Agenda - Council - 10/26/2021 - Laserfiche WebLink

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City Engineer Westby stated after tonight's meeting, he will notify the petitioner of the Council's decision and provide a copy of the executed resolution so they can serve the required notice. He explained that if the petitioner does not provide the required notice, it may result in delaying the public hearing to a future date. City Engineer Westby stated the petitioner is responsible for any damages, including costs for professional services and purchase of the easement, if required, prior to opening the cartway. He noted the draft resolution requires the petitioner to provide a $20,000 cash escrow to the City prior to holding the public hearing. Any unused escrow would be returned to the petitioner. City Engineer Westby displayed a map depicting cartway route alternatives, reviewed rationale for staff' s recommendation through Shawn Acres Park, and the wetland boundary mapping from the Anoka Conversation District. He stated the petitioners have indicated they understand all of the requirements, cost obligations, requirement to serve notice, and do not object to staff s recommendation. City Engineer Westby presented revisions to the draft resolution as recommended by the City Attorney to delete paragraph four and add wording to the first sentence of paragraph six to say the judicial review is related to damages, needs, and purpose if the cartway is established. He reviewed the actions before the Council. Councilmember Musgrove inquired about the request of funds and if the City will incur any costs. City Engineer Westby explained all of the costs associated with this cartway petition, including what staff has put forth thus far, can be charged to the petitioner. This is why the up -front $20,000 escrow is recommended. Councilmember Riley noted the petitioner had petitioned specifically for a cartway but staff is suggesting an alternate route, to which the petitioner has agreed. He asked whether the petitioner needs to submit a revised petition. City Engineer Westby stated they do not need to re -petition as it is within the City's right to choose a different route if in the public's best interest. Councilmember Riley pointed out that the resolution lists two different routes. City Engineer Westby explained the action before the Council is to adopt the resolution with the two routes listed, notice will be served to impacted property owners, the public hearing will be held, and after that the Council will be asked to approve a cartway route. Councilmember Woestehoff asked if only affected property owners receive notice or all those within 200 feet. City Engineer Westby stated the City Attorney's direction to staff was that the only order to be served by the petitioner is to affected land owners, which would be for property the cartway would City Council / October 12, 2021 Page 5 of 7