HomeMy WebLinkAbout09-04-2012 Council Minutes CITY COUNCIL WORK SESSION September 4, 2012
APPROVED
CITY OF LINO LAKES
2 MINUTES
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4 DATE : September 4, 2012
5 TIME STARTED : 5:35 p.m.
6 TIME ENDED : 9:10 p.m.
7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell,
8 Rafferty, Roeser and Mayor Reinert
9 MEMBERS ABSENT : None
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12 Staff members present: City Administrator Jeff Karlson; Community Development
13 Director Michael Grochala; City Attorney Joseph Langel; Public Safety Director John
14 Swenson; Economic Development Coordinator Mary Divine; Finance Director Al Rolek;
15 Environmental Coordinator Marty Asleson.
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17 1. Cartway Easement Review—Community Development Director Grochala and City
18 Attorney Langel addressed the council. Mr. Grochala recalled the petition process that
19 brought the cartway matter to the council and that a public hearing was held after which
20 the matter was postponed at the city council meeting. He noted that the council received
21 a draft resolution in their packet for discussion purposes. He also noted that the council
22 has received information provided by the involved parties since the last council
23 discussion.
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25 City Attorney Langel noted the draft resolution would set out fmdings relative to
26 establishment of a cartway, including meeting the statutory threshold, indicating location
27 of a cartway and possible damages. He recalled that questions arose previously about the
28 waterway being navigable and after research he believes that it is. Regarding possible
29 damages,he recalled that the question of an existing easement arose. Staff has found that
30 there is a docking easement in place but that doesn't impact this cartway matter. There
31 was an easement referred to in a settlement agreement to allow certain landowners access
32 across the bridge to a docking easement, however,no easement has been recorded so
33 there is no property right established. That brings the matter back to the full request for a
34 cartway. There was also discussion about private vs. public cartway and Mr. Langel said
35 that he understands that the homeowner's association is not interested in giving the
36 required permission for a private cartway so therefore the default is a public cartway.
37 The draft findings do not establish payment for the construction and the ongoing
38 maintenance of the cartway. There are blank areas allowing for the determination of both
39 damages and maintenance. He recalled that the homeowners association submitted
40 proposed damages and the petitioner has stated that he feels that damages would be
41 minimal if any at all. What remains for the council is to review the findings as proposed,
42 approve a location of the cartway and establish any damages. The mayor confirmed that
43 if the cartway is deemed to be public,then anyone could technically use it. The council
44 discussed current use of the private bridge. Mr. Johnson's attorney, Mr. Barnett,
45 discussed his belief that the settlement agreement expresses the granting of an easement
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CITY COUNCIL WORK SESSION September 4, 2012
APPROVED
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.
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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.
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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.
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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.
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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.
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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.
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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
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CITY COUNCIL WORK SESSION September 4, 2012
APPROVED
91 working on those costs. Council Member Rafferty expressed concern about the
�-' 92 percentage that the engineering costs represent. Mr. Grochala explained that sixteen
93 percent is a typical range for engineering but added this project is somewhat atypical with
94 the retrofit involved. The council will want to see the engineering numbers broken down.
95
96 1.5. Can Cage Locations for Recycling/Fundraising—Environmental Coordinator
97 Asleson explained that the city has recently been awarded a grant from Anoka County to
98 enhance recycling activities. A portion of that grant funding will be used to place can
99 cages in certain areas of the city to collect recycling that will raise funds for the
100 community park. Ace Solid Waste has offered to loan the can enclosures (picture
101 distributed). Council Member Roeser has been involved in implementing this project to
102 increase recycling. Mr. Asleson read from the city's zoning ordinance the language that
103 would impact the placement of can cages. Grant funds will also be used for the services
104 of an intern that will work with areas businesses to promote recycling efforts. The can
105 cages will be placed at the fire stations. Council Member Roeser further explained the
106 benefits to the city and the businesses.
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108 The council concurred to proceed with the program.
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110 3. Dominium Housing Proposal Discussion—Economic Development Coordinator
111 Divine recalled that the council recently received a presentation from Dominium
112 representatives for a housing proposal. The council indicated at that time that they
113 would discuss the matter further;no additional information has been gained since the
114 presentation.
