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.
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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
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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
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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
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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