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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