request for council action/dakota trail easement

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' /tem#04-CC Agenda-07/09/07 Dakota Rail Corridor Driveway Easement-Assessment Nearing[Page 1 of 19J REQUEST FOR COUNCIL ACTION �?ATE: July S, 2007 ITEM N�: �t 1 Degartment Approval: Administrator Reviewed: Agenda �ection: Name Ronald J.Moorse City Administrator's Report Tifle City Administrator Item Description : Assessment Heari for Dakota Rail Driveway Easernent-Resolution Seven properties on Crystal Bay Road have access to their properties from a driveway at the rea.r of their properties. The driveway is an the Dakota Rail Corridor right-of way, which is owned by the Hennepin County Regional Railroad Authority. (HCRRA). The HCRRA has agreed to provide an easement for the driveway to the City at a cost of$84,875. This cost would be assessed to the benefiting property owners over a 1 S year period. The property owners are aware of the need for the easement and the cost of the easement. An assessment hearing is needed to provide an opp�rtunity far public comment prior to making a decision regarding the adoption of the assessment. Assessment Hearing The Mayor opens the assessment hearing and invites questions and comments from the public. After the opportunity for public comment, the Mayor closes the assessment hearing. Assessment Appeal Procedure If a property owner wants to appeal the assessment, a notice of intent ta appeal the assessrnent must be filed with the Ciry Clerk prior to the hearing or presented to the Mayor at the assessment hearing. An appeal must then be filed with the District Court within thirty days after the assessment hearing. Staff Recommendation The staff recommendation is that,if no written natices of an assessment appeal are submitted to the City at or prior to the assessment hearing, the attached resalution adopting the assessment be approved. If any written assessment appeals are received,further discussion by the Council is recommended. If the assessment is adopted,the Council should also approve the attached easement agreement with the Hennepin County Regional Railroad Authority. COUNCIL ACTION REQUESTED Motion to adopt a resolution adapting the proposed assessment for the Dalcata Rail Driveway Easement to serve properties on Crystal Bay Road. Motion to approve the acquisitian of the driveway easement from the Hennepin County Regional Railroad Authority at a cost of$84,875.