08-25-1997 Council Packet - Laserfiche WebLink

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II REQUEST FOR COUNCIL ACTION •% c N %u. DATE: August 25. 1997 ITEM NO.: / ^ Department Approval: Name Gregory A. Gappa Thie Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Driveway at 165 Bederwood Road This issue involves the replacement of a biniminous driveway for the residence at 165 Bederwood Road removed during construction for the Stubbs Bay sanitary sewer project. This driveway is located on the DNR Right of Way for the Luce Line Trail. The only access to the front of the house is across ihe Luce Line Right of Way. An alternative driveway access from Stubbs Bay Road would be very difficult and costly and entail the removal of many trees. The DNR purchased this trail Right of Way in 1972 from a railroad company. The bituminous paved driveway on the Right of Way predates the DNR purchase of this land by many years. In 1992 the Stubbs Bay sanitary sewer project was completed. As part of this project, sewer service was provided to this residence. Installation of the sanitary sewer required removal of the paved driveway. After sewer installation, a gravel driveway was replaced in the same location. Replacement of the bituminous surface was not allowed because the driveway was located on the Right of Way for the DNR Luce Line Trail. A permit was obtained by the City for installation of the sewer on the DNR Right of Way, but the DNR would not allow replacement of the driveway pavement under the permit. The property owners are requesting that they be provided with a paved driveway similar to the driveway that existed before the sanitary sewer project in 1992. The current aggregate surface driveway is in poor condition and is a continual maintenance problem. Since 1992, several meetings have been held to discuss this situation, but no resolution of the problem has been accomplished. The property owners are frustrated with the continual delays in resolving this situation. An agreement has been reached with the DNR that would allow restoration of the driveway to the existing paved condition. This would involve the granting of a long term lease from the DNR to the Terp's to allow replacement of the driveway on DNR land. In order for the DNR to grant a lease, acceptable mitigation measures must to taken to offset the value of granting the lease. The proposed solution for mitigation is to move the driveway further from the trail and to provide a berm to provide screening between the driveway and house and trail. The landowners are willing to plant trees and other landscaping along the berm as their contribution to this solution. The City's contribution would involve relocation and paving of the driveway. The driveway relocation could be accomplished by the City public works personnel. The estimated cost for the