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May 13, 2013

Greenwood Town Board Public Hearing- May 13, 2013

Chr. Baland called the public hearing to order at 6:00 pm.

Present:  Chr. Baland, Vice-Chr. Aro, Supervisors Deluca, Doroff, Reichel, Treasurer Clark, Clerk Trancheff, Attorney Scott Neff, Court Reporter
Kate Undeland

Attorney Neff outlined the process that brought the board to this public hearing:
BayView has requested a liquor license renewal along with a schedule of 12 times for the summer with hours 6-9 pm

1-The request is for BayView to renew their Liquor License for 2013-2014 along with amplified outdoor music scheduled 12 times this summer
2-He presented a list of exhibits and public comments
3-The notice for this hearing needs to be corrected
4-The town board has heard numerous citizen complaints in regards to the petition to disallow outdoor amplified music on BayView’s decks, 4 Liquor License Violations under the management of Alissa Sundberg (2 at Bay View, 2 at the Sawmill Saloon owned by Ms. Sundberg), the status of the septic was addressed in a letter from St. Louis County Environmental Services, the disagreement Between BayView and the Greenwood Planning Director who has determined that outdoor music is a change in use and that an application for a Conditional Use Permit (CUP) was required, BayView submitted an application for the CUP in January 2013 which was then sent back for incomplete information, the township has not received a new application.
5-The decks were originally permitted in 1999 for increased dining and the new use is to have outdoor music on the deck
6-ln the past, outdoor music was mentioned when the township approved the liquor licenses which should not have been permitted.
7-As to the merits of the liquor license, the board doesn’t have control, however do report their approval to the county.
8-lt is likely that the town board will make the decision on the liquor license renewal at their meeting on May 14. Director Maki summarized her report to the town board along with her recommendations.
Agency:   A letter from Mark St. Lawrence was read by the Clerk

Applicant Alissa Sundberg was present along with her attorney Shawn Reed who presented the following debate:
1-Agrees that the township has no consent to the liquor license renewal
2-Disagrees that outdoor music on the deck is not a change in use as it is still a bar/restaurant and cited Greenwood Ordinance
Article 8, Section 8-resort expansion and no CUP required
3-The Township does not have a noise ordinance, thus no standards and more difficult to enforce
4-No Planning & Zoning authority to restrict outdoor music and cited constitutional amendments 1 and 14.
5-Cited case Graves vs. Milligan and “unfedered discretion”

Alissa Sundberg:  Stated that all music would be done by 10 pm, karaoke will be in the bar, music inside done by 1 am, 12 am-6 am quiet time in the resort, willing to work with the town board

Sup. Aro asked why her handout to the board stated deck music from 6-9 and she now stated 6-10?  Does she own BayView? Sundberg:  Responded potentially 6-10. She is leasing from D Frandsen Corporation.
PUBLIC COMMENTS:

Lloyd Ollila-Birch Pt-Read the petition with 31 signatures submitted Sept. 14, 2010 in regards to the BayView music on the deck. Tom Hartley-Bay View Drive-BayView has exceeded the MPCA noise levels.  Put the music inside.
Dave Schaefer-Winston Rd-Who controls the Casino noise. Supports BayView’s music on the deck and liquor license renewal Cathy Carlson-Lagoon Rd-Proposed a compromise with Ms. Sundberg working with the community and still keep BayView alive. Rick Sheehan-BayView Drive-The music should be put inside.
Beth Sheehan-BayView Drive-Asked that the music go inside

Debby Spicer-Wayside Cafe-In favor of BayView’s music on the deck

Jett Galonski-ln favor of BayView’ s music on the deck
 
Greenwood Town Board Public Hearing-May 13, 2013-Page 2

Dave Kirsbom-Fraser Bay Rd-Supports the liquor license renewal

Rick Worringer-Supports the liquor license renewal but put the music inside

Phil Bakken-Soudan-Supports the liquor license renewal and outdoor music

Renee ArO-Strandlie Lane-Noise  is pollution and outdoor music should not be allowed

Gary Skogman-1744 Everett Bay Rd-How loud is an airplane?

Mary Worringer-2246 Birch Pt Rd-Mr. Skogman’s comment about an airplane noise when he complained as soon as the rumble stripes were installed on Co. Rd. 77 because of the noise.

Marcie Moe-3331 Nisen Dr-Not against the liquor license but water balloons in the lake at the flotilla

Phil Bakken-Soudan-Water ballon fights are not BayView sponsored but boat owners participating in the flotilla on the lake

Lee Peterson-4306 Isle of Pines Or-Sent the board all types on information regarding the Planning Commission’s decision in 1999 and felt that the music on the deck is a change in use.

Attorney Neff asked Mr. Peterson who was a member of the Planning Commission in 1999 if there was ever a reference to music on the deck when BayView applied for the decks and gazebo which is now a Tikki Bar.

Lee Peterson responded no. Board Members:
Sup. Aro commented that there were threats of lawsuits by Ms. Sundberg’s attorney with unfeddered discretion several times.  Sup. Aro
would like to incorporate conditions from the BayView music plan.

Shawn Reed-Attorney for Alissa Sundberg-stated he was seeking the spirit of compromise, not making threats of lawsuits.

Scott Neff-Attorney for Township asked about the concept of skinning gains and would he be able to see a copy of the lease with option to buy?

Shawn Reed- responded he would discuss with Ms. Sundberg.

Scott Neff-Attorney for Township wants to go on record and make it clear the township is not authorizing the permitting of music on the deck but can only authorize renewal of the liquor license.

Sup. Doroff, Aro, Deluca  and Reichel asked for time to consider all heard tonight.

Chr. Baland-AII points and opinions have been heard and hope for a result that is a win-win for both sides. Sup. Reichel commented that she believe there is room for compromise and common sense for both sides. MOTION Aro/Doroff to adjourn the public hearing at 7:43 pm.
Respectfully Submitted,

Ellen Trancheff-Cierk    Gene Baland-Chairman

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