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HomeMy WebLinkAbout03-26-2012 Council Meeting Minutes COUNCIL MINUTES March 26, 2012 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : March 26,2012 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:25 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; Public Safety Director John Swenson; City Engineer Jason Wedel; City Attorney Jay 13 Squires; Public Services Director Rick DeGardner; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was amended to remove Item 3A. 22 L23 SPECIAL PRESENTATION 24 25 Chain of Lakes Rotary Donation to Lino Lakes Police Volunteers—A check in the amount of 26 $3,000 was presented by Lino Lakes Rotary Club member Mike Trudeau to support the Police 27 Department K-9 Program. The donation was accepted with gratitude by Julie Jeffrey Schwartz on 28 behalf of the Lino Lakes Police Department Volunteers. Police Department K-9 Sergeant Hager and 29 K-9 Recon were also present. 30 31 CONSENT AGENDA 32 33 Council Member Rafferty moved to approve Consent Agenda Items 1A, 1C and 1D as presented. 34 Council Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. 35 36 Council Member Rafferty moved to approve Consent Agenda Items 1B as presented. Council 37 Member Stoesz seconded the motion. Motion carried on a voice vote; Council Member O'Donnell 38 abstained from voting. 39 40 ITEM ACTION 41 42 Consideration of Expenditures: 43 44 March 26, 2012 (Check No. 92943 — 45 93024, $367,587.32) Approved 1 COUNCIL MINUTES March 26, 2012 APPROVED 46 X47 Centennial Fire District (Check No. 5241- 48 5254, $6,587.04) Approved 49 50 March 5. 2012. 2012 Council Work Session 51 Minutes (Council Member O'Donnell absent) Approved 52 53 March 12, 2012 City Council Meeting 54 Minutes Approved 55 56 Application to conduct two Excluded Bingo events. 57 Rice Lake Elementary PTO Approved 58 59 FINANCE DEPARTMENT REPORT 60 61 There was no report from the Finance Department. 62 63 ADMINISTRATION DEPARTMENT REPORT 64 65 Item 3A regarding an extension to the joint powers agreement with Vadnais Lakes Area Water 66 Management Organization (VLAWMO) had been removed from the agenda. 67 58 PUBLIC SAFETY DEPARTMENT REPORT 69 70 There was no report from the Public Safety Department. 71 72 PUBLIC SERVICES DEPARTMENT REPORT 73 74 5A) Public Hearing and Consideration of Resolution No. 12-28, Authorizing submission of an 75 Outdoor Recreation Grant Application to the Minnesota Department of Natural Resourses 76 (DNR)—Public Services Director DeGardner explained that staff is requesting authorization to 77 submit a grant application to the DNR requesting funding for Phase 1 development of the city 78 Recreation Complex. He explained that Phase 1 would include the development of two multi use 79 fields (soccer, football and lacrosse), two baseball fields, a parking lot and trails. This phase could 80 begin and be completed in 2013 if funding is in place. When noting the overall cost for Phase 1, Mr. 81 DeGardner added that the proposed budget would include grant funds, dedicated park funds and 82 budget reserves; if the grant funds were not received, the development would be delayed pending the 83 identification of other funding. Mr. DeGardner reviewed the estimated annual maintenance expenses 84 as well as longer term maintenance and renovation needs attached to the fields. 85 86 Mayor Reinert opened the public hearing. 87 88 There being no one present wishing to speak, the public hearing was closed at 6:41 p.m. 89 2 COUNCIL MINUTES March 26, 2012 APPROVED 90 Council Member Roeser moved to approve Resolution No. 12-28 as presented. Council Member 1 �91 O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 92 93 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 94 95 6A) Resolution No. 12-29, Calling for a Hearing to Establish Cartway—Community 96 Development Director Grochala noted that the city has received a petition from Adam Johnson, 2055 97 Otter Lake Drive, to establish a cartway easement to provide access to a landlocked parcel that he 98 owns. Mr. Johnson lives at the end of a public roadway just before a private bridge that provides 99 access to other land, including ten acres that Mr. Johnson owns. The private bridge and roadway 100 belong to Oakbrook Peninsula Homeowners Association who have denied Mr. Johnson's request for 101 a standard easement to utilize the roadway/bridge. Mr. Johnson has therefore submitted this petition 102 for a cartway, a process allowed under Minnesota Statutes. At this point the council is requested to 103 set a public hearing on establishment of the proposed cartway for April 23, 2012. The process also 104 calls for the petitioner to submit escrow funds since all costs of the city are to be paid by the 105 petitioner. 