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HomeMy WebLinkAbout09-04-2012 Council Minutes CITY COUNCIL WORK SESSION September 4, 2012 APPROVED CITY OF LINO LAKES 2 MINUTES 3 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 10 11 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. 16 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. 24 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 1 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. 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 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. 107 108 The council concurred to proceed with the program. 109 110 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. 128 129 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. 132 133 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 3 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. 145 146 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. 155 156 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. 4 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. 183 184 The meeting was adjourned at 9:10 p.m. 185 186 These minutes were considered, corrected and approved at the regular Council meeting held on 187 September 24, 2012. 188 189 190 j 1• uh: e Bartell, City ler Jeff R-in- , Mayor 193 5