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
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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