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1995-06-13MINUTES- MOUND CITY COUNCIL- JUNE 13, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 13, 1995 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen. Also present were: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson and Acting City Clerk Linda Strong. The Mayor opened the meeting. The Pledge of Allegiance was recited. 1.1 APPROVE THE MINUTES OF THE MAY 23, 1995 REGULAR MEETING. Councilmember Hanus wanted to amend the minutes on Case //95-16, Heidi Hoy, deleting "..and the owners want to continue renting out the dwelling." Adding "The applicant agreed at the Planning Commission meeting to discontinue the rental use and remove the kitchen facilities. They have since changed their minds and now ask the rental be allowed." Coun¢ilmember Jensen said that Councilmember Jessen commented about the archeologist on page 1733, not Councilmember Jensen. MOTION by Councilmember Hanus, seconded by Ahrens and carried unanimously to approve the Minutes of the May 23, 1995 meeting as amended. The vote was unanimously in favor. Motion carried. 1.2 CASE #95-16: RESOLUTION OF DENIAL FOR A VARIANCE TO ALLOW THE REMODELING OF A DWELLING AT 6669 HALSTEAD AVENUE FOR HEIDI HOY. Councilmember Hanus commented on the 5th paragraph, stating the Planning Commission did not recommend denial, that they failed to pass this item. Council agreed to remove the words ".. of denial" from the paragraph, having it read "..and the Planning Commission's review and recommendations were discussed; and" Councilmember Hanus commented on the item//3 on the last page of the resolution. Council discussion agreed to change the word "structure" to "structures". Councilmember Ahrens moved and Councilmember Jessen seconded the following resolution as amended: RESOLUTION #95-59 RESOLUTION DENYING THE REQUEST OF HEIDI HOY, 6669 HALSTEAD AVENUE FOR A VARIANCE TO REMODEL A NON-CONFORMING BUILDING, PID //22-117-24-43 0023, P&Z CASE//95-16 The vote was unanimously in favor, motion carried. 305 CITY COUNCIL MINUTES JUNE 13, 1995 1.3 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.4 APPLICATION FOR A SIGN PERMIT - QUASI PUBLIC FUNCTION - WESTONKA BABE RUTH. City Manager Ed Shukle sai(~ the Mickey Mantle Baseball Tournament will be in town and they wanted to hang a banner type sign on the Koenig & Dickinson building downtown. Councilmember Hanus commented that the location of where the banner will be displayed does not concur with item e of Section 365:15, Subd. 10 of the Mound City Code. City Manager Ed Shukle explained past interpretations that resulted in signs being permitted. MOTION by Polston, seconded by Ahrens and carried unanimously to approve the sign permit for the Westonka Babe Ruth baseball tournament from June 19, 1995 to July 10, 1995. 1.5 LICENSE RENEWALS. The following licenses are due to expire on June 30, 1995 and are being presented for renewal with the new term dates of 7-1-95 to 6-30-96. Approval is contingent upon all required forms, insurance, etc., being submitted. On-Sale Beer Al & Alma's Supper Club House of Moy Off-Sale Beer Brickley's Market PDQ Food Store SuperAmerica Club - On-Sale American Legion Post #398 VFW Post #5113 On-Sale Wine Al & Alma's Supper Club House of Moy Sunday Sales VFW Post #5113 MOTION by Mayor Polston, seconded by Jensen and carried unanimously to 306 CITY COUNCIL MINUTES JUNE 13, 1995 1.6 approve the above mentioned liquor license renewals contingent upon all required forms, insurance, etc. being submitted. PAYMENT OF BILLS. MOTION by Hanus, seconded by Jessen to authorize payment of the bills on the pre-list in the amount of $290,867.22, when funds are available. By roll call the vote was un~'nimous. 1.7 INFORMATION/MISCELLANEOUS A. DEPARTMENT HEADS MONTHLY REPORTS FOR MAY 1995. B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR MAY, 1995. C. LMCD MAILINGS - PROPOSED 1996 ANNUAL BUDGET D. LETTER TO MAYOR POLSTON RE: HENNEPIN COUNTY FAIR AND HIS PARTICIPATION IN IT. E. REMINDER: SATURDAY, JUNE 10, 1995, AROUND MOUND RUN/WALK, 8 AM, MOUND BAY PARK. F. REMINDER: SATURDAY, JUNE 10, 1995, MOUND FIRE DEPARTMENT FISH FRY, 3 - 8 PM, WITH DANCE BEGINNING AT 8 PM, MOUND FIRE STATION. G. REMINDER: MOUND CITY DAYS, JUNE 16-18, 1995. H. REMINDER: COMMITTEE OF THE WHOLE MEETING. JUNE 20, 1995, 7:30 PM. At 7:55 PM, the Council went into Executive Session and