1995-12-19MINUTES - MOUND CITY COUNCIL - DECEMBER 19, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, December 19, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood
Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Liz Jensen,
and Phyllis Jessen. Councilmember Hanus was absent and excused. Also present were:
City Manager Edward J. Shukle, Jr., Acting City Clerk Linda Strong, City Attorney Curt
Pearson, City Engineer John Cameron, Economic Development Coordinator Bruce
Chamberlain, and the following interested citizens: Ken Custer, Olen Pederson, Craig
Henderson, Jeff Andersen, Bret Niccum, Jason Maas, Steve Erickson, Dan Grady, Cathy
Bailey, Don Petersen, Marty and Marie Johnson, Chris Johnson, Marcia Porter, Raymond
Richter, LeeAnne Pederson, John and Michelle Olson, Ron Moytka, Mary Ellen Storlien,
Betty Ann Eccles, Richard Bailey, Leah Weycker, Mike Garberick, Marilyn Byrnes, Rita
Pederson, Brian Schultz.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
COMMENDATIONS
Mayor Polston introduced representatives of the Mound Volunteer Fire Department and
representatives of the Mound Police Department who were involved with the successful
rescue of a snowmobiler who had fallen through the ice in November. He presented each
department with a special commendation plaque and thanked them for their heroic efforts.
1.0 APPROVE THE MINUTES OF THE DECEMBER 12, 1995 REGULAR MEETING.
Councilmember Ahrens stated that the Minutes should indicate that Councilmember
Hanus and herself had commented on the Planning Case #95-49, Palen, that they would
rather re-subdivide the 2 parcels so the garage in request could be built on the parcel that
it was to service. She asked this to be included into the Minutes.
Ahrens also wanted the parking issue mentioned in the Minutes and Resolution regarding
the new skating rinks located on school property at 5600 Lynwood Blvd.
MOTION by Jensen, seconded by Ahrens to continue the Minutes of the
December 12, 1995 meeting until January 9, 1996 to show the revised version.
The motion carried with a 4-0 vote, Councilmember Hanus was absent.
606
Mou~d City Couacil Mi.utes Dec~,~ [9, ],995
1.1RESOLUTION APPROVING A GARAGE HEIGHT VARIANCE FOR GERALD AND
CATHERINE PALEN, 6545 BARTLETT BLVD.
City Manager Ed Shukle updated the Council stating the resolution in their packets had
been revised. Item la had been changed and the applicant was in agreement with this
change.
Councilmember Jessen moved and Councilmember Jensen seconded the following
resolution:
RESOLUTION #95-122
RESOLUTION TO APPROVE A GARAGE HEIGHT
VARIANCE FOR 6545 BARTLETT BLVD., THAT
PART OF LOT 18 LYING NORTH OF A
LINE...HALSTEAD HEIGHTS, PID ~/2-117-24 44
0033, P&Z CASE ~95-49.
The vote carried 3-1 with Ahrens voting nay.
1.2 APPROVAL OF CITY OF MOUND WATER SUPPLY PLAN.
City Engineer John Cameron discussed with the Council the draft copy of the Water
Supply Plan for the City of Mound that they had received. This plan will be submitted to
the Metropolitan Council and they will review it and make comments by January 1, 1996.
He felt the plan, as proposed, would be approved by the Met Council. He commented
about the good support his company received from the Mound City Staff in preparing this
document.
MOTION by Ahrens, seconded by Jensen and carried unanimously to approve
the draft of the Mound Water Supply Plan and submit it to the Metropolitan
Council for their comments and approval.
1.3 DISCUSSION: CITY ENGINEER'S FEASIBILITY REPORT RE: PUBLIC
IMPROVEMENTS, XXXX KILDARE ROAD,- CURB, GUTTER AND
STREET IMPROVEMENTS.
City Engineer John Cameron updated the Council stating a brief history of this
unimproved road. He referred to the Preliminary Engineering Report on Kildare Road that
he had prepared. He referenced the suggested costs and how these costs would be
shared. The applicant Mr. Schultz was present and asked why a cul-de-sac was required
at the end of Kildare Lane. He was informed this area was for emergency vehicles, snow
removal, and general traffic to turn around in. The property on Kildare before the
60'7
Mound City Council Minutes
December 19, 1995
applicant's lots was discussed. Mr. Schultz stated he would like a public hearing so they
could work things out with this property owner. Mr. Cameron stated this street
improvement would be expensive. City Attorney Curt Pearson offered the following
motion:
MOTION to adopt the feasibility report for Kildare Road street and utility
improvements between Kerry Lane on the east and the unimproved Kings
Lane at the west and order a public hearing.
