor Polston is raising that
you're doing it by licensing. That doesn't do away with your zoning ordinance."
Mayor Polston: "That's what I'm saying, but we seem to be hung up on granting a dual use on
the property and that seems to be the problem. If the house is gone, it's a permitted use under
the zoning and that's per Mark Koegler, that's not per me. But there are variances then, that
would have to be granted. There is no rational reason, that I can see on earth, why we can
rationalize allowing, I know you don't want to hear it, how we can rationalize allowing what's
happening at A1 & Alma's to happen when they were in for an amendment to a conditional use
permit and we have consistently allowed expansions there. Then say to somebody else who has
property in a B-2 zone on water, we allowed another business to expand but we are not going
to allow you to expand. From a legal standpoint, Curt, I think we are going to get our butts
sued up and down."
City Attorney: "Are you talking about Mr. Bedell's application?"
Mayor Polston: "That's right."
City Attorney: "I would give you the legal opinion that I think that the Council's position of
last year would be sustained."
Mayor Polston: "Even over and above that, my personal rationale is that I don't see how you
can make that determination and allow certain expansions on property and tell others that they
can't do it. I just can't see it."
28
Mound City Council Minutes
April 11, 1995
Councilmember Hanus: "Otherwise, if this is not permitted, we will not have any further stands
like we talked about in town? Other businesses, like A1 & Alma's, are going to have to be
treated completely different then they have in the past, I think. I just don't know that the
consistency is there. At least, it doesn't appear that way. So we have a choice of denying this
here and denying all similar requests in the future or we can allow this and allow a lot of other
things that have happened in the past to continue also."
Mayor Polston: "I'm not of the opinion that we should go looking to hurt some other business.
I'm just saying that it's really tough for properties that are zoned specific ways to be allowed
to perform or to operate outside what the zoning says that they should be doing and then turn
around and say to somebody else, you can't do it. You're different, your property is different."
Councilmember Hanus: "Especially when you add the fact that this will be an annually renewed
business, reviewed annually. The risk is so low, from that respect, sound o.k. to me."
City Clerk: "I need to know what conditions you are putting on this, because we've never put
conditions on a Transient Merchant License. They just have to follow what the ordinance says.
Mayor Polston: "What are some of the conditions that a transient merchant would have to
follow?"
City Clerk: "And if you're going to grant a variance then you need a resolution.
Councilmember Hanus: "Bob makes a good point. We don't require any of those variances on
any of the other transient merchant licenses."
Councilmember Ahrens: "What if we have a problem with one of those transient merchant
licenses? Can we just go in an pull it?"
City Clerk: "Normally, that license is issued for a specific period of time, like the corn stand
two months."
Councilmember Hanus: "But the code allows for annual license."
Councilmember Ahrens: "Well, I'm really struggling to find a way to try this. If it's a
conditional use permit that says it expires in one year and you can reapply and we'll think about
it again or."
Councilmember Hanus: "That, I am sure we can't do. The code is specific as to what uses are
allowed to have a conitional use permit applied to them and this is not one."
Councilmember Ahrens: "O.K."
29
Mound City Council Minutes
April 11, 1995
Councilmember Hanus: "I don't know if Curt could confirm that or not, but that's the way I
read the code. As far as conditions. One thing that was done and I think it was last year, and
I don't suppose we have it in the handout, the DNR was approached about this and their
response was, correct me if I'm wrong, their response was, if it's allowed their opinion was that
it should be at least 25 feet from the water for whatever reason. I don't recall what. If you
would like to attached a condition, you might want to consider how far it might be from the
water even though it might not be subject to the normal setbacks. I don't think it is anyway just
because of the nature that it's a trailer. It's currently parked where it is ...."
Councilmember Ahrens: "You defeat the purpose of servicing people who are going through
the channel, by now having this 25 feet from the water. Does that mean that now people have
to park their boats and now risk conjesting the channel?"
Councilmember Hanus: "You do if you go back too far. It still has to be somewhat convenient
and also the success of the business somewhat is reliant on its proximity."
Jim Bedell indicated that he felt the DNR letter was referring to a permanent structure not a
trailer.
Councilmember Hanus: "I agree, they were considering it a structure that needed to meet
normal structure setbacks."
Councilmember Jensen: "It looks an awful lot like a structure and since everything else in town
has to be a 50 foot setback from the lake, I can't imagine why we would want to vary from
there."
Councilmember Hanus: "For one thing to assure that it is not a structure, it is a trailer and the
applicants have agreed to do this and that is during the off season that it be moved back further
onto the lot and to maintain that it is currently licensed at all times."
Jim Bedell: "One of the reasons that it doesn't look like a trailer and does look like a structure
is that it has siding, not the normal aluminum siding. We thought it would look better and blend
in better with a conventional roof line and more pleasant to the eye. This is fairly good
looking."
Mayor Polston: "Some of the conditions I have come up with are:
Keep the trailer currently licensed.
Move it back from the lake after the season.
Service people in their boats and not put picnic tables and stuff there so we have
people eating on the property. They are in and out and back on the lake."
Limit the amount of time a boat is allowed to stay at the dock to 15 minutes.
30
Mound City Council Minutes April 11, 1995
Steve Bedell: "The services that I am providing for the public, would be recycling, garbage,
pay phones and portable bathrooms. The ideal customer, is what my goal is, when this business
started, is to get a bunch of laminated menus of all the products I have to offer and to hand them
out. So ideally, the customer would pull in, I would greet them at the end of the dock. I would
control, to my power, the traffic that goes by, they would place their order, I would run back
get their order, take their money and they would be out of there. That would be the ideal
customer visit, not leaving the boat. I don't have a problem with a 15 minute limit."
Councilmember Hanus: "That would allow enough time for at least a couple of people to get
out and use the bathroom if they had to."
Mayor Polston: "Are there any other conditions?"
Councilmember Jensen: "They're proposing to have prewrapped things like sandwiches?"
Steve Bedell: "Non-prepared wrapped sandwiches. There's a guideline found through the State,
I believe it is the Department of Agriculture, that regulates this business."
Councilmember Jensen: "My concern is even more different than that. Jim, I'm sure you've
experienced how you get Hardee's wrappers in your yard, too."
Jim Bedell: "Yeah, you bet."
Councilmember Jensen: "O.K. So are we going to get wrappers in the yards?"
Jim Bedell: "That's something that is beyond our control after the people have the product in
the boat."
Councilmember Jensen: "But, the answer is, yes, there will be sandwiches that they can open."
Jim Bedell: "Yes, but we would hope they would be responsible and we are providing garbage
containers."
Councilmember Hanus: "That was going to be my point, too. That's on the flip side that it's
garbage that could end up in the lake that now, hopefully, will end up in a garbage containers,
too. Could you give me those conditions one more time, I missed a couple."
Mayor Polston:
"1. Keep the trailer currently licensed.
2. Keep it back from the lake."
31
Mound City Council Minutes
City Clerk: ~How far back, 25 feet.?"
Mayor Polston: "Seasonally."
Councilmember Jensen:
Councilmember Hanus:
Councilmember Ahrens:
Councilmember Hanus:
April 11, 1995
"So, how far back is seasonal?"
"I don't know how you would want to state it."
"I would like to see the 50 foot setback during the non-season."
"Technically, I still agree that the trailer should be moved back, but
it they closed the doors and park it where it is, it's still parked legally. But, I am in favor of
requiring moving it because it shows and proves it's mobility and it's not a permanent location.
It forces a non-permanent location."
Mayor Polston: "Is the setback requirement 50 feet?"
Councilmember Ahrens: "Yes, and the applicant says he can meet the 50 foot setback
requirement, no problem, for off-season storage."
Councilmember Hanus: "And during the off-season, are we going to call the off-season at least
180 days of the year?"
City Clerk: "Are you going to give the months?"
Councilmember Jensen: "Yes, you really need to."
Steve Bedell: "I would think April 15 to October 15."
Councilmember Hanus: "So we're saying move it back at least 50 feet, October 15 through
April 15. Be currently licensed at all times. Limit boat stops or customer stops to no more than
15 minutes. What else?"
Mayor Polston: "If there are conjestion or problems related to boats causing conjestion and
confusion in the channel and the Water Patrol or the Police call us, that would be consideration
for denial for the following season."
Councilmember Jensen: "There was discussion about no picnic tables and I don't know if that
got captured."
32
Mound City Council Minu~ April 11, 1995
The City Clerk asked for explicite clarification of what the Council wants for conditions.
Mayor Polston added the following: "There be no picnic tables. They must provide garbage
and recycling receptacles."
Councilmember Ahrens: "They must provide a handicapped accessible portable toilet."
Councilmember Jensen: "Where is that going to be located? I'm more concerned about that
ending up in the lake than anything else."
Mayor Polston: "Just make it a stipulation that the bathroom not be within 50 feet of the lake.
Building Official: "There are a couple of concerns that I have. One regarding the dumpster
area and the city code requirements for a dumpster enclosure.
Mayor Polston: "A dumpster?"
Building Official: "If there's a dumpster or if there is enough trash generation, it may be, that
a dumpster enclosure is required. They have stated that the trash cans or trash area is going to
be screened. That is just a concern of staff. We have received several complaints recently
about the general appearance of this property and the adjacent property regarding exterior
storage."
Mayor Polston: "Several complaints?"
Building Official: "Yes, from Planning Commission members. I have discussed some of these
issues with Mr. Bedell. Also, the other issue that I had was, there may be some building code
issues that apply regarding accessibility to the bathrooms."
Mayor Polston: "Building code requirements to a portable bathroom?"
Building Official: "Yes, there are building code requirements when you have a business and
employees, regarding bathrooms and facilities. I'm just saying there may be issues that we need
to address with the Bedells and work through those issues."
Jim Bedell: "We are dealing with people from the State, or Steve has gone over that. There
are no employees. Steve will be there by himself. But, that is an issue and there is a criteria
that they use. We'll work it out."
Mayor Polston: "Now, on this garbage, you said that you are going to screen it. What kind
of a recepticle are you going to provide, a dumpster?"
33
Mound City Council Minutes
April 11, 1995
Jim Be. dell: "Well, I think what we're going to provide is just two of those commercial,
whatever gallon size, inside like a decorative, wood outside thing. They would be picked up
once a week. I think two of those, one with recyclables and two with garbage."
Steve Bedell: "Similar to like Fletcher's or Excelsior Park Tavern, where they have a wood top
and they drop down into a barrel."
Mayor Polston: "What capacity are you talking about."
Jim Bedell: "Whatever the largest size, 32 gallon or something. Two of those that would be
picked up everyweek.'
Councilmember Ahrens: "You don't think you're going to get more garbage than that?"
Building Official: "I'll work with the applicant. It is possible that an enclosure is required
around their trash containers. It could be that they're plan provides for that and would meet that
section of the city ordinance."
