1995-05-16MINUTES - COMMITTEE OF THE WHOLE - MAY 16, 1995
The meeting was called to order at 7:30 PM.
Councilmembers Ahrens, Hanus, Jensen and Jessen.
Shulde, City Manager.
Members present: Mayor Polston,
Also present: Frank Ahrens and
Mayor Polston introduced Frank Ahrens who explained to the City Council why he was present.
He indicated that a non-abutting dock site holder has requested to the City Staff to trim a tree
on the Commons next to his property for purposes of accessibility to a non-abutting dock site.
He indicated that the dock site holder has had this dock for one year and has began their second
year at the site. The dock site holder claims that the tree needed to be trimmed in order to gain
access to their dock on this particular Commons. The City Council asked the City Manager
what the City's policy has been towards making Commons accessible? The City Manager
explained that Staff receives requests from time to time from both abutting and non-abutting
dock holders to trim trees for accessibility reasons. The city Staff has usually gone to the site
and looked the situation over and has either gone ahead and done the trimming themselves or
hired it out to a private contractor. The only time that applications are made for a Public Lands
Permits relating to tree trimming would be when an abutter or non-abutter believes that their
ought to be space for viewing to the lake. There has never been a case that he could remember
where an accessibility question has arisen. Ahrens explained that the tree on the Commons,
which the dock site holder has asked to be trimmed, has been there for over 20 years and is no
longer growing. To trim a tree of this size and nature would prevent the tree from growing the
branches back. Ahrens did mention that there is a dead branch that could be trimmed and that
he would have no problem with doing that. Ahrens also explained that the City Council had
been invited, as well as the City Manager, to go down to the site and look at the situation prior
to tonight's Committee of the Whole meeting. All of the Councilmembers except Liz Jensen
and City Manager Ed Shulde, did get to the site. Ail of the Councilmembers that had seen it
indicated that the site was accessible using the Commons lane without having to trim the tree.
Councilmember Andrea Ahrens indicated that ever since the dock site holders have gotten this
dock, they have made it difficult. Ahrens indicated that this dock site holder trespasses on their
private property instead of using the Commons lane. Frank Ahrens indicated that other residents
that have had that dock site previously have not caused any problem for them and did not have
an accessibility complaint. The City Council discussed this matter and gave direction to the City
Manager as follows:
Contact the dock site holder and indicate to them that the City was not going to
trim the tree other than the removing of a dead branch.
Suggest to the dock site holder that they look to share a dock in the area with one
that might be available.
Suggest to the dock site holder that they may consider another dock site in the
area if one is available.
The City Manager will follow up on this matter.
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~ - C01~ffI'IEE OF ~ W~IOLE M~Y 16, 1995
The topic of streamlining of variances was discussed. Councilmember Mark Hanus introduced
some material regarding the need for dealing with non-conforming properties and how some of
the workload might be reduced by streamlining some of the variances dealing with these non-
conforming properties. He presented some information from other cities in the Metropolitan
area and suggested two particular options as it relates to streamlining of variances:
"Legally non-conforming, single family residential dwellings may be expanded
to improve liveability and accessory structures may be added or expanded
provided that all uses on the parcel are conforming and provided that the
nonconformity is not increased beyond the existing conditions upon the parcel and
no other non-conformities within the zoning ordinance are created."
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"Legally non-conforming, single family residential dwellings may be expanded
to improve liveability and accessory structures may be added or expanded
provided that all uses on the parcel are conforming and provided that the entire
expansion or construction meets the current zoning regulations and no other
nonconformities within the zoning ordinance are created."
The Council suggested that this item be given to City Staff for review and subsequent submittal
to the Planning Commission with the item coming back to the City Council at a later date for
further discussion.
The selection process for appointments to the Commons Task Force was discussed. The Council
reviewed the applications and discussed the interviews. They talked about the makeup of the
task force and indicated that based upon the number of applicants and the categories that they
are classified into, that the distribution as previously proposed would have to be changed. After
some discussion, it was the consensus of the Council to amend the City Council's previous
resolution dealing with the makeup of the task force and reducing the number of 12 members
to 11 members with having the following classifications:
Three abutting property owners to Commons that have docks other than their own in
front of their property.
Three abutting property owners to Commons who have only their docks in front of their
property.
3. Four non-abutting Commons dock users and
4. One citizen at large.
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~ -¢o~mffrr~ or T~ WHOLE MAY 16, 1995
The Council then discussed the candidates and recommended the following for each category:
Type 1.
Type 2.
Type 3.
Type 4.
Frank Ahrens, Bev Botko and Rodfigo Plaza
Marilyn Byrnes, Mark Goldberg and Rodney Beystrom
Dennis Hopkins, Jim Funk, Gordy Tulberg, Royal Moffatt
Rita Pederson
Council noted that these appointments would be made at the City Council meeting of May 23rd,
with the idea that an organizational meeting of the task force would be held either May 30, 1995
or June 6, 1995. The Council also noted that they would designate Michael Shearer as an
alternate, in case Dennis Hopkins, who had indicated previously that he might have a problem
with the meeting night depending upon when it is held, could not serve. Meeting dates will be
established at the first organizational meeting.
There was no other business. The next meeting was noted as being scheduled for Tuesday, June
20, 1995, 7:30 PM, at Mound City Hall.
Upon motion by Polston, seconded by Jensen, and carried unanimously, the meeting was
adjourned at 9:40 PM.
City Manager
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