Memo - Refuse Issue, Interlachen Park Neighborhood
I Office of the City Manager I
Memorandum
To:
From:
Date:
Subject:
Honorable Mayor and Members of the City Council
Steven C. Mielke, City Manager
August 12, 1999
Refuse Issue, Interlachen Park Neighborhood
Attached are the following items regarding this issue:
. Work session minutes, July 20, 1999
. Memorandum from Jerre Miller, August 12, 1999
. Memorandum from Steve Stadler, July 9, 1999
. Letter from Roger Nolby, August 8, 1999
Work Ses ion Minute
July 20, 1999
A City Council work session was held on Tuesday, July 20,1999 in the Council
Chambers after the regular City Council meeting.
The meeting was called to order by Mayor Redepenning at 9:40 p.m. All City Council
members were in attendance, as was City Manager Steve Mielke.
Raspberry Festival Parade
The first item of discussion was the Raspberry Festival parade. Comments by Council
members were complimentary toward the parade and several units in the parade.
Beard/Alliant Tech Site
Council member Hesch asked how the Council and staff could avoid the type of
discussion that was held at the Council meeting regarding the Beard/Alliant Tech
project. City Manager Steve Mielke indicated that he would be speaking with the staff
to make sure the appropriate materials are prepared and provided to the Council, and
apologized for the information which had not been included in the report. Additionally,
he suggested that if the Council notices items are not fully covered to the Council's
desires, that a phone call prior to the meeting would be helpful.
Appearance of Mr. Greenberg and Mr. Nolby
The next item was a discussion about the appearance of Mr. Greenberg and Mr. Nolby
at the Council meeting. It was clarified that at the work session, Council wanted to
receive information from the City Attorney regarding our policies and .ordinances, and
that the Council would not mediate the issue, but instead, establish the city's position as
to the issue.
Bentley Employment Issue
Council member Jensen expressed her frustration over the settlement of the Bentley
employment issue. Mielke indicated that he was also frustrated, but recognized that it
is common for the League of Cities to settle these types of suits when they feel that
settling is cheaper than defending itself in court. He also stated that the League was
concerned about a jury trial and the uncertainties that exist, despite the favorable facts
of the case.
Inspection of Arches
Council member Jensen asked about the Arches and whether inspections have been
performed. City Manager Mielke indicated that he would provide an update to the
Council on that issue. Mayor Redepenning indicated that he had spoken with
individuals who felt that the Arches had cleaned up quite a bit.
Police Chief Earl Johnson Resignation
City Manager Steve Mielke announced that Police Chief Earl Johnson would have his
last day of service to the City on August 3.
There being no further items of discussion the motion was made by Johnson, seconded
by Hesch to adjourn the meeting. The meeting was adjourned at 9:58 p.m.
CityofJ[opkjns
1010 Pint Street Soutli · J{op~nsJ '.MN 55343-7573 · CPlione: 612-935-8474 · POJG' 612-935-1834
MEMO
Date: August 12, 1999
To: Steve Mielke
From: Jerre Miller
Re: Nolby Garbage Dispute Or The Case Of The Trespassing Trash
Charles Nolby resides at 201 Interlachen Road. His driveway provides him access to Goodrich. His
next door neighbor Mr. Schmeder lives at 209 Intedachen Road. Their homes are on adjacent lots.
Many years ago, the predecessor in title to Nolby gave the next door neighbor at the time a driveway
easement. It was a very simple agreement that provided the neighbor with "driveway access". I
have attached a copy of this document for your review.
My knowledge of this neighborhood problem first arose upon receipt of a call from Mr. Nolby who
wanted me to interpret his driveway easement. After discovering he had contacted me as the City
Attorney, I told him the matter was considered a private issue between himself and his neighbor and
be resolved accordingly because the City does not inject itself into neighborhood disputes that are
private in nature.
Following that, an appearance by the Schmerlers before the City Council was closely followed by
an appearance with his neighbors Mr. Nolby and Mr. Greenberg. It was clear the City's suggestion
of mediation among these parties was even less likely than armed confrontation at the 0 K corrall.
From the standpoint of the City, the public waste collection policy is sufficiently flexible to allow
pick up where ever the receptacle may reasonably be located. In this case, Schmerler has the option
of working out a transaction with his neighbor to place it with the others on Goodrich or haul it out
to lnterlachen Road and this is the actual extent of the involvement the City may engage in, that is
to pick up the trash on either of the two roadways.
The City cannot become a party to the knotty search for a solid waste pick up solution among these
neighbors.
Although I need not comment further, I am compelled to say the matter gives rise to intriguing legal
issue on how to define the wording granting the easement in the document.
c:\file\hopkins\sm-memo
)I n <Equa{ Opptihunity 'Employer
On the one hand, Mr. Nolby renders a literal interpretation that driveway access is for vehicles only
since the document is silent on a description of other uses such as walking, bicycling or hauling a
trash receptacle to Goodrich.
Sc!nnerler, on the other hand, would render a broad interpretation couched in the context of defIning
"driveway" as a term encompassing more uses than simply driving a vehicle in and out over the
driveway.