Mayor: "Any other items?"
City Clerk: "Would we like to go through this so Jon knows what he is going to the writting
about?"
2.
3.
4.
5.
6.
e
Snack shop to be 19 feet from the water.
Limit customer stops at the dock to 15 minutes.
Snack shop trailer to be currently licensed year round.
The snack shop will be set back 50 feet from the water during off season.
Season will be April 15 through October 15.
If there are conjestion problems in the channel, precipitating compliants to the
Water Patrol or the Mound Police, this would be grounds for license revocation.
No picnic tables will be allowed on the site.
There must be garbage and recycling recepticles in an enclosure.
The toilet facilities will be handicapped accessible and will be screened from the
lake. These are not to be within 50 feet of the lake and will be removed during
the off season.
The vote was 3 in favor with Jensen voting nay. Motion carried.
INFORMATIONAL/MISCELLANEOUS
A. Department Head Monthly Reports for March 1995.
34
Mound City Council Minutes April 11. 1995
B. LMCD Representative's Monthly Report for March 1995.
C. LMCD Mailings.
The Park & Open Space Commission has rescheduled its Park Tour for Thursday, April
20, 1995, 6:00 P.M. Please make every effort to attend.
E. Minutes of the Planning Commission Meeting of March 27, 1995.
F. Economic Development Commission Minutes of March 16, 1995.
Attached is the following information RE: S.F. 1570 (Property Tax Freeze Bill proposed
by DFL Caucus for 1996):
Memo dated March 31, 1995, from League of Minnesota Cities regarding
proposed tax freeze for 1996.
Letter written to Senator Gen Olson and Representative Steve Smith regarding
how a freeze does not make any sense for cities.
Information compiled by the League of Minnesota Cities on the impact such a tax
freeze would have on various cities across Minnesota.
Gino and I attended a hearing on Tuesday, April 4, 1995, at the Capitol. Senator
Roger Mo., DFL - Erskine, presented the bill to Senate Tax Committee. A
number of cities, counties and school districts were represented. The League
testified against the bill and Jim Miller, Executive Director of the League; Karen
Anderson, Mayor of Minnetonka and 1st V.P. of LMC; Frank Salerno, Mayor
of Ely and 2nd V.P. of LMC; carried the cities message that this bill would have
disastrous effects on municipal operations. At the end of the testimony, the
Committee voted to approve the bill and it now moves through the Senate
process. Governor Carlson is likely to veto it should it ever reach his desk. I
have spoken to both Senator Olson and Representative Smith. Both oppose this
bill and will work to help cities and other local units of government. Governor
Carlson has proposed Local Government Aid (LGA) cuts in
our 1995 LGA payments. This amounts to approximately $60,000 or 7.5% of
the City of Mound's total aid. Governor Carlson is also proposing an additional
$20 million in LGA cuts in 1996. I don't know what that figure is at this point.
Whatever the final decision is regarding property taxes or LGA,
there are going to be some cutbacks. Cities are again being asked to take cuts in
order for the State to balance its budget. This is an annual occurrence which
eventually will, in the minds of Legislators, force reform of the state/local finance
35
Mound City Council Minutes April 11, 1995
system.
REMINDER: Committee of the Whole Meeting, Tuesday, April 18, 1995, 7:30
P.M.
REMINDER: Annual Board of Review, Tuesday, April 25, 1995, 7:00 P.M. Enclosed
are copies of Sales data prepared by the County Assessor's Office. Regular Meeting of
April 25 will follow Board of Review.
We have scheduled Thursday, May 4, 1995, for the Open House on the Mound Visions
project. It will be held from 7:00 P.M. to 9:00 P.M. at City Hall. It will provide an
opportunity for all interested citizens to become familiarized with the Lost Lake Dredging
Project and the Auditor's Road Improvement Project. Please mark your calendars for
this event.
MOTION made by Ahrens, seconded by Hanus to adjourn at 11:30 P.M. The vote
was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
Attest: City Clerk
36
13t.2,
MINUTES -COMMITTEE OF THE WHOLE - APRIL 18, 1995
The meeting was called to order at 7:30 pm. Members present: Mayor Bob Polston,
Councilmembers Ahrens, Jensen, Jessen and Hanus. Also present: City Manager Ed
Shukle, City Engineer John Cameron, Jim Stark and Kyle Beedle, Metropolitan
Mosquito Control District.
The City Manager introduced Mr. Stark and Mr. Beedle who gave an overview of the
responsibilities of the Metropolitan Mosquito Control District. They showed a 12
minute video explaining the roles and functions of the District with the main focus to
of the District to control mosquitos through anti-larval methods. They also explained
in-"
that occasionally they do "adult spray g for certain community events. They
distributed some information with regard to the various types of mosquitos and the
diseases that are transmitted through those certain mosquitos.
John Cameron, City Engineer, was present to review the Lost Lake dredging project
as it pertains to permanent easements that are required from residents at the mouth
of the channel on Cook's Bay. Upon review, the City Council directed that the item
be placed on the April 25, 1995 agenda which will be a motion directing City Staff to
commence negotiations with property owners concerning these easements.
Goal Setting was reviewed. The list that has been ongoing for some time was
reviewed. Particular attention was paid to ways in which the City of Mound could
stimulate senior housing along Commerce Boulevard south of County Road 15. The
City Manager indicated that Westonka Community Action Network (WECAN) had
undertaken a housing survey some time ago, but was unsure as to the status of that
survey. The survey was going to address needs within the community as it pertained
to housing for certain age groups and income levels. The City Manager also explained
that at one time a developer was interested in the City of Mound to build upscale
senior housing. The City Manager will follow up on these issues.
Councilmember Hanus reported that he had done some research by contacting
metropolitan area cities pertaining to administrative ordinances. He intends to bring
a proposal to the next COW meeting with regard to lessening the work load of city
staff as it pertains to review of certain kinds of applications for variances.
The City Manager reported on the Lake Minnetonka Area Cooperating Cities project.
He reported that the Metropolitan Council will be providing a $5000 grant for studying
public safety to look at ways in which cities can cooperate in municipal service
delivery and perhaps even consolidate public safety departments. He indicated that
a consultant will be paid $5000 to prepare this study and will provide
recommendations for cities involved in this study to consider. He also explained that
the Metropolitan Council is continuing to facilitate the studying of other municipal
services for cooperation and collaboration. The City Manager reported that the area
cities have agreed to support a survey that will be conducted by Decision Resources
this spring or early summer for the purposes of identifying public interest in a
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Committee of the Whole Minutes - April 18, 1995 - Page 2
community center for the Westonka area.
Other business reviewed included reminding City Council of the Park Tour which is
scheduled for Thursday, April 20th. The bus will be leaving city hall at 6 PM for the
tour. Councilmember Jensen asked a question with regard to one of the documents
provided previously by Mayor Polston as it related to the crosswalk at the House of
Moy. The next meeting of the Committee of the Whole will be Tuesday, May 16,
199§ at 7:30 PM. Upon motion by Jensen, seconded by Hanus, and carried
unanimously, the meeting was adjourned at 10:10 PM.
Respectfully submitted,
City Manager
ES:Is
208
REsoLUTION//95-
RESOLUTION TO APPROVE A
TRANSIENT MERCHANT LICENSE WITH CONDITIONS
FOR A SEASONAL SNACK SHOP TRAILER
AT 4801 SHORELINE DRIVE
SKARP'S EAST LAWN, LOTS 1, 2 & 3,
PID #13-117-24 44 0052
WHEREAS, Steven Matthew Bedell, d/b/a By the Way Snack Shop, has applied for a
Transient Merchant License to allow a seasonal snack shop trailer at 4801 Shoreline Drive, and;
WHEREAS, City Code Section 485, Subd. 1., defines a Transient Merchant as, "Any
person selling any merchandise, either as principal or agent, from a building or lot which he or
she occupies as tenant at will, or under a lease for a shorter term than six (6) months, or from
a railroad car, or a vehicle (if he or she does not travel about from house to house or from
purchaser to purchaser) is a transient merchant."
WHEREAS, this business is proposed to be water-oriented and will cater to boaters
utilizing the adjacent Seton Channel and will offer service via a tie-up arrangement parallel to
the channel, the two existing docks are proposed to be removed, and;
WHEREAS, the applicant proposes to sell: ice, cigarettes, ice cream, chewing tobacco,
pre-packaged sandwiches, bottles and canned beverages (non-intoxicating), chips, and candy,
sunglasses, suntan lotion, and;
WHEREAS, the applicant also proposes to provide a public pay phone, portable
bathrooms, and aesthetically pleasing garbage and recycling cans, and;
WHEREAS, the subject property is located in the B-2 General Business Zoning District,
and;
WHEREAS, the City Council, at their meeting on April 11, 1995, directed City staff
to prepare a Transient Merchant License with conditions to address issues and concerns relating
to traffic problems or other types of problems that may occur.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound,
Minnesota, does hereby approve a Transient Merchant License for Steven Matthew Bedell, d/b/a
By the Way Snack Shop, to operate a seasonal snack shop at 4801 Shoreline Drive, subject to
the following conditions:
1. The snack shop shall be setback 19 feet from the water.
Proposed Resolu~on
Bedell
Pase 2
April 25, 1995
o
Customer stops in the docking area of the channel shall be limited
at the dock to 15 minutes.
The snack shop trailer to be currently licensed year-round.
The snack shop will must maintain a minimum 50 foot setback
from the water during the off-season (October 16 through April
14).
The season will be April 15 through October 15.
If there are congestion problems in the channel, precipitating
complaints to the Water Patrol or the Mound police, this would be
grounds for license revocation.
No picnic tables will be allowed on the site.
There must be garbage and recycling receptacles in an enclosure.
The toilet facilities will be handicapped accessible and will be
screened from the lake. These facilities shall not be within 50 feet
of the lake, and will be removed from the parcel during the off-
season.
CITY OF MOUND
5341 Maywood Rd,
MOUND, MN. 55364
ERANSIENT MERCHA_~T~PEDDLER OR SOUCITOR
Dat~ for w~icl~ License is Desired
Time of Day Ucense is Desired ~ be used
LICENSE
Drivers License Number
Home Phone: L~"-7 t~
TYPE OF BUSINESS OR DESCRIPTION OF THINGS TO BE SOLD:
BUSINESS NAME:
BUSINESS ADDRESS:
q~ol
BUS..HO.E: 0-7 ~
SALES TAX NUMBER
RESIDENCE OF THE APPLICANT
FOR THE LAST (5) YEARS
SALESPEOPLE
REFERENCES: (GIVE NAMES, ADDRESSES AND PHONE NUMBERS OF THREE)
SIGNATURE OF APPLICANT
DATE OF APPLYING
CITY OF MOUND AUTHORIZATION
MERCHANT
13& ?
