The URL can be used to link to this page

Home My WebLink About10-08-2012 Council Minutes COUNCIL MINUTES October 8, 2012 APPROVED 1 CITY OF LINO LAKES MINUTES 3 4 DATE : October 8,2012 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 8:05 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; City Attorney Joseph Langel; City Engineer Jason Wedel; Chief of Police John Swenson; 13 and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one addressed the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 23 SPECIAL PRESENTATION 25 Charter Amendment Update—Community Development Director Grochala offered information on 26 the charter amendment that will appear on the November 6,2012 ballot. He stressed that city 27 residents should get informed about the amendment that involves how the city deals with public 28 improvements. He noted that information is available on the city Website and at a kiosk at city hall. 29 One question often asked is what is the history on this topic. He noted a report done by a citizen task 30 force in 2008 that makes recommendations on improving the public improvement process. The 31 amendment on the ballot in November is essentially the ordinance recommended by the task force 32 with a couple changes, one being adding a reverse referendum that would bring a question to the 33 voters. He compared the proposed public improvement process to the current process. 34 35 Council Member Roeser confirmed that it was a citizen group that originally brought the changes 36 forward, not the city council. Also he noted that the amendment would be a continuation of this 37 council's efforts to reduce government. 38 39 Mayor Reinert offered the following points: 40 - This proposal is about city roadways, not those under the jursidiction the county or state; 41 - The process is not about maintenance of roadways,but when a road requires reconstruction; 42 - In most cities,the city council makes the decision and everyone is billed for the work. But 30 43 years ago,this city made a different choice recognizing that an increase in property value may 44 occur and he agrees with that different choice. However, since that other choice was decided, 1 COUNCIL MINUTES October 8, 2012 APPROVED 45 only one road has been reconstructed in this city; others have been brought forward for 6 consideration but have failed; '"47 - It costs money to put forward plans for road construction; for instance a feasibility study is 48 necessary, and if the plans don't proceed,the expense of that study falls to the city; 49 - Mainly this changes the way that people decide how their own street will be treated; 50 - The amendment addresses the problem of scope, allowing the people getting the 51 improvements to vote on what will be done (water, sewer,roadway or a combination). 52 53 He added that the proposed process will still allow for a city wide vote if that is called for. The 54 bottom line is that the city has to get to a point where there is a process that works to get necessary 55 road work done. 56 57 CONSENT AGENDA 58 59 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1D. Council 60 Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. 61 62 ITEM ACTION 63 64 Consideration of Expenditures: 65 66 October 8, 2012 (Check No. 94224- 67 94428, $160,903.11) Approved L168 69 Centennial Fire District(Check No. 5514- 70 5538, $41,145.16) Approved 71 72 September 24, 2012 Council Work Session 73 Minutes Approved 74 75 September 24, 2012 City Council Meeting 76 Minutes Approved 77 78 September 24, 2012 Special Work Session Minutes Approved 79 80 FINANCE DEPARTMENT REPORT 81 82 There was no report from the Finance Department. 83 84 ADMINISTRATION DEPARTMENT REPORT 85 86 3A) Adoption of Minnesota Snow and Ice Control Handbook—Administrator Karlson noted that 87 in July the council approved an agreement with the Rice Creek Watershed District and in order to 88 qualify for the grant funds associated with that agreement,the city must adopt the associated 2 COUNCIL MINUTES October 8, 2012 APPROVED 89 Minnesota Snow and Ice Control Handbook. He noted that staff has already been trained with the L.20 handbook. 91 92 Council Member O'Donnell moved to approve adoption of the Handbook as submitted. Council 93 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 94 95 PUBLIC SAFETY DEPARTMENT REPORT 96 97 There was no report from the Public Safety Department. 98 99 PUBLIC SERVICES DEPARTMENT REPORT 100 101 There was no report from the Public Services Department. 102 103 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 104 105 6A) Consideration of Resolution No. 12-59,Establishing Cartway—Community Development 106 Director Grochala noted the resolution before the council that would provide for establishment of a 107 cartway on Otter Lake Drive. This process has been on-going, with a public hearing held by the 108 council in July and discussions at various council meetings. 109 110 City Attorney Langel reviewed the resolution and cartway process. The petition submitted by Adam 11 Johnson(the"Petitioner")requests a cartway between parcels of his land, over a private road and a L.112 bridge that is owned by a homeowners' association(the"HOA"). The city council is responsible for 113 deciding if the statutory requirements for establishing a cartway are met, deciding on the location of 114 the cartway and determining damages to the owner of the land. The city has received information 115 from the involved parties. Staff feels that the threshold for establishing the cartway has been met. 116 On the question of location,the existing roadway and bridge are the most sensible location(the 117 survey of the proposed cartway was submitted by Petitioner and included in the staff letter). On the 118 question of damages, Mr. Langel noted that both parties submitted information. There is a wide 119 divergence between the two sides on the amount of damages. Staff has put forth in the report one 120 proposed means of determining damages; it is not the only way to make that determination. The 121 Petitioner has to pay damages and construction costs for the cartway. Mr. Langel also noted that the 122 cartway width would be the width of the roadway and the cartway cannot be utilized until all damages 123 have been paid. The resolution submitted to the council now contains the points mentioned this 124 evening and also some blanks for council consideration. On the question of ongoing maintenance, 125 the council is additionally responsible for determining the costs and a formula is proposed. 