106 107 The mayor noted that this is the first cartway request that he's seen before the council and he would 108 like City Attorney Squires to explain the process further. Mr. Squires noted that a cartway provides 109 access across private property to a landlocked parcel, a process for which is provided under state law. 110 For many years cartways were limited to townships but cities were included in 2006. The statute says 111 that the council shall grant the cartway if the petition is proper, the land is five acres or more and the J 12 property is landlocked, all criteria that are met in this case. At this point the council is being 113 requested to schedule a public hearing and at that hearing allow property owners and the petitioneer to 114 comment. The council will be responsible to establish the route, assess damages to the impacted 115 property owners and the city and apportion maintenance responsibilities. 116 117 Attorney Dave Snyder,representing impacted property owner Julie Jeffrey Schwartz, addressed the 118 council. Mr. Snyder noted that his client first learned of this serious request the previous Friday. He 119 added that the council has heard about the cartway process under law but he would note that there is 120 no time limit on when the hearing can be set. He is requesting on behalf of his client that the hearing 121 be set in four or five months so that proper and necessary review can occur before the council is thrust 122 into consideration of this serious condemnation request. It will be important to allow city staff to 123 evaluate the situation fully including what is going on with the property involved and possible 124 regulatory impacts. City Attorney Squires responded that possible uses of the land is not an issue 125 germane in terms of the statute; he suggests that land use could be an issue but not in terms of the 126 cartway process;this request is to go over an established private road, a situation that would seem to 127 limit regulatory questions. Mr. Snyder suggested that is a presumption before the hearing and 128 discussion of the matter has occurred; further damages are an issue that will pertain as well as the size 129 of the cartway requested. 130 131 The council discussed when the hearing should occur. A council member remarked that more time 132 would be acceptable but several months may not be responsive to the request. Attorney Snyder '33 argued for at least 60 to 90 days out suggesting that would be a typical amount of time for the type of 34 analysis required for this request. 3 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 • COUNCIL MINUTES March 26, 2012 APPROVED 180 X81 Council Member O'Donnell moved to approve Resolution No. 12-30 as presented. Council Member 182 Roeser seconded the motion. Motion carried on a unanimous voice vote. 183 184 Council Member Roeser moved to approve Resolution No. 12-31 as presented. Council Member 185 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 186 187 UNFINISHED BUSINESS 188 189 There was no Unfinished Business. 190 191 NEW BUSINESS 192 193 There was no New Business. 194 195 COMMUNITY CALENDAR 196 197 Community Calendar-A Look Ahead 198 March 26,2012 through April 9,2012 199 200 Wednesday, March 28 6:30 pm,Council Chambers Environmental Board 201 Thursday,April 2 5:30 pm,Community Room Work Session '02 4. Monday,April 9 6:00 pm,Council Chambers Board of Appeal Monday,April 9 6:30 pm,Council Chambers City Council Meeting 204 205 ADJOURN 206 207 There being no further business, Council Member Rafferty moved to adjourn at 7:25 p.m. Council 208 Member Roeser seconded the motion. Motion carried unanimously. 209 210 These minutes were considered and approved at the regular Counci ►4 -eting,April 9 2012. 211 212 1 213 2 215 i e Bartell, City lerk Jeff Rei•e• . .yor 216