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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." 11 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." 12 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." 13 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." 14 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?" 17 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." 18 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." 2O 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. ' 21. 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?" 22 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." 23 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 207 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 t? ,~ n~ ,~¢ n~ ~3 0 ~ 0 t~l Z ~ Z Z O. IJJ o~o Z 0 oo Oo I 00 1 0 0 Z 'i _1 O 0 Z UJ -~Z 4:-", "'-- 0 I ~ ¢_ ° o 0 I ZZ ~,,y og Z 0 Z 0 °°~ IIIII II ~- ..-) 9° 0 o~ooo0ooo~oo IIIIIIIIIIllll ~m ~ m ~zzzzz~ Iiii gg~o Illl 0 0 r~ u o~ ZZ 0 Z Z 0 § § Z 0 ? 0 la.. '>' I 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