$12.00 Annual Fe~
$1.00/Month Pro-Rate
Renewal
~1~ '7'Oe.~. License Yr.
3-1- to 2-28-
NOt Transferable: Person or Premises
7
CITY OF MOUND
5341 Maywood Road ii ~i L.~ ~ ~ ~
Mound, Minnesota 55364 ,. ......... .. ..... ~ ! ~
CIGA~E LICENSE APPLICATION ; '
(Print or type only)
river's Lie. #:
ome Address:
9mpany Name:
ompany Address:
ompany Officials:
Bus. Phone:
Home Phone:
Social Sec. #:
H~0/ ~t~e~'v: ~r~ City: Zip:
~Ol ~~~ O~ City: ~Ob~ Zip:
ffirst) ~i~le) ~st) ~ate o~ ~i~)
2.
ffirst) ~i~le) ~st) ~ate o~ Bi~)
(First) (Middle)
~:, 440:0~ Lkense Required.
o person .~11 dir~tly or indirectly or by means of any device keep for
~tail sale, sell at retail, or otherwi.~ dispose of any cigarette or cigarette
tapper, cigar, pipe, or cigarette tobacco, muff and chewing tobacco
ale~ a license !~ b~n obtained.
(Last) (Date of Birth)
Signature of Applicant
ection 440:15 Restrictions.
:o such license shall be issued except to a person of good moral character.
!o license shall be issued to any applicant at any place other than his
itablished place of business. No license shall be issued for a movable
lace of business. No license shall be issued for a vending machine for the
mding of cigarettes, cigarette wrappers, cigar, pipe, or cigarette tobacco,
raft, or chewing tobacco, except that such vending machine be located in
ich place where persons under the age of 18 years are prohibited from
atering. No person shall sell any cigarette containing any opium, morphine,
mson weed, bella dona, strychnnla, cocaine, marijuana, or any deleterious
r poisonous drug except nicotine..
Department Approval/Denial
(Submit memo if denied)
Approved Denied
Police Dept.
Adm.
Bldg. Dept.
Fire Dept.
DENNY'S SUPER 30 BASS TOURNAMENTS
Denny Nelson
Tournament Director
6550 York Ave So Ste 602
Edina, MN 55424
Telephone 612-925-3226
Fax 612-925-3291
April 11, 1995
City of Mound
Attn. Fran Clark
5341 Maywood Lane
Mound, MN 55364
Dear Fran Clark,
I will be having a bass fishing tournament on Lake Minnetonka on July 16th, 1995. I
would like to hold the weigh-in at the Mound Park on Cook's Bay. The weigh-in will start
at 3:00 PM and should be over about 4:00PM.
We will set up a small amount of equipment, small score board, a couple of small tables
and a tub to hold the fish, between noon and 2:00PM. We would have the area cleaned up
and our stuff removed by 5:00PM.
We will clean up any paper, pop cans, etc. before we leave. We will not block or tie up the
launch ramp and inform the anglers that the swimming beach is close by and they will be
instructed to keep their boats out of the beach area.
Thank You for your attention to this request. If you have any questions please call or.
write me.
Denny Nelso)n~
Tournament Director
13 t
April 17,
RF..CEIVEO PP, 1 8 10t
House of Moy
5555 Shoreline Blvd
Mound MN 55364
Re:
Public Hearing on Crosswalks
for House of Moy
Dear Sirs:
Please don't use "Handicapped" as an excuse to replace the
crosswalks on County Road 15. As a handicapped person I was
told to use the rear door to gain entry to the House of Moy.
Since I had never been there before, I tried two different
rear doors, as there was no signage on the back doors. It
seems when the last remodeling was done, no thought was given
to installing a ramp on +~ ~+ of ~
~,~ ~ ~e building, the stairs
were le£t as they were.
When i did find the correct door, I had to move boots, coats
and chairs stored in the hallway.to get into the eating area,
much less almost having to go through the kitchen. I didn't
check the restrooms, are they "wheelchair" accessible?
It seems one of your reasons for demanding the return of the
crosswalks is to improve accessibility for the handicapped.
If that truly is one of your concerns, then why not clean up
the rear parking area, stripe handicapped spaces, put up
handicapped signs and light up the rear entrance? Then clean
up the hallway into the dining area.
Is a crosswalk really necessary? If you have handicapped
accessibility in the rear of the building, it seems to me
that the able-bodied could certainly walk less than 1/2 a block
to the traffic lights to cross safely.
Please discontinue to use "Handicapped" as a political ploy
for some people's excuse to pit neighbor against neighbor.
~, as a ~.~,di~d person, do not care i£ the crosswalks
are replaced or not. This whole issue has been blown into
something it is not! A fight for "Handicapped" access.
A Concerned Wheelchair Per~on,
e en R. King ~
St v
5298 Edsall Road ~
Mound MN 55364
NeWspaper
RESOLUTION NO. 95 -
RESOLUTION AMENDING PROJECTED USE OF FUNDS
FOR 1995 URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Mound, through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County
Community Development Block Grant Program; and
WHEREAS, the City of Mound developed a proposal for the use of Urban
Hennepin County CDBG funds made available to it, and held a public hearing on
February 28, 1995, to obtain the views of citizens on local and Urban Hennepin
County housing and community development needs and priorities the City's proposed
use of $72,239 from the 1995 Urban Hennepin County Community Development
Block Grant.
WHEREAS, it is necessary to amend the projected use of funds in order
to reduce the amount of funding to public services activities to no more than 20% of
the city's allocation.
BE IT RESOLVED, that the City Council of Mound, Minnesota, approves
the following projects for funding from the Urban Hennepin County Community
Development Block Grant Program and authorizes submittal of the proposal to
Hennepin County for review and inclusion in the 1995 Urban Hennepin County
Community Block Grant Program.
PROJECT BUDGET
Rehabilitation of Private Property
Westonka Senior Center Operations
Westonka Community Action Network (WECAN)
Westonka Intervention
Community Action for Suburban Hennepin (CASH)
957,791
$ 8,669
$ 3,034
$ 1,878
$ 867
The foregoing resolution was moved by Councilmember and seconded
by Councilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Attest: City Clerk
Mayor
Municipal Offices
7701 County Road 110 West
Minnetrista, MN 55364-9552
April 17, 1995
Ms. Fran Clark-Leisinger, CMC
City of Mound
5341 Maywood Road
Mound MN 55364
Dear Fran:
Enclosed is the original agreement for the Troy Hicks sewer connection.
The location of the property is 2255 Westedge Blvd. The agreement has
been executed by Tim Salazar, Mayor and myself.
Please let me know if you need any additional information.
We appreciate the cooperation you and the city council have given
Minnetrista and Mr. Hicks.
Sincerely,
Charlotte Erickson
Administrator/Clerk
Enclosure
OFFICE 612-446-1660 ~r FAX 612-446-1311
AGREEMENT BETWEEN THE CITY OF MINNETRISTA ~
THE CITY OF MOUND RELATIVE TO PROVIDING UTILITY
SERVICE TO A MINNETRISTA PROPERTY OWNER
THIS AGRE~NT, made and enter into this day of ,
19 , by and between the City of Minnetrista, a municipal corporation, of the County of
Hennepin and the State of Minnesota, hereinafter called "Minnetrista", and the City of Mound,
a municipal corporation of the County of Hennepin and State of Minnesota, hereinafter called
"Mound" and Troy Don0van Hick& the owner of property described as: Lot 1, Block 1,
W00dview Estates -pid #15-117-24 44 0006 (2255 Westedge Bird3, Hennepin County,
WITNESSETH:
WHEREAS, Mound has in place a sanitary sewer line at the Mound City limits
along its boundary with Minnetrista; and
WHEREAS, said property in Minnetrista is isolated from existing sanitary sewer
in Minnetrista and is owned by the party requesting connection to City sewer; and
WHEREAS, Mound has indicated that they will allow a sanitary sewer connection
to the Mound in place line so that the proposed home on said property in Minnetrista can be
served by said service; and
WHEREAS, the parties have mutually agreed that it is in the best interest of
public health, safety and welfare to provide sanitary sewer service from the Mound system to
the Minnetrista property owner, and that Minnetrista and the Owner of said property will pay
to Mound the following established amounts and will abide by the rules and regulations
established for the Mound system and as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein described,
IT IS HEREBY AGREED as follows:
The entire cost of the service connection shall be borne by the Owners of
said property requesting the connection.
This Agreement shall limit the number of connections to one. Any
additional connection request would require further action by both the City
of Mound and the City of Minnetrista.
Within the limits established in this Agreement, the property Owner in
Minnetrista shall be allowed to connect and become part of the sewer
system of Mound, and shall be subject to the same charges and regulations
as property owners of Mound.
In addition to all the costs incurred and paid by the Owners for the
property as outlined in Paragraph 1, the Owner shall, prior to the time
they connect to Mound's sanitary sewer system, pay to Mound the
availability and connection charges as follows:
CONNECTION CHARGE:
Original Unit Assessment - 1 unit @ 292.00/unit $ 292.00
Original Footage Assessment - 563.84 L.F. @ 9.04/L.F. 5,097.11
Availability Charge- 1 unit @ 125.00/unit 125.00
TOTAL CONNECTION CHARGE
$5,514.11
Administrative, Legal mud ~._,n~,n~nn~,,,i ' o Expense
$ 80o.00
TOTAL CHARGE
$6,314.11
QUARTERLY SEWER USE CHARGE
To be determined by Mound's regular rate. The current rate for this type of
service is $30.85 per quarter minimum for 10,00O gallons or less plus $1.95 per 1,000 gallons
over 10,000.
The owner in Minnetrista connected to the Mound system shall be billed
usage charges on the basis of the same sewer rates applicable to users in
Mound, said charges to be billed directly to the user in Minnetrista.
Minnetrista shall guarantee payment of these charges, subject to the
cooperation of Mound in providing information to Minnetrista which will
allow Minnetrista to specially assess unpaid sewer use charges against the
Minnetrista property.
The Owner in Minnetrista connecting to the Mound system shall be
required to obtain a construction permit from Mound for a sewer
· -, ,'*; .. pay all connection fees in ~he same amounts and
con,,e,.~,on and shall
manner as Mound residents.
o
Mound and Minnetrista shall not be responsible to any person, firm, or
corporation for damages claimed as a result of backing up of sewers in
any basement in Minnetrista.
Mound will perform all normal maintenance on the sanitary sewer lines
within the Mound corporate boundaries. Minnetrista will perform all
normal maintenance on the above described sanitary sewer line within the
Minnetrista corporate boundaries, except that the Owner shall be
responsible for the maintenance of said sewer line located within the
Owner's property.
