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HomeMy WebLinkAbout03/02/1999 Council Minutes• SPECIAL COUNCIL MEETING MARCH 2, 1999 CITY OF LINO LAKES COUNCIL MINUTES DATE : March 2, 1999 TIME STARTED : 7:10 p.m. TIME ENDED : 8:45 p.m. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden (part) and Mayor Sullivan MEMBERS ABSENT : Council Member Neal Staff members present: City Administrator, Linda Waite Smith and Clerk -Treasurer Marilyn Anderson. The Reshanau Lake Homeowners Association (RLHA)requested the with them to discuss the trail proposals for the north end of Res l nau possibility that the Council would enact eminent domain to sec e the current trail. :ancil meet e arid the ionof the Mary Cox, President of the RLHA opened the meetin provide background on this matter. Mayor Sullivan explained that the to erect a fence to prevent access to goes around the north end Regional Park and by chil Centennial Middle is by the RLHA. Th other recrea concerns and ayor Sullivan to yvare that the RLHA was preparing e north end of Black Duck Drive. The trail e=nd is used by pedestrians to access the either ging to the Rice Lake Elementary School or the trail crosses private property and two (2) outlots owned are used by the RLHA for access to Reshanau Lake and for ores. The Council was told that the fence would reduce liability r1`acy. From the Council point of view, fencing off the trail would limit access to the Regional Park. To avoid this situation, Council considered a proposal to construct an access trail off of Mallard Lane. However, children using the trail to go to school would have further to go and possibly be exposed to some dangers. Council discussions concluded that they had three (3) options: 1. Do nothing. 2. Develop the alternate trail off of Mallard Lane. 3. Initiate eminent domain to gain control of the property that the trail now crosses. Page 1 SPECIAL COUNCIL MEETING MARCH 2, 1999 At the last Council work session, the City Council anticipating possible legal consequences, set a closed meeting to discuss eminent domain procedures. The Council is not prepared to order an eminent domain action at this time but needed legal advice from the City Attorney. There is time to make other decisions. Audience comment; there is a RLHA proposal to maintain the current trail until an alternate trail is completed. Audience question; is the Council considering condemning just the trail or all of the outlots. Mayor Sullivan replied only the trail. One of the abutting property owners stated that he has had only a five (5) minute discussion with Mr. DeGardner. He is willing to discuss the situation further with certain concessions but has never had any discussion with the other abutting homeowner. Mayor Sullivan noted that the other homeowner is not willing to give access, the '1. Council Member Bergeson said he would like to see if there is some•way tp °Serve the trail around the lake at or near its present location. He gave some Sackgrou • concerning how this situation was created. Mayor Sullivan said that as long as some access is preserved through Mallard Lane, she did not see the cost benefit for an eminent domain procedure. Council Member Dahl said she considered eminent domain a last resort. The process is to expensive and causes bad feelings However, she would like to see the current access maintained. She is open to discussion. Council Member Lyden felt that trails have value for everyone. He felt that best practice was to mai inthe current route. He has not made up his mind about eminent domain. Mayor Sullivan stated that she is the only member of the Council to have voted against eminent domain. The second homeowner abutting the current trail explained that he picked his lot because the developer assured him that the outlots were private. He noted that the trail is 30 feet from his living room. He also noted that the outlots were advertised as private lots and buyers were told they were private lots. This homeowner said he has had a number of conversations with Mr. DeGardner. There was discussion about moving the entire trail onto the property of the first homeowner. This would put the trail up against his house. If the developer really planned that this trail should be there, there should not have been an extra lot for another house. He suggested the best option is the Mallard Lane trail. Audience comment; unfortunately about 12 years ago the City did not plan ahead or plan correctly. Now the RLHA is facing people crossing association property and private Page 2 • SPECIAL COUNCIL MEETING MARCH 2, 1999 property. This leaves them open to liability issues. The Council does not understand the situation. The Council should pursue the alternate access through Mallard Lane. The second homeowner said that he can say that there is no access since the land is private property. He felt that unless it is your property, it is easy to say there should be access. The property is private. The easement was drafted saying that the property is not open to the public. This is a rekindled situation. People do not understand that his property meets the first owners property. There is no easement or lane through the outlots. Audience comment; the Council is talking about the "common good" of the community. The Council was asked to value the rights of the property owners first. Audience comment; when I purchased my property I was not told that the trail and outlots were private properties. This homeowner felt that there are legal obligations +a fulfill. The property owners have a legal document that commits to certain things ether=it is right or wrong, they have a legal document. Audience comment; the root of the "blowup" is the fence. All e pathize with the adjoining landowners but there is also a large number of Re • ®le who want to go with the alternate trail location. The discussions should not becometained" with the threat of a fence. Council Member Lyden felt that t take all the time that is necess neighbor against neighbor Audience commen trail. Press nsto be no right or wrong. The Council will e a just decision. He asked that this not become a i is '' nposition on the two (2) lot owners adjoining the current t be placed on them. Mayor Sullivan sat that the Mallard Trail should go forward and she was looking to the RLHA to