115
116 Mayor Reinert indicated that he wanted to give the city council an opportunity to discuss
117 development concepts of interest. He recognizes that Dominium has a good reputation
118 and has been a good landlord at Legacy. He asked the council to discuss what type of
119 housing would be of interest at this time. Council Member O'Donnell asked about the
120 possibility of senior housing and Ms. Divine said that this developer doesn't do senior
121 any longer. The council discussed the definition of"affordable". There was a discussion
122 of density, property taxation and quality of materials. Council Member-O'Donnell
123 suggested he would be interested in further discussion with the developer, especially on
124 the possibility of a townhome development,perhaps single story. The council discussed
125 the timing of the deadline for tax credits. The mayor suggested council members visit the
126 developer website and decide further on directions on interest that can be passed on to the
127 developer who could then look at fmancing possibilities.
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129 Community Development Director Grochala updated the council on discussions with
130 Anoka County regarding the Legacy property and a process that would allow the city to
131 acquire the tax forfeited property.
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133 4. 2013 Budget—Finance Director Rolek reviewed the Budget Gap Option sheet that
134 was forwarded from the last special budget work session. He noted that the city's
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CITY COUNCIL WORK SESSION September 4, 2012
APPROVED
135 maximum levy for 2013 is required to be set by September 15 and he plans to have the
136 matter on the city council agenda for September 10.
137
138 Council Member Stoesz asked if the increase in Parks and Recreation user fees could
139 have an impact program use. Mr. Rolek explained that the proposed increase represents
140 an increase of about $10 per fee, not overwhelming, but he added that each program will
141 be reviewed for ability to absorb an increase and the increase will be instituted program
142 by program. Council Member Roeser suggested that the 2012 Street Maintenance Effort
143 reduction not be included (and that amount be covered by fund surplus) and the council
144 concurred.
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146 Mr. Rolek reviewed the budget items on the September 10, 2012 city council agenda. In
147 addition to setting the city's preliminary levy,the council will be asked to schedule a
148 public hearing on the 2013 budget and to waive a general obligation bond levy that is not
149 needed.
150
151 5. Lake & Main and Birch & Ware Traffic—Council Member Rafferty noted that he's
152 received calls about traffic at these intersections, especially on Friday evenings at Lake
153 and Main. As construction begins on the intersection improvements,the fear is that it
154 will be worse.
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156 Police Chief Swenson explained that his staff has monitored the Lake and Main
157 intersection and found that it is operating as a four-way stop would. While in the past
158 there has been some manual management of the intersection related to I-35W
159 construction, current levels are not that heavy. He doesn't believe there is a traffic safety
160 situation that requires manual management but will continue to monitor as construction
161 begins in the area.
162
163 6. Centennial Fire District—Zodiac Rescue Boat—Administrator Karlson recalled that
164 the council previously pulled the payment authorization for this boat from the expenditure-
165 approval list. The total purchase of the boat was about $400 over the preapproved
166 amount, mainly due to the addition of sales tax. The boat has already been purchased and
167 used so it's a matter of resolving the payment issue. Mayor Reinert recalled that the
168 matter was discussed at a Fire Steering Committee meeting and they approved the
169 expenditure but an additional $400 was required. Council Member Rafferty indicated
170 that he originally raised the concern and he has heard from Chief Streich on the situation
171 who reports that the city isn't authorized to hold up the expenditure. Council Member
172 Rafferty said he still has concerns about an expenditure coming in over a not to exceed
173 amount and he doesn't think it is good business practice. The council reached an
174 understanding that the cost of the boat over$20,000 will be absorbed by the Fire
175 Department budget but the Fire Steering Committee will be advised of the council's
176 concern about costs coming in over budget.
177
178 Mayor Reinert suggested that the council will discuss overall fire department matters at a
179 future work session.
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CITY COUNCIL WORK SESSION September 4, 2012
APPROVED
180
181 7. Review Regular Agenda of September 10, 2012—The council reviewed the agenda
182 and there were no changes.
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184 The meeting was adjourned at 9:10 p.m.
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186 These minutes were considered, corrected and approved at the regular Council meeting held on
187 September 24, 2012.
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190 j
1• uh: e Bartell, City ler Jeff R-in- , Mayor
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