Construction of the service line to the individual home shall be the
responsibility of the Owner in Minnetrista under the supervision of and
subject to all Minnetrista codes and regulations.
10.
All sanitary sewer construction by Minnetrista and the Owner in
Minnetrista shall meet the requirements of Mound's Sanitary Sewer
Standard Specifications, and any special provisions deemed necessary by
the Mound City Engineer.
11.
Mound agrees to cooperate and make available any and all records, plans,
specifications, and other materials which may be necessary for
Minnetrista.
12.
The Residential Equivalency Unit (REV) charged by the MWCC for fi'ds
hook-up shall come from the City of Minnetrista's allotment.
13.
This Agreement and provisions of sewer service shall not be considered
as evidence in any detachment of annexation proceedings.
IN WITNESS WHEREOF, the parties have hereunto authorized and entered into
this Agreement upon authority of the City Council of the City of Minnetrista and the City
Council of the City of Mound.
IN THE PRESENCE OF:
C.~...~Y OF lVIINNETRIS~
City Administrator/Clerk
Charlotte Erickson
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this , ~t-/~ day of
A~m.C: I , 19c(5-, by Tim Salazar and Charlotte Erickson, the Mayor and City
inistrator/Clerk, of the City of Minnetrista, a Minnesota municipal corporation, on behalf
of the municipal corporation.
· AAAAAAAAAAA^ AAAAAAA ^AAAAAAAAAAAAAA
{. "" , JOAN M. SANDQUIST
ONOTARY PUBLIC-#INNE$0TA
HENNEPIN COUN~
My Comm. Expires Jan. 31, 2000
IN THE PRESENCE OF: CITY OF MOUND
BY:
Mayor Bob Polston
BY:
City Manager
Edward 1. Shukle, Jr.
STATE OF MINNF_SOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
, 19 , by Bob Polston and Edward J. Shukle, Jr., the Mayor and City
Manager of the City of Mound, a Minnesota municipal corporation, on behalf of the municipal
corporation.
NOTARY
IN THE PRESENCE OF:
OWNER(S)
BY:
Troy Donovan Hicks
BY:
STATE OF MSNNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
., 19 , by
NOTARY
BILLS.
April 25, 1995
Batch 5033
Batch 5042
Total Bills
$156,117.27
142,516.45
$298,633.72
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CITY OF MOUND
BUDGET REVENUE REPORT
March 1995
25.00%
GENERALFUND
Taxes
Business Licenses
Non-Business
Licenses and
Permits
I ntergovem mental
Charges for
Services
Court Fines
Other Revenue
Charges to Other
Departments
March 1995 YTD
BUDGET REVENUE REVENUE
1,254,200 0 0
9,800 25 1,117
66,000 7,129 15,130
888,590 1,444 27,615
47,850 392 2,051
60,000 7,923 13,989
81,900 466 406
0 1,194 3,039
PERCENT
VARIANCE RECEIVED
(1,254,200) 0.00%
(8,683) 11.40%
(50,870) 22.92%
(860,975) 3.11%
(45,799) 4.29%
(46,011) 23.32%
(81,494) 0.50%
3,039 N/A
TOTAL REVENUE
2,408,340 18,573
63.347 (2.344.993) 2.63%
FIRE FUND
RECYCLING FUND
LIQUOR FUND
WATER FUND
SEWER FUND
CEMETERY FUND
DOCKS FUND
325,785 30,560
88,320 4,890
1,400,000 99,587
400,000 25,258
730,000 53,768
5,650 240
70,800 20,548
95,799 (229,986) 29.41%
15,120 (73,200) 17.12%
277,012 (1,122,988) 19.79%
75,345 (324,655) 18.84%
167,745 (562,255) 22.98%
240 (5,41 O) 4.25%
71,471 671 100.95%
01/14/95
rev95
G.B.
I Y35'
CITY OF MOUND
BUDGET EXPENDITURES REPORT
March 1995
25.00%
GENERAL FUND
Council
Promotions
Cable TV
City Manager/Clerk
Elections
Assessing
Finance
Computer
Legal
Police
Civil Defense
Planning/Inspections
Streets
City Property
Parks
Sum mer Recreation
Contingencies
Transfers
March 1995 YTD
BUDGET EXPENSE EXPENSE
69,330
4,000
I 380
184. 000
2 670
51.700
155 920
24 800
103 52O
833,350
4,610
162,280
400,860
101,160
133,530
28,960
15,000
140,960
2,178 29,938
0 0
0 0
20,863 43,683
106 1,824
23 161
16,087 35,545
661 8,321
2,569 14,390
81,543 198,411
0 556
11,511 30,462
34,268 90,999
9,683 22,733
12,575 25,372
0 0
5,700 6,500
10,587 31,761
VARIANCE
39,392
4,000
1,380
140,317
846
51. 539
120 375
16 479
89 130
634 939
4,054
131,818
309 861
78,427
108,158
28,960
8,500
109,199
PERCENT
EXPENDED
43.18%
0.00%
0.00%
23.74%
68.31%
0.31%
22.80%
33.55%
13.90%
23.81%
12.06%
18.77%
22.70%
22.47%
19.00%
0.00%
43.33%
22.53%
GENERAL FUND TOTAL 2,418,030 208,354 540 656 1,877,374 __22.36%
Area Fire
Service Fund 285,330 13,905 54,628 230,702 19.15%
Recycling Fund 118,590 13,202 32,281 86,309 27.22%
Liquor Fund 197,410 18,682 51,715 145,695 26.20%
Water Fund 371,690 46,664 96,740 274,950 26.03%
Sewer Fund 1,01 9,480 118,386 310,549 708,931 30.46%
Cemetery Fund 5,840 164 203 5,637 3.48%
Docks Fund 78,700 18,933 20,928 57,772 26.59%
exp95
01/14/95
G.B.
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
APRIL 10, 1995
Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank
Weiland, Bill Voss, Jerry Clapsaddle, Lisa Crum, and Becky Glister, City Council
Representative Mark Hanus, Building Official Jon Sutherland and Secretary Peggy
James. Commissioner Ed Surko was absent·
The following people were also in attendance: Jeff and Elizabeth Bjerksett, Steve
Bedell, and Jim Bedell.
MINUTES
The Planning Commission Minutes of March 27, 1995 were presented for approval.
MOTION made by Voss, seconded by Glister, to approve the Planning
Commission Minutes of March 27, 1995 as written. Motion carried
unanimously.
Chair Michael suggested that Case #95-12 be heard first. There were no objections.
CASE #95-12: JEFF & ELIZABETH BJERKSETT, 2605 TYRONE LANE, LOTS 1,
2, & 3, BLOCK 17, SETON, PID #19-117-23 23 0158. VARIANCE TO ALLOW
DETACHED GARAGE AND DECK.
Building Official, Jon Sutherland, reviewed the staff report. This property is located
in the R-2 Zoning District, which requires a minimum lot area of 6,000 square feet, a
front yard setback to both Tyrone Lane and Carrick Road of 20 feet, a rear yard
setback of 15 feet to the south, and a 6 foot side yard setback to the west.
The pond noted on the survey is not subject to the 50 foot lake setback. The pond
is connected to the wetlands and then to the lake by a very narrow channel. The
outlet of the connecting channel is above the Ordinary High Water Mark (OHW), and
therefore, it is not considered as the main body of the lake.
According to the survey submitted by the applicant, the existing dwelling is
nonconforming to the front, Tyrone Lane, with a 9.3 foot setback. The applicant is
seeking variance approval for the following:
To construct a new 20' x 24' detached garage with a nonconforming front yard
setback of 11 feet. There is I foot between the front lot line and the curb.
Planning Commission Minutes
April 10, 199.5
2. To construct an upper deck (16' x 16') and a lower deck (12' x 45.5') onto the
dwelling. The decks are fully conforming.
The existing shed is conforming to setbacks, however, it appears to be located in the
floodplain and it must be raised and a building permit must be obtained. The existing
and proposed hardcover is conforming.
The garage location is somewhat limited due to topography. The lot slopes quickly
down towards the west, and the garage will require some retaining walls at the rear
side.
Staff recommended the Planning Commission recommend approval of the variance
request as proposed due to the limiting topography, floodplain, and the difficulty of
locating a garage on a corner lot under these circumstances. This approval is subject
to the applicant obtaining a building permit for the shed and raising or relocating the
shed to a conforming elevation (minimum 933).
The Building Official referred to a similar case on Essex Lane which received a front
yard setback variance for a detached garage due to topography. The Commission also
recalled a case on Wexford Lane which involved an attached garage which received
a front yard setback variance.
Mueller expressed a concern about the site line when backing out of the garage. He
would prefer to see the doors face the side. The applicant emphasized that facing the
doors to the side would not work due to topography.
MOTION made by Voss, seconded by Crum, to recommend approval of
the variance as recommended by staff, and including the findings as
listed in the staff's report.
The findings in the report were reviewed. Hanus commented that an additional finding
could be the I foot of boulevard between the curb and the property line.
MOTION carried 7 to 1. Those in favor were: Clapsaddle, Crum,
Weiland, Michael, Voss, Glister, and Hanus. Mueller was opposed.
This case will be reviewed by the City Council on April 25, 1995.
2
Planning Commission Minutes
CASE #95-09: STEVEN BEDELL, 4801 SHORELINE DRIVE, SKARP'S EAST LAWN,
LOTS 1, 2, & 3, PID 13-117-24 44 0052. VARIANCES TO ALLOW SNACK SHOP
TRAILER.
Jori Sutherland, Building Official, reviewed the Planning Report prepared by Mark
Koegler. At the March 13, 1995 Planning Commission meeting, this case was tabled
with direction to staff to identify all potential variances involved. The Commission
also requested the applicant respond to all the applicable variances. Subsequently,
Mark Koegler wrote a letter to Steve Bedell on March 21, 1995 which included a
listing of applicable code sections. Steve Bedell then submitted a reply to this letter,
and ultimately, the Staff Report was prepared. The staff report includes a listing of
the applicable code sections and additional staff comments based on Mr. Bedell's
responses.
Staff Recommendation: When this request was reviewed last year, it was
unanimously denied by the City Council. In the view of staff, this action was
conclusive and should be repeated again unless the City Council either determines that
something has changed or that they have been provided with new information which
leads to the conclusion approval should occur.
Chair Michael entertained comments and questions from the Commission. Mueller
noted a statement within the response written by Steve Bedell, "The snack shop is the
first step in using this property for what it is intended for, commercial use." Mueller
is in favor of this statement, and questioned the applicant what the next step would
be to move this property towards a conforming commercial use, and what is the
timeline?
Jim Bedell explained that Steve Bedell is purchasing the property, and their long range
plan is to develop the property into townhomes, a motel, or a small restaurant. Jim
explained that he owns the adjacent parcels, and the plan includes incorporation of
these adjacent parcels.
