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REQUEST FOR COUNCIL ACTION <br /><?OtWCIL MEETING <br />NOV a 1999 <br />DATE; Nov0nl|eo^,cJ^2^Q <br />ITEM NO: / 7 <br />Department Approval: <br />Name RonMoorsc <br />Title City Administrator <br />Administrator Reviewed:Agenda Section: <br />City Administrator's <br />Report <br />Item Description: Access Alternatives for 4545 Wayzata Boulevard <br />Attachment: Map Showing the Properties Affected <br />Jane Slaughter, who lives at 4545 Wayzata Boulevard, which is between County Road 6 and <br />Townline Road in western Orono, has requested the City's assistance in establishing a permanent <br />legal access from her property to a public roadway. Her current access to a public roadway is via <br />a driveway that crosses a neighboring property and the Burlington Northem-Santa Fe Railroad <br />tracks to get to Highway 12. It is not clear whether this access is a permanent legal access. The <br />legal issue regarding this access relates to the validity of a historical cartway easement. Ms. <br />Slaughter is currently involved in a legal process regarding this cartway easement. The City <br />Attorney has indicated he does not have sufficient information to make a determination regarding <br />the legal validity of the cartway easement at this time. <br />Alternative Access Potion <br />It appears that an alternative access option may be available for the Slaughter property, as well as <br />several other properties that use the railroad crossing As part of an agreement between Mn/DOT <br />and the City of Medina regarding the closure of 1 ownline Road, Mn/DOT has indicated it would <br />construct an access drive from Townline Road to serve the properties that currently access Highway <br />12 across the Burlington Northern-Santa Fe Railroad. This commitment is subject to the cities <br />involved providing the necessary right-of-way for the access drive. Also, as a condition of frmding <br />the access drive, the existing access to Highway 12 would be closed. Mn/DOT's commitment is to <br />construct the access drive as part of the project to reconstruct the Highway 12/County Road 29 <br />intersection, which is scheduled for 2002. <br />Right-of-Wav for Access Drive <br />The City of Medina has had discussions with the owners of the two parcels through which the access <br />drive would be built. Both have indicated a willingness to work with the City to provide the <br />necessary easement. The Medina Public Works Director has indicated he will contact both of these <br />property owners prior to the Council meeting so that we have up-to-date information regarding their <br />positions concerning the access drive easement. <br />It is staffs recommendation that the preferred access option is the access drive to Townline Road. <br />This would eliminate an at-grade railroad crossing and a substandard access point to Highway 12. <br />It would also eliminate the need for any legal action regarding the current access Staff also <br />recommends the City of Orono work closely with the City of Medina, Mn/DOT, and the affected <br />property owners to work out the various elements required for the construction of the access drive. <br />COUNCIL ACTION REQUESTED; <br />Motion to provide direction for staffs efforts to assist in resolving the access issues of the Slaughters <br />and the other property owners who currently use the access to Highway 12 across the railroad tracks.