Mr. Pearson stated it would be in the best interest of the City to hold a public hearing.
This would not commit the Council to the project, but it would provide needed information
so the Council could decide. The City Engineer agreed with the City Attorney.
Councilmember Jensen moved and Councilmember Jessen seconded the
motion. The vote carried 4-0.
A date of January 23, 1996 was discussed for the Hearing.
1.4 RESOLUTION SUPPORTING AN APPLICATION FOR INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT (ISTEA) FUNDS BY HENNEPIN COUNTY
FOR FUTURE RELOCATION OF HENNEPIN COUNTY ROAD 15 IN DOWNTOWN
MOUND.
Economic Development Coordinator Bruce Chamberlain reviewed with the Council the
two resolutions before them regarding two ISTEA applications. One application is being
prepared by Hennepin County for the relocation of County Road 15 according to the
Mound Visions concept plan. The second one was similar to the Lost Lake Greenway
application done last spring.
Mayor Polston moved and Councilmember Ahrens seconded the following resolution:
RESOLUTION #95-123
RESOLUTION OF THE CITY COUNCIL OF THE CRY
OF MOUND SUPPORTING HENNEPIN COUNTY'S
APPLICATION FOR ISTEA FUNDING FOR THE
REALIGNMENT OF C.S.A.H. 15 THROUGH
DOWNTOWN MOUND.
The resolution passed 4-0, Hanus was absent and excused.
608
Mound CiW Council Minutes Decem~r lq, lqq5
1.5 RESOLUTION SUPPORTING AN APPLICATION FOR INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT (ISTEA) FUNDS BY THE CITY OF
MOUND FOR TRANSPORTATION ENHANCEMENTS TO AUDITOR'S ROAD
IMPROVEMENT PROJECT/LOST LAKE IMPROVEMENT PROJECT
(GREENWAY/STRE ETSCAPE[rRANSIT PROJECT).
Councilmember Ahrens moved and Councilmember Jensen seconded the following
resolution:
RESOLUTION ~J5-124
RESOLUTION SUPPORTING AN APPLICATION FOR
ISTEA FUNDING FOR THE CREATION OF A MULTI-
MODAL TRANSPORTATION SYSTEM AND RELATED
SITE IMPROVEMENTS IN DOWNTOWN MOUND.
The resolution passed 4-0, Hanus was absent and excused.
1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
Resident Sherry Johnson asked Bruce Chamberlain, Economic Development Coordinator,
questions regarding the proposed lockers at the proposed bike trailway concept planned
for the Lost Lake area in downtown Mound.
1.7 APPROVAL OF 1996 DOCK LOCATION MAP.
City Manager Ed Shukle informed the Council that Jim Fackler, Parks Director, would be
joining the Council meeting from another meeting soon.
At this time, City Attorney Curt Pearson requested moving to an Add-On item that could
be decided by the Council while waiting for Mr. Fackler.
1.8 ADD-ON - PERMANENT EASEMENT- GLASS PLUS PROPERTY
City Manager Ed Shukle reviewed his memo to the Council stating the city attorney, city
engineer and himself had negotiated_ a Permanent Easement Agreement between
Cossette Properties, Inc., and Ken and Sally Custer at the address of 5533 Shoreline
Drive, known as Glass Plus. The Easement Agreement relates to approximately 1665
square feet of property that the City of Mound would need to obtain an easement on for
purposed of the realignment of Auditor's Road. The property is located on the
southeasterly portion of the Glass Plus site. The amount of $9200 was recommended
by staff to be paid to the Custer's for the easement, subject to being able to record it and
having pollution protection and approval of the State Aid Office. The Custer's
609
Mound City Council Minutes
December 19, 1995
acknowledge that there is a pollution problem considered to be a hazardous waste site
and that they are responsible for cleaning up the parcel to meet the requirements of the
MPCA.
Councilmember Ahrens moved and Councilmember Jensen seconded the following
resolution:
RESOLUTION #95-125
RESOLUTION APPROVING THE ACQUISITION OF
AN EASEMENT FOR THE CONSTRUCTION OF
AUDITOR'S ROAD FROM KENNETH AND SALLY
CUSTER AND COSSETTE PROPERTIES, INC., FOR
THE SUM OF $9200 SUBJECT TO THE CITY
RECEIVING A LIABILITY RELEASE FROM THE
MPCA AND RECEIPT OF A RECORDABLE
EASEMENT DOCUMENT.
The resolution passed 4-0. Hanus was absent and excused.