126 127 The mayor remarked that it appears that the majority of the council has determined that the cartway is 128 allowed under state law. On the matter of damages, Attorney Langel explained in terms the 129 recommendation of the HOA ($748,000) and the recommendation of the Petitioner($1,343.38). The 130 HOA estimate includes three areas of damages:to the land itself(the entirety of Outlot A),to the 131 roadway/bridge, and severance. Mr. Langel noted that his issues of concern about the HOA estimate 132 are mainly on the basis that they used the entirety of the Outlot for the calculations and that severance L. 133 wouldn't apply in this case. Staff's suggestion(and not the only option) is that the council look at 3 COUNCIL MINUTES October 8, 2012 APPROVED 134 Petitioner's portion of the land,the bridge and the roadway to extent that he will utilize them. With that basis for calculation,the damages would come to approximately$52,000. Maintenance costs 136 would be beyond the calculation of damages. He explained that the HOA has reported that 137 maintenance costs are not the same every year and there are costs to plan for in the future. The 138 resolution reflects the option that Petitioner would pay 1/6 of the cost of maintenance of the bridge 139 and 1/6 of 12 percent for the roadway. 140 141 Council Member Roeser asked how Mr. Johnson would receive information about maintenance since 142 he would not be a member of the HOA. Attorney Langel explained that damages and future costs 143 would be a private matter between the HOA and Mr. Johnson and he could specify that in the action. 144 145 Council Member O'Donnell clarified that the cartway would,by default, be established as a public 146 cartway but that the HOA could request the council to accept it as a private cartway by resolution. 147 148 Attorney Joe Barnett, on behalf of Petitioner Adam Johnson, addressed the council. He pointed out 149 that it is clear that the threshold for establishing the cartway is met. Mr. Johnson is concerned that, in 150 determining damages,the council should clearly understand that his use of the roadway and bridge 151 will just be access and he will have no ownership rights. The damage estimate offered by Mr. 152 Johnson represents that best. He won't be causing a burden to the HOA. 153 154 Mark Smith, HOA member,told the council that he believes the professional appraisal of damages 155 submitted by the HOA represents best, or even under, a fair assessment of the damages. He believes '56 that the Petitioner should be able to move across the bridge and then directly down to his property- Ll57 that would be less use of the roadway. Mr. Smith also pointed out that the roadway also has a storm 158 drain element that was very expensive; he's not certain that is being taken into consideration. Also 159 how would enforcement be handled? Attorney Langel responded that the damage amount determined 160 by the council would eventually become a judgment and would be enforceable as such. 161 162 The council discussed establishment of the cartway and the following elements: 163 - The threshold for a cartway is there; 164 - The private bridge and roadway involved are quite expensive; 165 - The suggestions for the amount of damages range from $1,800 to more than $700,000; the 166 attorney is presenting a damage suggestion between those two; 167 - A question of drainage infrastructure and how it may serve the Petitioner's property has been 168 raised; 169 - A suggestion has been raised to shorten the cartway to the end of the bridge but it's unclear if 170 that is topographically possible; would a shortened cartway mean lower maintenance cost; 171 - Use of the property may be discussed but not as part of establishment of the cartway; 172 173 Some council members indicated that they still have questions about establishment of the cartway. 174 The council concurred that a special meeting would be held on October 15, 2012 at the site of the 175 proposed cartway and bridge. 176 177 Council Member Roeser indicated that he sent information to the city administrator including an ,178 alternative for this situation. He asked that staff share that information with the council. 4 COUNCIL MINUTES October 8, 2012 APPROVED 179 'to Council Member Rafferty moved to postpone consideration of this agenda item to the next work -r>t 1 session on October 22, 2012. Council Member Roeser seconded the motion. Motion carried on a 182 unanimous voice vote. 183 184 6B) Consideration of Resolution No. 12-103,Approving the final payment for sealcoat striping 185 —City Engineer Wedel explained that the resolution authorizes for the separated portion of the 186 sealcoat project that provides for striping. He explained the costs and savings involved in separating 187 this element. 188 189 Council Member O'Donnell moved to approve Resolution No. 12-103 as presented. Council 190 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 191 192 UNFINISHED BUSINESS 193 194 There was no Unfinished Business. 195 196 NEW BUSINESS 197 198 There was no New Business. 199 200 COMMUNITY CALENDAR --�01 L J2 Community Calendar—A Look Ahead 203 October 8,2012 through October 22,2012 204 205 45, Monday, October 22 5:30 pm, Community Room Council Work Session 206 Monday, October 22 6:30 pm, Council Chambers City Council Meeting 207 20$ COMMUNITY EVENTS 209 210 Gobbler Games at Centennial Middle School on November 3, 10:00 a.m. to Noon—This Free 211 family event is sponsored by the Lino Lakes Parks and Recreation Department. The event consists of 212 low-key competition in a variety of athletic events,pairing up children(ages 4-14)with adults. 213 Refreshments will be available to enjoy after completion of the events. This is a free event and no 214 pre-registration is required. 215 216 Lino Lakes Recycling Saturday, October 20, 10:00 a.m. to 2:00 p.m.,Lino Park, 7850 Lake 217 Drive. Recycling Day in Lino Lakes is now every third Saturday-Join residents in dropping off 218 items such as electronics,tires, batteries, household goods and computers. For more information, 219 contact city hall at 651-982-2424. This is part of an effort to expand our city's residential and 220 business recycling—"LINO LAKES RECYCLES AT HOME, AT WORK AND ON THE GO!" 221 222 ''23 5 COUNCIL MINUTES October 8, 2012 APPROVED 224 ADJOURN ` �5 226 There being no further business, Council Member Rafferty moved to adjourn at 8:05 p.m. Council 227 Member Roeser seconded the motion. Motion carried unanimously. 228 229 These minutes were considered and approved at the regular Council ►A -- '.•_ :• October 22 2012. 230 231 232 aloo 2,i l Gum A 234 u 1.4 e Bartell, City lerk Jeff Rei'e , ayor 235 6