Mueller referred to the special shoreland provisions as noted on page 44 of the packet,
and commented that he would be more in favor of the proposal if the hardcover was
conforming, and the snack shop maintained at least a 25 foot setback from the
ordinary high water mark. He is also uncomfortable with the multiple uses without
having sunset provisions.
3
Planning Commission Minutes April 10, I995
Mueller noted that there are a fair amount of B-2 properties with residential uses, and
questioned what would preclude other B-2 properties from setting up a snack shop on
their property? It is his opinion that the new use should meet the requirements of the
ordinance.
Crum expressed a concern about possible odor from the Satellite and how this may
affect adjoining properties. Jim Bedell noted that the Satellites will be screened with
lattice or fencing and may be screened with some shrubs. Steve Bedell noted that the
Satellites will be cleaned twice a week.
Crum questioned the applicant if any new information has been received from the
Water Patrol relating to boat traffic concerns. Jim Bedell replied that there is no new
information. Voss clarified that the Water Patrol enforces the State Laws and the
LMCD's ordinances, and the proper agency to give approval on this issue should be
the LMCD. Jim Bedell explained that this business is entirely water oriented. Crum
expressed her concerns about boat traffic. Becky Glister stated that she has been
boating on Minnetonka for 16 years now and navigation through this channel is a
nightmare, she is very concerned about the control of boat traffic and views
congestion as a serious problem.
Hanus commented that if boat congestion is such a big concern to the point where
this business will not be allowed, then maybe this property should be rezoned,
because, how could this property accommodate a future use which may have a
greater impact on boat traffic? Hanus noted the existing docks are intended to be
removed and this should ease the congestion.
Clapsaddle commented that it may be reasonable to allow this use as an experiment.
Crum explained that they need to look for hardship or practical difficulty and that she
cannot support this proposal as it is an intensification of a nonconforming situation.
Crum reiterated the City Council's previous action to this request, and agreed that the
granting of this variance would be detrimental to the public welfare and injurious to
other properties in the area, there is no hardship, and there is no valid reason to
approve the variance. To further explain how the proposed use would be a detriment,
Crum explained that boat traffic is a major concern.
The applicant's compared their request to the conditional use permit issued for Al &
Alma's. Mueller replied for the Commission stating that what they approved was to
be a "deintensifica-tion" of the use. Clapsaddle commented that the Al & Alma's case
is not germane to this case.
4
Planning Commission Minutes
April 10, 1995
MOTION made by Crum, seconded by Glister, to recommend denial of
the request as recommended by staff.
Mueller questioned the commissioner's about how they see this property used in the
future. Crum commented that she does not know how this property should be
developed, but she does not feel this is the solution and that it is not a move in the
right direction.
Voss commented that other existing nonconforming uses within the City, such as Al
& Alma's, are grandparented uses, and if this snack shop is allowed it will then
become a grandparented use, and what would prevent it from growing? Once this
snack shop is approved, the City would be stuck with it.
Becky Glister sees this property developed in the future as townhouses or a restaurant
with a view, but without lake access.
Jim Bedell compared their request to Al & Alma's and noted that screening or lighting
was not addressed with their recent application. Jim also referred to other Satellites
which are located on public property and located within 50 feet of the ordinary high
water, such as those at Centerview Beach and at Coffee Channel.
Voss confirmed for the applicant that if the request was conforming to the ordinance,
he may consider approval of the request, but unless it can be conforming, he is
opposed to the request.
Mueller noted that he hoped for a trial approval with the opportunity to review the use
after a trial period.
MOTION to deny carried 6 to 2. Those in favor were: Clapsaddle,
Weiland, Michael, Voss, Crum, and Glister. Mueller and Hanus were
opposed.
The Building Official informed the Commission, and the applicants, that
Councilmember Hanus has requested of the City Manager that this case be placed on
the City Council agenda for April 11, 1995. It is his understanding that this item will
be on the April 11 agenda for discussion purposes; he does not believe it is intended
to be voted on until April 25, 1995. The City Planner will not be present at the April
11 meeting. Hanus explained that his reason for placing this request on the April 11
agenda is because on April 25 the Council agenda is very heavy due to Board of
Review.
5
Planning Commission Minutes April I0, I995
Hanus clarified his reason for opposing to the motion. He is not in favor of total
denial, he feels there could be a middle ground and would like to see the use grow to
a point where the house may have to be removed.
Voss stated that there is no hardship.
CITY COUNCIL REPRESENTATIVE'S REPORT
Mueller commented, for the record, that he is not in favor of how the Commons Task
Force was established. Hanus explained his reasoning for how the task force was set
up is that you need people who use the system and people who have problems in
order to identify the problems. He would like the attitude of the commons changed.
The commons should be useable for everybody.
MOTION made by Voss, seconded by Weiland, to adjourn the meeting
at 8:59 p.m. Motion carried unanimously.
Chair, Geoff Michael
Attest:
6
League of Minnesota Cities
RECEIVED APR1 ! Lq§5
3490 Lexington Avenue North
St. Paul, MN 55126-8044
April 5, 1995
Dear City officials:
,,MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES."
On behalf of the League of Minnesota cities, I extend an invitation
to all city officials to attend the League's 1995 Annual Conference.
The conference is scheduled at the Duluth Entertainment Convention
Center, June 13-16. Enclosed is a preliminary program, along with
the registration and housing form. League staff urge you to register
as early as possible, to expedite the registration process.
Another outstanding program has been planned by the Conference
Planning Committee. The committee represents city officials like
yourself, who understand the needs of cities.
Beginning with the Leadership Institute's pre-conference session for
elected officials, "Beyond Council Gridlock: Working Toward
Consensus", there are 30 sessions to choose from--including four
general sessions. Tracks are planned around: LEADERSHIP,
FUNDING/RESOURCES, PERSONNEL, COMMUNITY, and SKILL DEVELOPMENT.
A special program has been planned for small cities, again by members
from smaller communities, and includes six sessions on Thursday, June
15.
As the Minnesota Legislature does not adjourn until shortly before
the conference, the LEGISLATIVE UPDATE will be held at the Annual
Meeting, Thursday, June 15.
The City of Duluth is planning a big welcome. They invite you to
COME EARLY/ENJOY DULUTH. For what to see and do call 1-800-4-DULUTH!
We will kick off the conference at the LAKE SUPERIOR ZOO, with
animal exhibits, exotic bird show, food, and entertainment. City
Night is planned at the DEPOT, around Minnesota's largest collection
of antique railroad engines and cars. Also featured is the
Children's Museum, Duluth Art Institute, and St. Louis County History
Museum.
The Family Program includes tours of Glensheen Mansion, the flagship
William A. Irvin Marine Museum, arrangements for charter fishing on
Lake Superior and more!
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
(612) 490-5600 1-800-925-1122 plus your city code TDD (612) 490-9038 Fax (612) 490-0072
This year there will be another DISPLAY OF FLAGS in the exhibit area.
We appreciate the interest and participation you've shown in the
past, and hope to have your flag to display again this year.
If you have any questions regarding the Parade of Flags, conference
and housing reservations, please call Darlyne Lang or Cathy Dovidio
at the League office.
I look forward to seeing you in Duluth.
Sincerely, .
Chuck Winkelman
Mayor, St. Cloud
President, League of Minnesota Cities
~e of Minnesot~ Cities
· 995 Annu Conference
June
Duluth, Minneso~
Tuesday, June 13
Kick-off Event
Lake Superior Zoo
6:30 p.m. * West Duluth
Experience some of Duluth's wild
'nightlife - make that night wildlife-
among the lions, tigers and polar bears,
as well as kangaroos, cougars and some
500 other animals from around the
world. The kids will especially love the
hands-on fun in the Contact Center.
Perfect for the kids! The Barnyard
Boys, a popular group patterned after
the "Teddy Bear Band" from the Twin
Cities, will perform popular kids
favorites. The parents enjoy this show
as much as the kids!
City officials and families can head for
this fun at the Head of the Lakes/
An old-fashioned barbecue spread,
compliments of the Minnesota League
of Cities, and a cash bar will keep you
fed and watered, just like the animals.
Something tells us it's all happening at
the zoo on June 13, so don't miss it!
Wednesday, June 14
Host City Night
The Depot (St. Louis County Heritage
& Arts Center)
6:30 p.m. * Downtown Duluth
Built in 1892 as a railroad station, the
Depot is listed on the National Register
of Historic Places. It is now home to
Minnesota's largest, most varied
collection of antique railroad rolling
stock, including the state's first
locomotive, the William Crooks, dating
back to 1861.
The Depot also houses the Duluth
Children's Museum, the St. Louis
County Historical Society (a regional
history museum) and the provocative
galleries of the Duluth Art Institute.
The Depot - home to three museums and art institutes in
downtown Duluth.
Photo courtesy of St. Louis County Heritage and Arts Center
While strolling the cobblestone indoor
street and turn-of-the-century shops,
you'll enjoy a complimentary pasta
buffet and cash bar.
Program schedule
(All conference events are at the
Duluth Entertainment and Conven-
tion Center unless otherwise
idicated.)
Tuesday,
June 13, 1995
PRE-CON--CE
SESSION
Leadership Institute for Elected
Officials (see separate registration
form)
1:00 - 5:00 p.m.
Tuesday Night Kick-Off
Family Night at the Zoo
6:30 p.m.
Wednesday,
June 14, 1995
WELCOME/
OPENING SESSION
9:00 - 10:15 a.m.
Joe Sensenbrenner, President,
Sensenbrenner Associates; Former
Mayor, Madison, Wisconsin
"Building Quality Communities"
BREAK
10:15 - 10:45 a.m.
CONCURRENT SESSIONS I
(choose one)
10:45 - 11:45 a.m.
Generating Public Involvement:
Citizens Are the Riches of the
Community
Introduction to the benefits of citizen
involvement and case study
How to generate and sustain
community support and responsibility
among residents
Using volunteers to provide services
without increasing costs
What "players' and in what format
should participation be invited?
FUNDING/RESOURCES
Update on Community Oriented
Policing
Outlook from Washington D.C.
What Minnesota communities are
doing
Resources available to your
community through a new
collaborative venture in Minnesota
PERSONNEL
Effective Staff/Council Relationships
(for elected officials and staff from
cities with professional management)
Roles and interaction of roles
(council-policy, staff-
implementation)
What info does council need from
staff (abundance of info and
presentation of it)
Defining expectations (of managers/
administrators) and establishing
accountability
The importance of teamwork
COMMUNITY
How Cities Can Benefit from
Telecommunications
Brief, easy-to-understand overview of
what is meant by telecommunications
Benefits of telecommunications to
cities of varying sizes and geographic
locations
Applications available now (and used
in other cities)
What's available for the future
Examples of cities currently using
and benefitting from
telecommunications
FUNDING/RESOURCES
Economic Development Tools --
What's Left?
