09/24/2012 Council Packet - Laserfiche WebLink

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CITY COUNCIL WORK SESSION September 4, 2012 DRAFT 46 and that should be honored whether it was filed or not. Attorney Langel pointed out that 47 the Adams who entered the settlement agreement don't own the property any longer so 48 therefore couldn't grant an easement at this point. 49 50 Mayor Reinert asked if the statutory threshold has been met and Attorney Langel said yes 51 and explained that the council's authority then is to establish location of the cartway and 52 damages. He added that the council should also consider the nature of the private "jut" 53 into Mr. Johnson's property. The council asked for survey information and Mr. Johnson 54 explained that the surveyor was not able to finish that job. Mr. Johnson explained that 55 there were some distance changes involved that impacted the schedule for finalizing the 56 survey information. 57 58 Regarding the driveway portion, Council Member Roeser suggested that there must be 59 some homeowner association standards in place for the vicinity that could perhaps be 60 followed on a voluntary basis. 61 62 Mayor Reinert suggested that it is the council's job at this point to follow state law and as 63 part of that to determine damages. He asked if staff could get information on how 64 damages have been calculated in other cartway situations. An area resident pointed out 65 that Mr. Johnson's use of the property is part of the problem; he offers professional 66 hunting services and hunting isn't safe or legal in the area. The Mayor pointed out that 67 hunting is regulated under city ordinance so it should be clear as to the legality of hunting 68 in the area. Mr. Johnson pointed out that, under city ordinance, he has received 69 permission from area property owners to hunt. 70 71 An area resident also pointed out that owning the private bridge and roadway has resulted 72 in some expensive maintenance costs for the homeowners association. The Mayor 73 requested that the council receive specific information on those costs. 74 75 The schedule for council consideration was discussed. Survey information and 76 maintenance information will be required. Considering the information that needs to be 77 gathered, the council suggested they would consider the matter at a future council 78 meeting but the next meeting on September 10 would be too soon. The Mayor 79 requested, as a separate matter, a map addressing the question of hunting since that 80 question will have to be answered eventually. 81 82 2. Signal Improvement Project Update — Community Development Coordinator 83 Grochala updated the council on the signal improvement project (intersections of Birch & 84 Ware Road and Lake Drive & Main Street). He noted that bids have been received and 85 staff is recommending a contract be entered with the low bidder. Staff is ready to move 86 once the project is awarded and is working with Anoka County to prepare. Any issues 87 that have arisen such as right of way acquisition are being worked on already. Mr. 88 Grochala explained how the bid figure actually pans out to the city since only a portion of 89 the construction costs fall to the city. He also explained how engineering costs will break 90 down; supplemental agreements with TKDA are outstanding and staff will continue 2