Whether the participants in this dispute seek resoluf n by a Court Order remains to be seen but in
any event the City should not be a player in it.
c:\file\hopkins\sm-memo
2
FROM 10 ':'.:itl' r'o' r'U I. uo.:
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BASEMENT' .
THIS IND'EN'rUUE. Made this ~~~ of - _ . 7~l. by and
betw en RU'rK A :&'REEUAN IUld mS'iiARD VI. F ,KMAN. wi and husband, parties
of the first part. and JOSEPH FRANKLI l)RAlf and IlARTHA v. DFoAlT. husband
and wit , parties of the .econd part, witnesseth, th~t,
WHEREAS, The said parties of the first part are the owners in ree
8~pl , as joint tenant8 and not 11.8 tenante1n oommon, of those tracts
or parcels' of land eituated 1n the County of Hennepin and state of Minn-
esota, de6cribed as followe, to-wit; Lot~ One (1) and Two (2), in nlock
Twelve (12), in F. A. Savaget, Interlaohen Park. aocprding to the plat
thereot on file and ot reoord in the office of the Reilstrar of Titles
in Rnd for said Hennepin county: aDd~ whereae, the said parties of the
8~con4 part. ~~ ~lt,;.~~'~~,.~.n. .ree ~1JDP.le. ,&S, t.~i!t~ ...~~naDta and not as
. tenants in common. of those tracts or parcele of ll'\ncl' dtue:te4 in the
County of Hennepin. and state ot M1nrte8ot~. desoribed as followa, to.~it:
Lots Three (~) and Four (4), in Block Twelve (12), in F. A. Sava~etB
Interlachen Park, a.ccording to :the plat thereof on :tile and of record
in th office of the Rei1strar of Titles 1n and for said Xennepin Co~nty~
~ ~ ,,,'1" ,,:
!lOW'. TKERl.FOlm. In coneideratlon of One (Ol.O~) DoUar: anc!other good j
and vl&luable consideration to them in hand paid j:y tll~ 118.l4 part1e_& ot ",
th second part, receipt ~8reof 18 hereby aQknoB1e~.ed, the'~ald part1~e
of the firet part do hereby grant unto the partile ot.the'.econd part,.':
l' their assigns, and unto the B",rvi~or of t}le &Allj~arti.. of the .':. .
seoond part and the heit-III ftnd al!lB1gn13 of the 8U~~VOI',~, to~.ver, the"full '.
and free rliht to use the private driTeway. for ~r1"l'way purposee only, .,
at the rear or euterly end of 8ald Lots One (1 );.~ft.nCI1 tjrO (~), the said '
driveway being more particularly described ae f<f:l.~O""'~~ to~1t: :Beg1~ing:
at the northeast corner of said Lot One (l), th~. 1~ a .~sterly d1-: '
reat10n along the north boundary line of 8aid Lot On.~~l).for'a distance
of ten (10) feet. thence at rlght angleB 1n a southerly d1rection
parallel to the easterly boundary l1ne ot 8a1d Lots One (1) ~nd Two (2)
, for a distance of e1ght~ (80) feet to a point on the southerly boundary
, 11ne of said Lot ,Two, (,2J. thence at dSht anaJ,u in an easterly 41-
'r Uon alope :th,,':N~utheril'~boundar7i'l1n.'":'o:r;'.aid Lot Two (2) ....di8'tance--
o~ ten (10) feet to tbe 80utheaBt corner of a~1d Lo~ Two(21. th~nce ~~
rl8ht anile. in . northerly direction along the e8st.~ly boundary 1ine9
of sald Loti One (l) and Two (2) a dlstan~e of eishty (80) teet to th
~oint or becinnins. being the easterly ten (10) t.et of ~aid tote On
(1) and Two (2). in Block Twelve (12). 1n J. A. Bavage', Interlachen
Park. aocO~dlng to ~. pl~t thereof on tile and of reoord in the office
of the Regietrs.r ot '!'iUs. in and for said Hennepin County, JUnneeota; ~
the ealc:\ partiee of the second part to hold sdd easeIIlent to thel1lsel v-ee.
their aBsigns, and to the survivor of Baid parties and the heirs and .
ABsigns of the survivor, as appurtenanttto 8ald Lots ~hree (3) and
Four (4).
ID TE5TIKONRY WHEREOF, The said parties of the firat part have here-
l1nto lIet their hands and Beale the day and yeer above written.
" In ~. presenoe. ofl
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r.--,- On this z?!;4ay of . ., before 111 ·
a Notar.1~~1~c.,1tbln .nd tor 8aid ounty, pe onally appeared Ruth A.
Fre~IWJr~'~'4'1! ",d. 'W., Freeman. wit IUld husband, to lI1e known to be the
Pili' ~ at.", iln..'- ~d who executed thetoregolng instrument and
;/~I'.~.. . ~~'" ..i ~~,;.xecut.ed the ztae their rJ:'ee aot and. deed.
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