An analysis of economic
development: what is it?
A review of existing programs, recent
constraints
Packaging programs for maximum
effect
Tapping the private sector
Nuts and bolts information
EXHIRITORS' LUNCHEON
11:45 a.m.- 1:15 p.m.
GENERAL SESSION
1:15 - 2:15 p.m.
Renegade Theatre Company,
Duluth, MN
Dramatic Presentation:
"Where Have All the Values Gone?"
BREAK
2:15 - 2:45 p.m.
MINI INSTITUTES
(choose one)
2:45 - 4:45 p.m.
Communicating Your City's Message
Featuring videotaped examples and
audience participation, a top media
expert will take you through the do's
and don'ts of developing your city's
message. Topics to he covered
include:
Understanding the difference between
news, marketing and advertising -
when and how to best use each one to
communicate your message
What makes something newsworthy
How to talk or NOT talk to the press
to effectively communicate your
message
How to manage the flow of
information
Basic Planning for Your City's
Future
Why it's important to develop a
vision for your city
How to get "buy in"
Developing a long range plan to
obtain/maintain needed resources
(people, money, infrastructure)
Defining a Capital Improvement Plan
and a Comprehensive Plan
· Special Update for Elected Officials
(Municipal Law)
If you struggle with questions about
what you and your elected colleagues
on the council can and cannot do -
as well as other complexities of the
law - then this mini institute is for
you. Learn the valuable information
in an entertaining but highly instruc-
tive presentation. Issues to be
covered include:
Open Meeting Law
Ethics -- new gift law and conflict of
interest
Land Use Law
Community Livability/Recreafing a
Sense of Community
Nationally and locally, there is a
growing movement to regain our
sense of community. But what does
this mean for all of us - as city
officials and citizens? This workshop
will utilize a variety of presenation
approaches as it explores the topic
more closely. Following is a brief
outline:
business as well), i.e.
· employee breakfast
· recognition awards
· merit pay
Examples will range from easy-to-
implement to more sophisticated
strategies
SKILL DEVELOPMENT
Point of Order!
This lively presentation will focus on
how best to use parliamentary
procedure in your meetings.
Practical application
Proper procedure
Do's and don'ts
ESPECIAI J.Y FOR
SMAI.I~ CITIES
Discipline's Role in Enhancing
Staff Performance
Use of performance evaluations to
head off problems before they
become too large
How to make discipline a positive
action
Legal requirements for successful
discipline or termination actions
How elected officials can indicate to
manager that actions/activities are not
consistent with expectations
How to deal with individuals that
have chronic bad attitudes
ESPECIAI.I.Y FOR
SMA! I. CITIES
Economic Development Strategies -
Part I: The Basics
The need for economic development
Bringing in new development and
retaining/developing current business
Tools available
· business assistance programs
· overview of state and federal loan
programs available to assist in local
development plans
Technology's emerging
BREAK
10:00 - 10:30 a.m.
CONCURRENT SESSIONS Ill
(choose one)
10:30 - 11:30 a.m.
Dealing with Controversial Issues:
Better than Dealing with Apathy
The benefit of maintaining a positive
attitude about controversy (i.e.
passion is okay, an uniformed public
may pose more challenges)
How to educate and involve the
public to minimize negative impacts
How to divert public energy and
involvement into productive
directions
Wednesday's dramatic presen~o_n features
an original script and an entertaining message
The Wednesday Afternoon
General Session will present a
dram, atic presentation you certainly
won t want to miss. The presentation,
"Where Have Al the Vabes Gone,"
is an ori.qmal script developed
spec f ca]ly, for the Annual Confer-
ence and focuses on how to dea
with the cynicism that seems to be
prevelant ioday belween the city
bffic a s and the public. Renegade Renegade Theatre Company
will examine these altitudes as we l
asprovide smiles and laughs for this year's conference.
The Renegade Comedy Theatre is a professional theater company based
in Duluth. In addition to producing original material for organizations like the
League of Minnesota Cities to write an~l perform an original piece of work,
they also have a set season featuring four productions a yea[.. T,,he the, m.e.s
and show types vary from season to. seaso.n.: The sp.ring an,d tall pr~,u.,c, nons
feature works by established and often welt-known playwriflhts, i.e. Wi,iam
Shakespeq. re, George Bernard Shaw, Henrik Ibsen Sam S'hepard. On the
other hand, the summer and winter shows feature original scripts written by
members of the company. The summer show is typically an outdoor family
melodrama. The winter production is the Annual Holiday Comedy Revue -
guaranteed to tier you bughin.q and leave you with a smile on your bce as
you face the holiday season ahead.
The abilities to create and innovate a, re Ho hallmarks of Renegade
Comedy Theatre and Ho reasons th~ re involved with this year s confer-
ence. Reneflade currently cons sts of three members - Brian Matuszak, Dorm
Hanson anarTom Mart nson - who had pr. eviously been involv.ed f9r ten
years with another professional company based in Dulu~,, Colder by the
lake. They and three other memberb comprise Renegade s core group.
The Renegade Theatre Company has created and performed original
material for other .qroups and events in and around the Duluth area. Their list
in this regard is rat-her extensive and includes: the Rotary Club of Superior,
Wisconsin the National Rotary Club Convention in Duluth, Lake Superior Ad
Club Award Ceremony, National Assoc ation of State Aviation Officials
(produced an original ,murder mystery) Hospitality Conference for Duluth
Convention and Visitor s Bureau, and the Duluth Postal Convention.
There seems to be a growing, grassroots trend within communities across
Minnesota and the Unit~ States to revisit and redefine what it means to be a
citizen. In many instances, citizens and local officials are workJn.q at how to
strengthen and recreate a sense of community in their city or neighborhood.
their strengthen the notion of citizenship and recreate a sense of community
within our cities. This is hap~ninfl in communities across the United,States,
and citizens as well as ci~ official~ are ca[tying the torch. This year s
conference has identified thislt seems there s a strong movement among many
citizen groups and elected officials to revisit and
Identify and discuss what is meant by
"community livability and recreating
a sense of community" and then lay
out a framework that can help you
proceed
Case studies from cities discussing
actual projects they've undertaken
and what the results have been to date
(these can serve as models for other
cities)
Keynote speaker is evidence that building
quality cities is more than words
It seems like everyone is talking about qu,al!ty th,e, se
days: quality, services, qual!~ prSclucts, ancl the all too
well known lack of quality that we surmise, is a
:~ haunting indication that someone ust doesnt care. .
But what is auality? How do we grow and measure
',,,'"" it? And how cio we get cities and communities excited
· about it and skilled in techniques for achieving it - from
· b the too to the bo,om in large municic, alities and small?
Joe Sen,,~nbr~nn~r How ~1o we deliver lOCal g~vernment s' ervices with care
and quality written all over them~
,, These questions are at the h~rt of Joe Sensenbrenner s key,note address,
Building Quality Communities, which is part of Wednesday s Opening
GeneraiSession.
Joe Sensenbrenner, brmer mayor of Madison, Wisconsin and for. ruer Deputy
Attorney Genera for the state, was the first public official to adopt the tech-
niques of Total Quality Manggement (TQMJon a ci ,h~,vi,d,e scale. Str.ugglin, g
wi~ a declin ng economy decreasing revenues, and public pressure to reauce
expenditures, Sensenbrenner (along with his assembled team of city employees
and, quality advOCates) beg. an using TQM as an approach for restructuring the
,city s decision making and service clelivery systems during the beginning o[ his
tirst term.
From 1983 to 1989, Sensenbrenner pioneered serv ce improvements in
virtually every municipal activity of Madison. Madison s advances in policing,
streets, day care, data processing and other areas have drawn considerable
attention from pub ic and private sector leaders throughout the country. In
1988, The Quali¥ Review included Sensenbrenner on their list of the "Ten
Most nf uential Figures in Quahly Improvement."
Although Sensenbrenner is now one of many officials who has witnessed the
important changes that quality management can bringto government, he is a
unicluelygifted and energized teacher of TQM-both ~e principles of TQM and
real-wot cT applications, and cost effectiveness within city government.
Today, Joe Sensenbrenner runs his own consulting organization specializing
n the field of quality improvement. The Madison example is now the model
for the new Quality Movement in lOCal government in America. In this capac-
ity he has assisted state and local governments throughout the United States
and internationally with methods for buildin.q decision making and service
delivery systems tfiat promote high standard~ of .quali~ and customer service.
n addition to, serving as a three-term mayor of Madison, W. isconsi..n/, .
Sensenbrenner s other public-sector service includes: Chief of Staff, ut'l'ice ot
the Governor State of Wisconsin; Deputy Attorney Gene. ral, State of Wiscon-
sin; and Division Administrator, Wisconsin Department of Justice. Selected
honors include: Best Paper on Management, American Society for Quality
Control Annua Conference; President, League of Wisconsin Municipalities;
and Founding and continuing Board Mem~r, Madison Area Quality Improve
ment Nelwork.
A report from the Community Life
Policy Committee summarizing
efforts to date
Slide presentation -- an opportunity
for cities to showcase their
achievements in enhancing
community liveability
City Night at the Depot
6:30 p.m.
Thursday, June 15, lgg5
Informal Networking
in Exhibit Area
8:00 a.m.
Informal Forum: What LMC Can
and Should Do for Cities
Presentation accompanied by follow-
up in the exhibit area
8:1.5 a.m.
CONCURRENT SESSIONS II
(choose one)
9:00 - 10:00 a.m.
How to Be an Effective
Councilraember/Role of Council
What does it mean to make policy?
What does it mean to represent
people?
Establishing trust and honest, open
communication within the council
and with staff
Addressing and meeting expectations
from the community
FUNDING/RESOURCES
Current Issues in F'mance - Part I
State aids (i.e. LGA, HACA)
Creative approaches to generating
revenues
Putting in place a program of
properly funding city services--
overview
Examples of newer types of user fees
that cities are instituting or
considering (such as charges for fire
service)
PERSONNEL
Fanployee Motivation Techniques
that Work: Success Stories
This presentation will highlight a
number of examples of how cities
throughout Minnesota are currently
using - with great success - motiva-
tion techniques.
Why have them? Brief overview:
purpose, benefits, criteria
Variety of techniques currently used
in cities (possibly schools and
FUNDING/RESOURCES
Current Issues in Finance - Part II
Managing Cash/Reserves
Timing for available cash/
Appropriate level of reserves
Investment policy (as a reflection of
the whole financial picture)
Investment options and issues
(overview)
PERSONNEL
How to Hire, Discipline, and Termi-
nate Successfully (for elected
officials)
This presentation will be geared
toward the elected official, not the
professional staff.