1.7 APPROVAL OF 1996 DOCK LOCATION MAP
City Manager Ed Shukle reviewed with the Council the proposed changes in the map for
1996. One issue causing concern by residents was the Waterside Lane vs. Water Bank
Common issue. Mr. Fackler was in attendance now and reviewed this with the Council.
The issue was item #5 from the November 9, 1995 Parks and Open Space Commission
Minutes:
Waterside Land vs. Water Bank Common (Dock sites 20130-22600 Morton Lane):
Currently the Dock Map shows this area as Waterside Common, the original plat
named this area Water Bank Common. Through discussion with the City
Engineer, it could be possible to rename this area back to Water Bank Common,
and also to recognize the improved road on the plat map and dock map as
Waterside Lane.
The Mayor asked if anyone in the chambers had comments or questions regarding the
Waterside/Water Bank Common.
Royal Moffatt, 5488 Tonkawood Lane, stated Waterside Lane is in front of his house and
wanted to know why the City wants to change the street to a lane? Mr. Fackler, Parks
Director, stated that the road is an easement and the street easement for Waterside Lane
was never 'denoted on the plat map. It was requested by the Parks and Open Space
Commission to recommend to the City Council to denote Waterside Lane on the Water
Bank Commons on the dock location map. When the street names were changed in the
610
Mound City Council Minutes
December 19, 1905
1960's, the name of the entire Water Bank Commons became known as Waterside Lane.
The intent was to show the lane and denote the common area on both sides of the road
and that these individuals are abutting Water Bank Common.
Councilmember Ahrens clarified this saying, 'The road goes across the commons parallel
to the shoreline and in front of the homes. The road is on what was originally designated
as commons. The concern, is that their is commons on the homeowners side of the road
and commons on the lake side of the road and there is a concern that the road will
perhaps interfere with their abutting status as abutting property owners."
Mayor Polston asked if changing the name of Water Bank Commons had to be done by
ordinance? Councilmember Ahrens stated this area is referred to as Water Bank
Commons according to the maps, plat. Waterside Lane goes through Water Bank
Common. According to the plat map, it is Water Bank Commons that has Waterside
Lane on it. Mr. Moffatt stated the abutters of this Water Bank Common do not want this
common to assume the name Waterside Common as there is another Waterside
Common in another location. These homeowners would like the commons in front of their
properties, that has Waterside Lane through it, to be denoted as Water Bank Commons,
as the plat map shows.
Councilmember Ahrens stated that in the City's Use Plan, the area on Waterside Lane
at the other end of Harrison's Bay has a different use plan than this area (Water Bank
Common) of common. It is confusing when looking at the Use Plan, when both are
named Waterside Common. Records had been changed internally somewhere along the
way.
It was confirmed the Water Bank Commons will be denoted as such by the plat map on
the Dock Location Map and the homeowners abutting Water Bank Commons with
Waterside Lane through it remain as abutting dock holders.
No action was taken.
Mr. Shukle asked if there were any other items from the list that needed discussion. Mr.
Fackler stated the others were not major changes.
City Attorney Curt Pearson stated there was a memo from himself to the Council
regarding court action on the case Flack vs. City of Mound. There was a correlation
between his memo and the proposed 1996 dock location map. He stated that before the
map was approved, the Council should discuss the Flack case.
At this point, the Mayor moved on to the next item regarding the approval of the 1996
dock forms. No action was taken at this time on the 1996 dock location map.
611
Mound City Council Minutes
December 19, 1995
1.9 APPROVAL OF 1996 DOCK LICENSE FORMS.
MOTION by Jensen, seconded by Jessen to approve the 1996 Dock
Application Forms.
Councilmember Jessen confirmed with Mr. Fackler that less information was being mailed
out with the renewal forms and will be provided if requested by the renewing residents.
Also, new applicants will receive all of the information including ordinances, etc.
Councilmember Ahrens requested a change in the letter to the license applicants, at item
#2. Due Date. This item #2 a, b and c was confusing and she wanted to remove sub
items b and c as it really is stated in #2a. The application letter will reflect these
changes.
City Manager Ed Shukle stated there was a memo from Parks Director, Jim Fackler,
regarding the late fee and new residents. If a new resident applied after the late fee date,
there was a late fee and they really were not late, as they were not a resident during the
time of application before deadline. The Park and Open Space Commission will look at
amending the ordinance to waive the late fee for new residents applying after the
deadline date and recommend changes to the Council.
It was clarified that if the renewal application is not received by February 29th, the
applicant would not go into third priority until after April 1st, if fee is not paid.