returned to the chambers at 9:20 PM. 1.8 EXECUTIVE SESSION - FLACK vs, CITY OF MOUND Mayor Polston called the meeting back to order and asked the City Attorney to give the findings on the Executive Session. City Attorney Curt Pearson stated the discussion held in the Executive Session related to the litigation by Dennis Flack and five other residents of the City against the City 307 CITY COUNCIL MINUTES JUNE 13, 1995 of Mound relating to questions on Wawonaissa Commons. The Court referred the matter to a Referee and the Referee has prepared proposed findings. The findings have been discussed by the Council tonight. The findings indicate that the abutting property owners are the owners of the underlying fee. The other people in the subdivision have rights and they are not defined or covered by the memorandum, nor are they affected by the proposed ruling because they were not parties to the action. Mr. Pearson read the followipg from the memorandum, "Under the current application by the City of the dock ordinance, the plaintiffs are assured of a dock site as the owners of lots which adjoin Wawonaissa Common. Ironically, a decision by this court for the plaintaiffs will mean they no longer are assured of a dock site. All owners in Woodland Point will then have equal rights to use Wawonaissa Common. The only benefit to the plaintiffs would be that they would be free from the control exercised over Wawonaissa Common by the City." Mr. Pearson went on to say that the Referee did not find a common law dedication of the property, therefore, not subject to a City easement. The City can either do nothing which would leave the Referee's findings go to the judge who will probably put them into an order; or the Council has the opportunity to file written objections. The council needs to decide which to do at this point. Mayor Polston asked the City Attorney Curt Pearson to state the areas of objection. The City Attorney stated the questions' The court holds that Wawonaissa common and Waurika Common are separate commons but there is no definition or boundary in the proposed findings which indicates where the cOmmons are, where one starts and the other ends. The proposed findings seem only to relate to Wawonaissa Common, but Waurika Common is also a private dedicated common in the same plat. The status of Canary Beach and Waurika commons is not known. The City is a major property owner in the subdivision. The City wants to know what their r s are .......... u ...... c,,,,.t ........... ..u ..........., hc, s Since the City represents the public, can the City build a dock on the commons? How can the City assign rights to the citizens to utilize any or all of the City's rights on the commons? Are there other creative means of extending the public's ownership and public participation so that the public can use this? Could the City be authorized to work with the inlanders and the people who abut the commons to form some sort of homeowners association which could at least assign dock sites, perform basic maintenance functions, and oppose any attempt to block free access of the commons to the people in the area? Questions were also raised in the counter-claim concerning the City feels it has rights to regulate and police powers, these issues are not addressed in the 308 CITY COUNCIL MINUTES JUNE 13, 1995 report. These items are only part of the list the City could raise to the judge. Motion by Jessen, seconded by Jensen to prepare written objections to the Referee's findings and present those to the judge for clarification and hearing. The vote passed three to tv~o. Hanus and Ahrens voted nay. Mayor Polston stated he would like to see all of the dock holders involved with input to the Commons Dock Task Force. Councilmember Hanus stated he voted no because he did not feel the Council's questions would make any difference in the judge's decision. He wants to move on, be proactive and work with the remaining dock situations. Councilmember Ahrens agreed with the comments made by Councilmember Hanus, and was against incurring additional expenditures for what would likely to be an identical ruling. MOTION by Ahrens, seconded by Hanus and carried unanimously, to adjourn the meeting at 9:35 PM. The meeting adjourned at 9:35 PM. ~ty Manager Attest: Acting City Clerk 309 BILLS June 13, 1995 BATCH 5053 $165,620.83 BATCH 5054 125,246.39 TOTAL BILLS $290,867.22 309A