Overview of the elected official's role
Hiring
· tips on interviewing, the council's
role in hiring, legals concerns,
discrimination issues and the
Veterans' Preferance Act
Discipline and termination
· the council's role, effective
discipline policies without
discrimination, guidelines for
termination, other legal issues
SKIl.I. DEVELOPMENT
How to Run an Effective Meeting
Be prepared! - rules of procedure and
decorum, charter, and agenda
Brief overview of Sturgis Standard
Code of Parliamentary Procedure
The meeting itself
How to handle people and citizens at
a meeting
ESPECIAl .l.y FOR
SM_Al J. CITIES
The Council-Staff Team
Understanding the role of council and
staff
What council needs from staff to
effectively do their jobs
How do councils prioritize
employee's job responsibilities when
employees may wear many different
hats?
What info does council need to
provide proper checks and balances in
day-to-day operations?
What should staff and council do
when citizens approach elected
officials about a staff-related issue?
Do you have a flag you would Jike displayed with those from other
Minnesota cities?
' t
At the Lea.que s 1995 annual conference, flags from throughout the sta e
will be on disp'l.ay, and we wou d I ke to include yours.
Flags must be received by May 27, and will .be returned immediqtely
after the conference. Please send ybur fbg to Darly_ne Lang, League ot
Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN '55126.
If you have any questions, please call Darlyne Lang at 1-800-925-1122
o~' (612) 490-5600.
Flags will be displayed at the 1B95 annual conference. Be sure to
send yours in.
ESPECIAl.I.Y FOR
SM~I.I. CITIES
Economic Development Strategies -
Part II: Beyond the Basics
Specific resources for community
development
· DNR outdoor rec grants and others
Loans and grants available for
infrastructure improvements from the
state/feds
Business assistance development
programs
MAYORS ASSOCIATION/MINI-
CONFERENCE LUNCHEON
11:30 a.m. - 1:15 p.m.
U. S. Senator Rod Grams (invited)
CONCURRENT SESSIONS IV
(choose one)
1:30 - 2:30 p.m.
I.F. ADERSHIP
How to Communicate Thoroughly
with the Opposite Sex
How to increase communication
performance and synergy between
men and women
How to reduce conflict and increase
productivity in your office
How to re-energize men and women
to work together for success
FUNDING/RESOURCES
Does Service Cost = Service Value?
Determining priorities for your city's
future
Reviewing what services are current-
ly offered, their value and whether
they can be more efficient/effective
Deciding whether the city should
provide more or fewer services
(finding cost of service, competing
for service delivery, asking tough
questions)
Tools/"nuts and bolts" methods to
bring home
PERSONNEL
Making the Best Use of Consultants
Need to clearly identify what your
needs are and why a consultant is
needed
Justifying use to other council
members
Identifying resources
Developing an effective RFP
· building in accountability by both
parties -- city and consultant
· outline costs and timelines
The selection process (reviewing
proposals, interviewing, reference
checks, final selection)
COM]VI-LTNITY
Involving Everyone in Building
Quality Communities: Case Studies in
Promoting Diversity
As cities in Minnesota continue to
become more economically and
culturally diverse, new opportunities
and challenges arise. A variety of
topics related to this complex issue
will be discussed, included:
Why diversity is important
Changing demographics within the
state and their implications
Thc need to be sensitive to diverse
needs
Challenges and how to overcome
them
Case studies -- approaches used by
cities
ESPECI~I.I.Y FOR
SM.Z,I.L CITIES
New Strategies for Housing
Development
Planning process: a formula for small
communities
Rental housing: structuring a
development
Single family development
Rahab and redevelopment
ESPECI~I.I.Y FOR
SM.AIl. CITIF_~
Basic Planning for Your City's Future
Introduction
The need/benefits of planning, i.e.
authority-enabling legislation,
purpose, function
Role of citizen planner
Do it yourself planning, i.e. what you
can do, role of consultant
MN Planning Association's training
manual, i.e. vision, how to use,
purpose
LEGISLATIVE UPDATE AND
LMC ANNUAL MEETING
2:45 - 3:45 p.m.
LMC Reception and Banquet
6:30 p.m.
Friday, June 16
AWARDS PRESENTATION
AND FINAI.F. GENERAL
SESSION
9:00 a.m.
Sheila Shcinberg, Director, Center
for Life Cycle Sciences, Port Orchard,
Washington
"Embracing the Challenge of
Change"
Finale session prepares us to better meet the
challenge of change
Are we ready for 2001 ? One of the key challenges
in building successful communities, successful organi-
zations and successful careers for the 21 st century will
be meeting the challenge of change. Our ability to
recognize, understand and master change is a critical
skill ~r facing the future.
Is change manageable? First, it is necessary to
understan~J the kinc] of change we are dealing with - Sh~Jla
different types of change require different responses.
Second, it is important to rec9gnize that change is a process and we can
get that process under control. Once the process of change is under control
we can begjin to master the challenge o!, change.
In her Fric]ay Finale General Session, Embracing the Challenge of
Change," Dr. Sheinberg will address these and other issues as she outlines
and discusses the five critical elements for mastering change. Each of the
elements explored will help us develop the skills necessary to better embrace
and manage the challenge of change we face in our own lives.
Dr. Shei[a Sheinberg is first and fSremost a provocateur. She challenges
individuals and organizations to meet the challenges of change. She is also
an international consultant, a professional speaker, an author and a former
university professor and researcher for 25 years. She devotes most of her
time to working with government and private industry within the United States
and abroad. She is 8n acknowledged expert on thb subjects of organiza-
tional and personal change.
Dr. Sheinberg is the President of the Center for life Cycle Sciences located
in Port Orchard, Washington. The Center is a training organization which
provides consulting and training programs for both thdpuBlic and private
sectors. Services provided incl-ude:gisioning and Coaching, executive team-
building, change management, organizational development and tools for
transformation.
Her expertise is, and has been, in workin.cl with organizations and
individuals to understand and manage the c~ange process. As a consultant
and facilitator, s, he helps create a vision a~ institute leadership. In these
turbulent times, change management skills are in great demand. Conse-
quently, Dr. Sheinberg travetle8 some ~o hundred Jhousand miles in 1994
alone, worked within-Tour of the world s continents, and made presentations
to or consulted with some 150 clients!
Dr. Sheinberg has degrees in sociology, psychology, business and
education. She has worked with every-department oTthe U.S. Government,
including: Association of Government Accountants, Centers for Disease
Control, DeL~. rtment of Energy Depam'nent of Health & Human Services
(numerous offices and agencies), Internal Revenue Service (national, regional
and district levels), Office of Personnel Management, and the U.S. Army, Air
Force, Navy and Marines. In the private sector, she worked in such diverse
industries as concrete and communications, banking and computers, distribu-
tion and manubcturing.
Most important, Dr. Sheinberg is a dynamic and stimulating presenter.
Audiences are impressed with I']er subject knowledge, presentation skills,
and enthusiasm f6r the challenges of change. Her experience in change
management has challenged and motivate~t groups to survive the chaos of
change, and to emerge as the winners who create successful organizations
for the 21st century.
Family activities
Other special activities
Select one or several of the activities
listed below. Pick up and drop off
points, for applicable tours, will be at
the Duluth Entertainment Convention
Center.
REGISTRATION FORM
Activity Date
William A. Irvin ship and
Marine Museum June 14
Vista Star harbor tour
and lunch June 14
Charter fishing June 14
Charter fishing June 15
Glensheen Mansion June 15
North Shore Scenic Railroad June 15
Tweed Museum & Lunch June 15
Total Payment Enclosed $.
(Make check payable to: City of Duluth)
Name
Number of Amount
adults and Enclosed
children (f'dl in blanks,
using costs
listed on
preceding page)
Address
City/Zip
Telephone (.__)
Mail form and advance registration fees (by May 31, 1995) to
If you require accessible transportation, or have other special needs, please
indicate your needs on this form. Advance forms must be received by May
31. Thank you.
Wednesday, June 14
10:00 a.m. - noon * William A. lrvin
ship and Marine Museum
Tour the retired flagship of the USS
Great Lakes Fleet, the William A. Irvin,
and see how Great Lakes sailors live
among powerful engines and luxurious
living quarters. Cost is $4 for adults and
$3 for children. After leaving the ship,
stroll over to the Marine Museum for a
free tour through the history and
unique artifacts of shipping on Lake
Superior.
Barnyard Boys
Perfect for the kids! The Barnyard
Boys, a popular group patterned after
the "Teddy Bear Band" from the Twin
Cities, will perform popular kids
favorites. The parents enjoy this show
as much as the kids!
12:15 - 2:00 p.m. * Vista Star harbor
tour and lunch
Sail beneath the famous Aerial Lift
Bridge, out onto Lake Superior and
through the harbor's international
activity during a fully-narrated lun-
cheon cruise. Cost is $13 for adults and
$7 for children 3-11.
6:00 - 11:30 a.m. * Charter f'mhing on
Lake Superior
Land some Lake Superior lunkers with
the help of a fully-outfitted guide
who'll take you to the very best spots
for deep-sea sport fishing. Cost is $60
per person, based on a full boat of six
anglers. All necessary equipment is
provided.
Thursday, June 15
6:00 - 11:30 a.m. * Charter fLshing on
Lake Superior
Land some Lake Superior lunkers with
the help of a fully-outfitted guide
who'll take you to the very best spots
for deep-sea sport fishing. Cost is $60
per person, based on a full boat of six
anglers. Ail necessary equipment is
provided.
I¥$1
10:00 a.m. - noon * Glensheen Mansion
Tour this 39-room, Jacobean revival
mansion, and experience an elegant
lifestyle that's gone forever. You'll
enjoy the 22-acre estate's landscaped
grounds on the shore of Lake Superior,
the carriage house and thc richness of
the mansion itself. Cost is $8 for adults,
$7 for children 12-18 and $4 for
children 6-11.
12:45 - 2:45 p.m. * North Shore Scenic
Railroad
Ride the rails on a scenic trip from the
Duluth Entertainment Convention
Center, along the Lake Superior
shoreline and through eastern Duluth
woodlands. Cost for adults is $6.50,
Children 3-11, $3.00.
12:30 - 2:30 p.m. * Tweed Museum
Tour & Lunch
The Tweed, located on the University
of Minnesota-Duluth campus, is the
center for visual arts in northern
Minnesota. It hosts both contemporary
and historical exhibitions in its nine
galleries and maintains an important
collection of American and European
paintings. Cost for the tour and box
lunch is $4.50.
Lake Superior Museum of Transportation at the Depot.
Pictured here is the William Crooks locomotive form
1861. ~,hoto cou~.y of L~,, S.~,~o,. ~
Caption here for the picture of the birds.