resolve the current trail situation. There are two (2) property owners in the "hot seat". The seconded lot owner said that he has already agreed to a short term access to the trail without a fence. He has additional insurance coverage to cover any liability issues. He noted that Mr. DeGardner was going to ask the City Attorney if the City could assume some of the liability. Mayor Sullivan explained that the only way that can happen is for the City to assume ownership of the trail. Mayor Sullivan describe the Mallard Lane trail. There are some grant dollars available and the City has submitted an application for funding the new trail location. • Audience comment; children go to the middle school through the current trail and the golf course road. What will happen during the hunting season? Will the Mallard Lane Page 3 SPECIAL COUNCIL MEETING MARCH 2, 1999 trail become particularly dangerous? Mayor Sullivan asked the Police Chief and the Fire Chief this same question and both responded hunting would not be a problem. Audience comment; the Mallard Lane trail would be out in the "boonies" and a child could be abducted. Discussion followed regarding the alignment of the trail off of Mallard Lane. Council Member Bergeson drew the proposed trail on a map. Audience comment; if the fence proposal is to limit access to the current trail, there will be policing concerns. Even if a gate is installed, there will be times when someone forgets to shut the gate. There still remains the need to protect the private property. Audience question; how does the Council feel if a Mallard Lane trail can be constructed closer to where the homes are located and not somewhere out in the Regional Park? Council Member Dahl said that would be feasible if the homeownersfelt it was ;best. She also suggested that if the second homeowner was willing to maintainthe cwnrent trail after the Mallard Lane trail is constructed, there would be two (.2) ways tb get into the Regional Park and two (2) ways to get out of it. Council Member Lyden said that he is nervous about money making the decision in this matter. He is interested in a creative solution:: Mr. Mark Lindblad, a homeowner in R.es ianau Lake Estates said that he would be willing to take people on the natural deer that is' ~closer to the homes than the trail location proposed by Anoka Count Council Member Bergeson expressed concern about having two (2) accesses to theT ` ional Park. Children would take the closest trail and that would not be the pro o dMaflard Lane trail. If another closer location in the Regional Park could be identify, relocating the trail should be investigated. Mayor Sulli . said that she will direct the City Administrator to ask Mr. DeGardner and Mr. Lindbladro take a walk on the deer path. The second homeowner has a right to put up a fence. The City Council can do the easy thing and put in the Mallard Lane trail. The question is what is the next step? Should there be access through the outlots? Council is interested in retaining access and will get legal counsel tomorrow evening however Council does not have to order eminent domain procedures. Audience question: would the City have liability if the City has an easement for the trail in its present location? Mayor Sullivan said yes, however, the City has a $600,000 liability limit so if there was legal action, both adjoining property owners would be involved and possibly the RLHA. Audience comment; everyone understands the liability issue, everyone faces liability. The RLHA is under an obligation to put up the fence. If the City takes issue, what happens to the fence? Page 4 • • SPECIAL COUNCIL MEETING MARCH 2,1999 Audience comment; an article should be written in the Quad Press explaining that this situation is not the fault of the RLHA. Mayor Sullivan said that this viewpoint could be communicated but not necessarily in the Quad Press. Everyone may not read the Quad Press for whatever reason. It is important that this area be notified in a manner the would get the message to them directly, possibly by a flyer. Further questions included; When would the Mallard Lane trail be completed? In a year or two (2). Does the City know haw far the Mallard Lane trail would be from the back yards and will it promote criminal activities? Mr. Lindblad said he is unable to see the rear of the homes when he walks that area. Information on criminal activity could be included in the flyer. Audience comment; Council should make a decision in this matter. bas l on w at is best for the entire community, not what is best for the RLHA. Mayor Sullivan outlined steps that the Council will pursue 1. The Council will not proceed with eminent domain but will meet with the City Attorney in a closed session to discuss the eminent domain process. 2. The City will pursue grant funding for the Mallard Lane trail. 3. Mr. DeGardnerwill walk the d` r path with Mr. Lindblad. 4. The RLHA continue with their discussions. The RLHA will provide a responseto th ouncil regarding their position or suggestions within 90 days from his e ing. 5. The City will notify the RLHA and the surrounding community about the results of Mr. DeGardners and Mr. Lindblads walk and their discussions. The communication will include a statement from the Police Department regarding safety and the City's responsibility for not maintaining the original trail easement. Audience comment; when you buy property you are expecting a certain life style. Audience comment; this has always been an access. Council Member Bergeson explained that nobody realized that the property was private property. Audience comment; concern about Council Member Bergeson's comment regarding that • there may be a need for eminent domain. Page 5 SPECIAL COUNCIL MEETING MARCH 2, 1999 Audience comment; afraid that the Mallard Lane access will not be used and the RLHA will have to put up the fence. Then the RLHA will get the "black eye". Mr. Lindblad explained that communications broke down. He asked that the community set aside their differences and strongly requested that an article be written in a community building setting. The Council left the meeting at 8:45 p.m. The RLHA continued their discussion. These minutes were considered, corrected and approved at a - tular meeting of the City Council on May 10, 1999. Printed 5/13/99 Page 6