The motion was called to approve the 1996 Dock Application Forms as
amended. The motion carried 4-0.
1.10 DISCUSSION: CITY A'I-i'ORNEY'S REPORT - FLACK vs. CITY OF MOUND.
(THIS MAY BE DISCUSSED IN EXECUTIVE SESSION).
Mayor Polston stated the Council had not received the information the City Attorney had
mailed out to them. The Mayor suggested to return this item at the next scheduled
meeting. The City Attorney stated he would not be available to answer questions in
January. The City Attorney suggested an Executive Session to discuss with the Council
and then to return to the chambers to let the persons in attendance ask questions and
decide any action.
The Council went into Executive Session and at 9:30 PM and returned at 10:35 PM.
City Attorney Curt Pearson reviewed his nine page memorandum to the Council. These
minutes will contain the Referee's recommendation based on the referee's expertise in
the field of real property and what he heard during the testimony, and he states as
612
Mound City Council Minutes December 19, 1995
follows:
"While it is true that the suggested conclusions of law would confirm that
the plaintiffs are the fee owners of their segments of Wawonaissa common,
these segments would continue to be subject to the interests of the owners
of all of the other lots in Woodland Point which were created by the
dedication of the common to them in the plat. The nature of this interest,
almost assuredly that of an easement, cannot be defined without bringing
an action in which all of the lot owners and all of the encumbrancers are
joined as parties.
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 plaintiffs will mean they no longer
are assured of a dock site. All lot 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."
The City Attorney went on to state that Judge H. Peter Albrecht denied the City's motion
to amend the report of the Referee. He denied the Plaintiff's motion against the City for
refund of dock fees, and then made a rather strange concluding paragraph which states
as follows:
"That, until all appeals are exhausted, Defendant City of Mound is
temporarily enjoined from collecting dock fees from Plaintiffs and licensing
docks on the properties which are subject to this lawsuit".
City Attorney Curt Pearson also stated the City's two options:
'1. The City has 90 days after judgement has been entered to appeal
the decision of the Court to the Minnesota Court of Appeals. The Court
order has not been adopted as of this date (December 18, 1995) but we
expect that that will be forthcoming sometime in the next week or ten days,
which will start the 90 day period rolling. This particular issue is the major
decision that the Council will have to make as of this time.
2. If the City Council does not appeal the decision, the City will have
lost its right to issue dock permits on these six properties. I assume that
we would not license docks on the balance of the properties, since that
613
Mound City Council Minutes
December 19, 1995
would merely add to the confusion and would probably result in litigation by
other property owners along Wawonaissa Common."
Residents of Woodland Point were present and had questions:
Cathy Bailey, 1554 Bluebird Lane; Sherry Johnson/Martin Johnson, 1558 Bluebird Lane;
Leah Weycker, 1568 Bluebird Lane.
City Attorney, Curt Pearson, answered several questions:
The property owners in Woodland Point have not been deprived of any rights
as a result of this litigation.
It is unknown how many docks can be place on this piece of property. It would
probably have to go to the LMCD to attempt to obtain a permit for dockage.
It is up to the City Council to decide whether or not to appeal this decision.
If the City does not appeal it can no longer be a regulator or stand in the stead
of a homeowner's association. The property owners in the subdivision will have to
determine what and how the common will be maintained.
In the attorney's opinion, the plaintiffs cannot order a property owner of
Woodland Point to leave the area, but the public would have no right to use the common.
The underlying fee owner rests with the abutting owners, and the City did not
contest that.
- It is not known how this property will be taxed by Hennepin County or to whom
the tax bill will be sent to.
The LMCD can only regulate the water from the water's edge, not the land
abutting the water's edge.
The Woodland Point residents, at Cathy Bailey's direction, applauded the City Attorney
and Council for their efforts and asked that the City appeal this decision on behalf of
themselves and all of the non-abutting dock holders in the City of Mound.
MOTION by Ahrens, seconded by Jessen and carried unanimously to table the
approval of the 1996 Dock Location Map until the first meeting in January,
1996. The motion passed 4-0.
1.11
INFORMATION/MISCELLANEOUS:
A. FINANCIAL REPORT FOR NOVEMBER, 1995 AS PREPARED BY GINO
BUSINARO, FINANCE DIRECTOR.
B. PLANNING COMMISSION MINUTES OF DECEMBER 11, 1995.
614
Mound City Council Minutes December 19, 1995
MOTION by Ahrens, seconded by Jessen and carried unanimously to adjourn
the meeting.
The meeting was adjourned at 11:37 PM.
C~ Manager
Attest:
Acting City Clerk
615