1995 Annual Conference Registration
I. General Information
Every delegate, guest, speaker, me-
dia representative, and other attend-
ees MUST REGISTER with this form.
Complete the form and return it along
with full payment of appropriate con-
ference registration fees to address
below.
NOTE: No registration will be proc-
essed without payment in full, or with-
out an accompanying city voucher or
purchase order.
Please type or print
Sex F M
Name _
Nickname for badge
Title
City or organization_
Mailing address Zip _
State --
City
Telephone ( )-
Family members attending (There is no registration fee. DOES NOT INCLUDE
MEAL TICKETS. ORDER BELOW)
Family/Guests attending:
Sex F M
Spouse full name _ Age ___ --
Child Age __
Child _
] This is my first League of Minnesota Cities Annual Conference.
Metro city Greater Minnesota cit _ Population ~ ~
MINI-CONFERENCE
June 15, 1995
Registration INCLUDES admission to
all Thursday sessions including
tickets to:
· WEDNESDAY CITY NIGHT
· THURSDAY CONTINENTAL BREAKFAST
· THURSDAY MAYOR'S LUNCHEON
NOTE: This registration DOES NOT
include THURSDAY BANQUET TICKETS.
ORDER BELOW.
~ION-MEMBERS
Early Registration
(Postmarked by May 12, 1995)
$270 Full Conference $_
$125 Mini-Conference $
Advance Registration
(Postmarked by May 26, 1995)
$295 Full Conference $_--
$150 Mini-Conference $
On-Site Registration at Conference
$320 Full Conference $ .
$175 Mini-Conference $_
FULL CONFERENCE
June 13-16, 1995
~Reg stration includes admission to all
~sessions and conference activities,
[including tickets to:
· TUESDAY LEADERSHIP INSTITUTE
[. TUESDAY EVENING KICK',O~FF AT THE ZOO
[' WEDNESDAY EXHIBITORS LUNCHEON
~' WEDNESOA¥ CITY NIGHT AT THE DEPOT
· THURSDAY CONTINENTAL BREAKFAS~
· THURSDAY BA.QUET
MEMBER CITY
Early Regislration
(Postmarked by ~ay 12,
S~6 Full Conference S.
S~06 ~in~-Confe~ence S~
Advance Registration
(postmarked by ~ay 2~, 1~S5)
S~66 Full Conference
S~16 ~ni-Gonference S~ -
On-Site Registration (a~ Conference)
S~80 Full Conference
~ 26 ~ini-~onference
Extra Meal Tickets
$11.00
$ 8.50
Wednesday Exhibitor's Lunch $.
Wednesday City Night - Purchase $_ ~
for all family/guests attending
Thursday Mayor's Luncheon
Thursday Banquet
Thursday Continenta~ Breakfast
$15.00
$26.00
$ 5.50
NOTE:
Mini. Conference
registration DOES
NOT INCLUDE
THURSDAY
BANQUET
L_
Daytime phone #_______---~
City ~contact
.... -,..-~^~*. ~nr mHltinle reaistrations.
I1. Registration Deadlines
May 12, 1995: Final postmark dead-
ine for Early Registration.
May 26, 1995: Final postmark dead-
ine for Advance Registration.
II1. Conference Registration
Cancellation Policy
All requests for cancellation must be
in writing, postmarked by May 31,
1995, and are subject to a $30 can-
cellation fee. All registration
changes must be in writing.
IV. Special Needs
If you are disabled and require spe-
cial services or transportation, or if
you have special dietary needs,.
please attach a written description to
this registration form.
V. Registration Confirmation
Pre-registrants will receive a registra-
tion confirmation to be presented at
the ADVANCE REGISTRATION
desk.
VI. Registration Information
:or more information contact: Cathy
Dovidio (612) 490-5600.
Make check payable and return with
form to:
Finance Department--AC
League of Minnesota Cities
3490 Lexington Avenue North
St. Paul, MN 55126.
1995 LMC Annual Conference Housing
Important Instructions
Rooms will be reserved on a first-
come, first-served basis. The earlier
you make your reservations, the
better the chance you will have of
getting your first choice hotel. The
hotels will hold the room block until
May 23, 1995.
A deposit equal to one night's lodging
per room must accompany this
housing form.
CREDIT CARD PREFERRED
MAKE CHECKS PAYABLE TO THE
DULUTH CONVENTION AND
VISITORS BUREAU.
YOU WILL RECEIVE AN
ACKNOWLEDGMENT OF YOUR
RESERVATION FROM THE
ASSIGNED HOTEL.
ALL CHANGES IN RESERVATIONS
OR CANCELLATIONS MUST BE
MADE THROUGH THE HOUSING
BUREAU IN WRITING.
(please print or type)
Name:_
City or Organization:_
Address:.
City:_
Arrival Date:.
Hotel Preference
First:_
Special Requirements:__
Housing information
SINGLE
Comfort Suites ......................... $63
408 Canal Park Drive $72
Comfort Inn .............................. $55.80
3900 West Superior Street
Edgewater Motels .................... $59
2400 London Road
Edgewater Atrium Building .... $69
2400 London Road
Holiday inn Duluth ................... $70
200 West First Street
Park Inn .................................... $68
250 Canal Park Drive
Radisson Hotel Duluth ............ $68
505 West Superior Street
Select Inn ................................. $30
200 South 27th Street
Super 8 Motel ...........................$42.30
4100 West Superior Street
Voyageur Lakewalk ................. $50
333 East Superior Street
DOUBLE TRIPLE QUAD
$63 city side
$72 lakeside
$55.8O
$65 $65 $65
$75 $75 $75
$7O $78 $86
$68 $68 $68
$72
$48 $53 $58
$51.3O
$55
NOTE: The Holiday Inn Duluth is the headquarters hotel.
Housing Reservation
Title
State:
ArrivalTime:_
Second:_
_Zip:_
Departure Date:
Third
Smoking: ~ No _ Yes
Names of All Occupants:_
Enclosed is a deposit equal to one night's lodging per
'room. check credit card
MAKE CHECKS PAYABLE TO
DULUTH CONVENTION AND VISITORS BUREAU
Send to:
League of Minnesota Cities
Housing Bureau
Duluth Convention and Visitors Bureau
100 Lake Place Drive
Duluth, MN 55802-2326
Attn: Carrie Donovan
Credit Card Preferred
Credit Card Company_
CardNumber_
Expiration Date
The LMC Housing Bureau is authorized to use the above card
to guarantee my hotel reservations reserved by me. I under-
stand that one night's room will be billed through this card if I fail
to show up for my assigned housing on the confirmed date,
unless I have cancelled my reservations with the hotel prior to
6:00 p.m. on the day of arrival.
Cardholder signature
Date
Retain a copy of this form for your records.
If you do not receive a confirmation from the hotel within three weeks, contact Carrie Donovan (218) 722-4011.
~-~ Special Housing Request: ~ e~scr~i ~t~o
It' you have special needs, please attach a written d 'p n to this housing form, e.g. wheelchair accessible room, etc.
MINNESOTA WOMEN IN CITY GOVERNMENT ANNUAL MEMBERSHIP
MEETING WEDNESDAY, JUNE 14, DURING EXHIBITORS LUNCHEON
Members and interested city officials are welcome to attend the annual membership meeting of
Minnesota Women in City Government (MWCG), to be held Wednesday, June 14,
11:45 a.m. - 1:15 p.m. in the Gooseberry Room at the Duluth Entertainment Convention
Center (DECC) during the '95 LMC Annual Conference. Nancy Larson, Executive Director
of the Minnesota Association of Small Cities (MAOSC), will be the featured speaker.
The annual membership meeting will also be conducted at which MWCG officers and board
members will be elected for 1995-96. Current officers and board members are:
President:
Vice President:
Treasurer:
Secretary:
Past President:
Tamara Miltz-Miller, Hugo
Betty Herbes-Wenberg, Crystal
Sharon Leintz, Maple Lake
Betty Sindt, Lakeville
J. Diann Goetten, Orono
1995-96 Board Members:
Liz Witt, Eagan
Donna Mae McCamish, Ellendale
Kathleen Sheran, Mankato
Jo Ellen Hurr, Long Lake
If you or somebody you know are interested in serving as a MWCG officer or board member,
contact Betty Sindt at (612) 469-3620 or write to her at 8570 West 210th Street, Lakeville,
MN 55044. Diann Goetten, Betty Sindt, and Liz Witt have been appointed to the 1995
MWCG Nominating Committee. Diann Goetten chairs the committee. Three MWCG Board
positions are open for election as well as the offices of Vice President and Secretary.
Lunches will be delivered to the MWCG meeting for those registering to attend this meeting
prior to June 6. Please complete the form below and return it to Darlyne Lung by June 6 to
assure that meal delivery arrangements can be made in advance. If you decide to attend during
the conference, simply pick up your meal at the Exhibitors Lunch and bring it along to the
meeting.
MWCG ANNUAL MEETING REGISTRATION
(Return no later than June to request your meal to be delivered.)
Name Title
Address City
Zip
MWCG member: Yes ...No
I plan to attend the '95 MWCG Annual Membership Meeting: __ Please have a meal
delivered to Room ' ,.,
I am interested in joining Minnesota Women in City Government:
Return to: Darlyne Lang, LMC Office, 3490 Lexington Avenue N., St. Paul, MN 55126
The LMC Leadership Institute for Elected Officials presents a
special wor~hop preceding the LMC annual conference
Beyond Council
Working Toward Consensus
Tuesday, June 13,1995
1:00 to 5:00 p.m.
Duluth Entertainment and
Convention Center
If you are frustrated by unproductive council discussions on issues critical to the future of your city, this program is for you. Discover
what can be done to move your colleagues toward agreement on difficult decisions.
This skill-building session is for any mayor or councilmember interested in learning:
The impact of not resolving an issue.
How to identifij conditions that promote consensus or detract from it.
How to determine whether you are part of the problem and why.
How to create and maintain a positive climate for open discussion and decision-making.
How your approach to communicating with colleagues can build consensus.
How to frame issues for more effective discussion.
How to work with colleagues who don't have a team focus.
When an outside facilitator is needed.
Faculty includes experts on consensus building and teamwork and veteran elected officials.
Registration deadline: May 12, 1995
Registration fee: $40 per person Space is limited
~Yes, Sign me up for the special LMC Leadership Institute Program
Beyond Council Gridlock: Working Toward Consensus
Name
Address
Title
Cily/State/Zip
Contact
Daytime phone
Registration fee: $40 per person
Return form with payment to League of Minnesota Cities, Finance Department, 3490 Lexington Avenue North, St. Paul, MN .55126.
(612) 490-5600 · (800) 925-1122 · TDD (612J 490-9038 · Fax (612)4900072
Feel free to duplicate for multiple registrations