03-26-2012 Council Meeting Minutes

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COUNCIL MINUTES March 26, 2012 APPROVED 135 �..i36 Julie Jeffrey Schwarz addressed the council. She noted that the association board of directors has no 137 intent whatsoever to allow this easement. She added that she is a professional appraiser of easements 138 so she recognizes the problems that will arise in this appraisal. Mr. Johnson is requesting two rods 139 rather than one as would be a normal size cartway easement; there is some concern that building is the 140 ultimate goal. This should have been considered when the land was originally platted. When the 141 mayor suggested that such details will be appropriately considered at a public hearing, Ms. Jeffrey 142 Schwartz noted that she is attempting to explain the complexity of the situation so the council can 143 understand that more time is needed for review. A council member noted that the public hearing 144 could be extended also if more time is needed at that point. 145 146 The council again discussed an appropriate time frame for a public hearing. The city attorney 147 confirmed that a full appraisal process could take 90 days. Staff confirmed that the city is at the point 148 where it is necessary to set the hearing. 149 150 Adam Johnson told the council that he has been working at this situation for some time and he prefers 151 that the council establish the hearing as soon as possible. The mayor noted that he hears that the 152 council wants to be fair and reasonable and allow for input and there's been information provided that 153 indicates 12 weeks may be necessary. 154 155 A council member suggested that a third party appraisal would seem appropriate especially since the 156 council will be asked to set damages. There would also be a cost to the homeowners association for 57 an appraisal. Mr. Snyder replied that the process is more of an agricultural inquiry and it allows for 158 all parties to gather information. Also Mr. Snyder added that July 9 would be the earliest that Ms. 159 Jeffrey Schwarz's schedule allows for her work. When the council concurred with that time frame, a 160 member commented that there is anticipation that the necessary work will be completed. The city 161 attorney suggested that any written materials should be submitted in advance of the meeting to allow 162 for proper council review. The mayor suggested that the council will discuss the matter first at the 163 work session early in July and all parties are invited to attend that discussion. 164 165 Council Member Roeser moved to approve Resolution No. 12-29 as amended to reflect a public 166 hearing date of July 9, 2012. Council Member Rafferty seconded the motion. Motion carried on a 167 unanimous voice vote. Mr. Grochala noted the petitioner's responsibility to serve proper notice. 168 169 6B) 2012 Intersection Signal Improvements 170 i. Resolution No. 12-30,Approving a Joint Powers Agreement with Anoka County for 171 the Birch/Ware Signal Improvements; 172 ii. Resolution No. 12-31, Approving a Joint Powers Agreement with Anoka County for 173 the Main/Lake Signal Improvements. 174 175 Community Development Director Grochala noted the two agreements with Anoka County governing 176 two intersection improvement projects. The agreements lay out cost sharing and administration for 177 the projects. He explained the total estimated costs, noting the split for city funding and county 178 funding and that construction should begin in August. Costs are estimated to be under what was originally projected by about twenty three percent. 4