City Council

MAHTOMEDI CITY COUNCIL MINUTES APRIL 4, 2017 Mayor Jud Marshall convened the regular City Council meeting at 7:00 p.m. with Council members Timothy Deans, Joel Schilling, Richard Brainerd and Lael Ramaley in attendance. City Administrator Scott Neilson, City Attorney Jay Karlovich, City Engineer Chris LaBounty, Fire Chief Terry Fischer and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Deans moved and Council member Schilling seconded the motion to approve the agenda as presented. The motion was unanimously approved. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES Council member Brainerd moved and Council member Schilling seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS 5. DISCUSSION FROM THE AUDIENCE Karen Bowie, owner of Jethro’s, was present to ask for help with the parking issue at Lincoln Square. Ms. Bowie said she has talked with the owner of Lincoln Square, but he has not been much help and was asking if the City could help in any way. Ms. Bowie was instructed to talk with Erin Perdu, the City Planner. 6. CONSENT AGENDA Council member Brainerd moved and Council member Schilling seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPROVAL-City License Renewals. Each year, licenses for on/off sale, Sunday, intoxicating, 3.2% Off-Sale Malt Liquor and gasoline stations come up for renewal. Approval of the license renewals, contingent upon receipt of all appropriate paperwork and certificates of insurance was approved. b. APPROVAL- City Forester Contract. The contract for the 2017 Municipal tree disease prevention program and general forestry services to YTS Companies at an hourly rate of $70.00 and an estimated annual cost of not to exceed $20,000 was approved. YTS has provided this service to the City the last few years and it has gone well. The contract duration will be for one year. CITY COUNCIL MEETING MINUTES -2- APRIL 4, 2017 6. CONSENT AGENDA-Continued. c. APPROVAL- Firefighter/EMT Leave of Absence. Firefighter/EMT Tim Deans requested a 90 day leave of absence from the Fire Department, effective March 21, 2017. d. APPROVAL- Award Contract for Triangle Park Improvement Project. The City of Mahtomedi recently requested quotes to complete improvements near the memorial in Triangle Park. Quotes were received on Tuesday, March 14, 2017. A total of four quotes were received. The low quote as submitted was for a grand total of $55,174.00, which was higher than the original engineer’s estimate for the improvement. Based on the quotes received the improvements were re-quoted with the removal of a drinking fountain and street related work for the drinking fountain water service connection. Quotes were received for the requote package on Monday, March 27, 2017. Three quotes were received. The low quote was submitted by Peterson Companies, Inc. with a base bid total of $26,346.50 and add alternate bid total of $2,732.00 for the low grand total quote of $29,078.50. Based on the results of the quotes received, City staff is recommending the City Council reject all quotes received on Tuesday, March 14, 2017 and the City Council consider the quotes received on Monday, March 27, 2017. A contract in the amount of $29,078.50 was awarded to Peterson Companies, Inc. based on the results of the quotes received. e. APPROVAL- Hiring of Probationary Paid-On Call EMS Only. Fire Chief Fischer received approval to hire Diana Bocklund for a probationary paid-on call EMS only position. The hiring is contingent upon the successful completion of passing the psychological assessment, background check, and physical assessments. f. APPROVAL-Request from St. Jude of the Lake Church, 700 Mahtomedi Avenue, to hold a gambling event and to sell wine and beer at the Annual Dinner on May 6, 2017. St. Jude of the Lake Church, 700 Mahtomedi Avenue, received Council permission for a gambling permit and to sell wine and beer at the Annual Dinner on May 6, 2017. g. APPROVAL-Schedule Joint City Council/Finance Commission Meeting for April 11, 2017 at 6:00 p.m. A joint work session with the Finance Commission was scheduled for April 11, 2017 at 6:00 p.m. CITY COUNCIL MEETING MINUTES -3- APRIL 4, 2017 6. CONSENT AGENDA-Continued. h. APPROVAL-Construction Pay Voucher No. 1 for Metering & Technology Solutions in the amount of $91,618.00 for Mahtomedi/Willernie Water Meter Replacement Project. Construction Pay Voucher No. 1 for Metering & Technology Solutions in the amount of $91,618.00 for Mahtomedi/Willernie Water Meter Replacement Project was approved. 7. PUBLIC HEARINGS 7a. CONSIDER APPROVAL-Vacation of the Easterly Portion of Bryant Avenue. City Attorney Jay Karlovich provided an overview of the discussion from the workshop that was held in March to discuss this issue. He said in the Spring of 2016, the owner of 1502 Bryant Avenue, located on the southeast side of Bryant Avenue adjacent to Long Lake, asked the City Planner to determine if her adjacent vacant fifty (50) foot wide lot (PID No. 20.030.21.12.0034) is a buildable lot. The lot is legally described as Lot 14, Block 147, Wildwood, and is part of Torrens Certificate No. 67575, attached hereto as Exhibit A. Two adjacent neighbors have alleged that the Bryant Avenue right-of-way was vacated pursuant to a 1908 judicial order pursuant to the vacation statute in effect at that time. The neighbors further maintain that the vacation was confirmed by the City Administrator in 1993 and that the Washington County GIS Mapping System does not accurately depict the existing street right-of-way along Bryant Avenue. The specific concern regarding the buildability of Lot 14, Block 147, is dependent upon whether or not it has access to a City street right-of-way, specifically, Bryant Avenue. The broader concerns the Council may wish to address are a) whether or not Bryant Avenue was vacated by the 1908 Order and/or the 1993 City Administrator letter; and b) if not, should the Council, upon its own motion proceed to vacate the easterly portion of Bryant Avenue at issue? Based on the law, the language in the statutory provisions and the ambiguous language of the 1908 Order, it is the opinion of the City Attorney, for the following reasons, that the 1908 order