10-08-2012 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES October 8, 2012 APPROVED 89 Minnesota Snow and Ice Control Handbook. He noted that staff has already been trained with the L.20 handbook. 91 92 Council Member O'Donnell moved to approve adoption of the Handbook as submitted. Council 93 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 94 95 PUBLIC SAFETY DEPARTMENT REPORT 96 97 There was no report from the Public Safety Department. 98 99 PUBLIC SERVICES DEPARTMENT REPORT 100 101 There was no report from the Public Services Department. 102 103 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 104 105 6A) Consideration of Resolution No. 12-59,Establishing Cartway—Community Development 106 Director Grochala noted the resolution before the council that would provide for establishment of a 107 cartway on Otter Lake Drive. This process has been on-going, with a public hearing held by the 108 council in July and discussions at various council meetings. 109 110 City Attorney Langel reviewed the resolution and cartway process. The petition submitted by Adam 11 Johnson(the"Petitioner")requests a cartway between parcels of his land, over a private road and a L.112 bridge that is owned by a homeowners' association(the"HOA"). The city council is responsible for 113 deciding if the statutory requirements for establishing a cartway are met, deciding on the location of 114 the cartway and determining damages to the owner of the land. The city has received information 115 from the involved parties. Staff feels that the threshold for establishing the cartway has been met. 116 On the question of location,the existing roadway and bridge are the most sensible location(the 117 survey of the proposed cartway was submitted by Petitioner and included in the staff letter). On the 118 question of damages, Mr. Langel noted that both parties submitted information. There is a wide 119 divergence between the two sides on the amount of damages. Staff has put forth in the report one 120 proposed means of determining damages; it is not the only way to make that determination. The 121 Petitioner has to pay damages and construction costs for the cartway. Mr. Langel also noted that the 122 cartway width would be the width of the roadway and the cartway cannot be utilized until all damages 123 have been paid. The resolution submitted to the council now contains the points mentioned this 124 evening and also some blanks for council consideration. On the question of ongoing maintenance, 125 the council is additionally responsible for determining the costs and a formula is proposed. 126 127 The mayor remarked that it appears that the majority of the council has determined that the cartway is 128 allowed under state law. On the matter of damages, Attorney Langel explained in terms the 129 recommendation of the HOA ($748,000) and the recommendation of the Petitioner($1,343.38). The 130 HOA estimate includes three areas of damages:to the land itself(the entirety of Outlot A),to the 131 roadway/bridge, and severance. Mr. Langel noted that his issues of concern about the HOA estimate 132 are mainly on the basis that they used the entirety of the Outlot for the calculations and that severance L. 133 wouldn't apply in this case. Staff's suggestion(and not the only option) is that the council look at 3