did not effectuate a vacation of Bryant Avenue. Because Bryant Avenue adjoined both Block 146 that was vacated and Block 147 which was not vacated, the statute requires that Bryant Avenue can only be vacated if it is shown to be “useless for the purposes for which it was laid out.” The 1908 District Court Order not only did not specifically reference Bryant Avenue, it also failed to make any CITY COUNCIL MEETING MINUTES -4- APRIL 4, 2017 7a. Continued. finding of uselessness other than some vague findings that none of the streets have been improved and that the lots are wooded and remote. Further, the language in the 1908 Order regarding the vacation of “all other streets, alleys or avenues in and adjoining any of the said lots or blocks” can be harmonized if one assumes that “adjoining” meant adjoining both a lot or block sought to be vacated and another lot or block sought to be vacated. The Order is ambiguous and does not meet the statutory requirement that there be a specific finding of uselessness for the part of Bryant Avenue the owner of (former/vacated) Lot 1, Block 146 claims was vacated by the 1908 Order. The issues discussed above were presented to Dakota County Abstract and Title (DCA Title) for an informal opinion regarding the insurability of access to Lot 14. In contrast to the City Attorney’s analysis, DCA determined that the 1908 Order “catch language” could have effectuated the vacation of the Northwesterly half of Bryant Avenue, leaving the Southeasterly half of Bryant Avenue as a public roadway from Kenwood Street to Long Lake. While it is the City Attorney’s position that the 1908 Order did not intend to vacate any portion of Bryant Avenue, the Title Examiner’s position as specified could be of interest to seller of Lot 14 as it appears that at the least, DCA Title and Old Republic Title would insure access to a public street, even though only one-half (1/2) of the platted right-of-way remains. It should be note that in paragraph 3 of said Proposed Resolution there is a reservation of a drainage and utility easement over the southerly one-half of the easterly portion of Bryant Avenue proposed to be vacated. The reservation of a drainage and utility easement over the southerly one-half of the easterly portion of Bryant Avenue proposed to be vacated provides an approximately thirty-foot wide area whereby the City Engineer has confirmed that a storm water drainage pipe leading to Long Lake could be installed if needed at a future date if advisable as part of a future street improvement project in the area. Attorney Karlovich said the letter from the Minnesota DNR said no vacation should be made unless it is in the best interest of the public to do so. But, if the City chooses to vacate the right of way, in addition to a drainage and utility easement, a trail easement should be retained too. Attorney Karlovich said the City does not have authority to retain a trail easement, only a drainage and utility easement. Mayor Marshall opened the public hearing at 8:00 p.m. CITY COUNCIL MEETING MINUTES -5- APRIL 4, 2017 7a. Continued. Ms. Carol Heinsch, 1501 Bryant Avenue, said in 1993 the neighborhood received a letter from the City of Mahtomedi stating the vacation of Bryant vacation issue had been cleared up with the County and wants the current city council to honor the 1993 letter. Beth Messerly, 1502 Bryant Avenue, said she is grateful for resolution of this issue. She asked that the 30 foot easement not be added to the south side of the road, but rather to the north half. She said if the drainage pipe is put on the south half, a lot of trees would be lost as there are more trees on the south side versus the north side of Bryant. She suggested taking 15 feet from both 1501 and 1502 Bryant Avenue. Jennifer Penwell, 164 Kenwood Street, said her husband was very involved in the discussion of this issue in 1993, however due to illness he was unable to attend the meeting. She said they were assured by the council at that time, this issue was taken care of. She said the letter from 1993 should be upheld. City Attorney Karlovich said there was no resolution or opinion recorded in 1993. Ralph Bruce, said the council should approve this vacation as it only makes common sense to vacate this portion of Bryant. Tony Yarusso, 125 Spruce Street, said this is the only remaining access to Long Lake and is not happy to see this item on the agenda. He said it is not in the public’s interest to vacate this street. It is very difficult to get back once this is done. He asked if another way to access the lake could be found. Tim Hassett, the attorney for Ms. Heinch, said the neighborhood is only looking for a solution to this issue and is not looking to litigate this. He suggested the council follow their attorney’s advice. Mayor Marshall closed the public hearing at 8:40 p.m. Council member Brainerd asked if there is any way of getting a trail easement to the lake. Attorney Karlovich said the only easement the City can do at this time, is the drainage and utility easement. Council member Brainerd moved and Council member Ramaley seconded the motion to approve Resolution No. 2017-11 Providing for the Vacation of Streets by Resolution. The motion was approved. CITY COUNCIL MEETING MINUTES -6- APRIL 4, 2017 8a. CONSIDER APPROVAL-Bill List Council member Deans moved and Council member Ramaley seconded the motion to approve the bills as presented. The motion was unanimously approved. 9. REPORT FROM THE CITY ADMINISTRATOR Administrator Neilson said the annual deer count was done last month and the deer count is down from previous years. Administrator Neilson said the Finance Commission, at their last meeting, had made a recommendation to not do a utility project in the Bevins and Briarwood neighborhoods. Only do a roads only project in the Briarwood Area. 10. COMMENTS FROM THE CITY COUNCIL Fire Chief Fischer reminded everyone about the Ham Bingo at the High School on Saturday, April 8th from 4:00 to 8:00 p.m. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Brainerd moved and Council member Schilling seconded the motion to adjourn the meeting at 8:50 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR