07-09-2007 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. PUBLIC HEARING — 7:05 P.M. , 4. DAKOTA RAIL CORRIDOR DRIVEWAY EASEMENT — ASSESSMENT HEARING Mayor White opened the public hearing at 7:08 p.m. Moorse stated tonight is the assessment hearing for the seven properties located on Crystal Bay Road that have access to their properties from a driveway at the rear of their properties. The driveway is on the Dakota Rail Corridor right -of -way, which is owned by the Hennepin County Regional Railroad Authority. 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 15 -year period. Gaffron illustrated on the overhead the location of the driveway along the Dakota Rail Corridor. White inquired whether there are any structures that lie within the easement area. Gaffron stated there are some structures that could possibly extend right up to the corridor but that he is not aware of any structures that are actually located within the right -of -way. Bill Wolfe, 3255 Crystal Bay Road, stated he has resided on his property for approximately 40 years and that the road was existing at the time he purchased the property. Wolfe stated in his opinion this is a reasonable solution to the problem and encouraged the City Council to adopt the resolution. is Mark Prueter, 3215 Crystal Bay Road, stated he has resided on his property for 15 years and that they • have used this driveway during that entire time. Prueter inquired whether the City has investigated the right of adverse possession. Prueter noted at the time his neighbor rebuilt his garage a few years ago, he was given permission to construct the garage off of the roadway. Prueter questioned how the City of Orono could have provided a permit for the garage if the property owners did not have legal access to the roadway. Prueter stated he would like to see the City contribute to the cost of the easement since many of the affected homes were built with the idea that they had legal access via the roadway. Mattick stated as it relates to adverse possession, in Minnesota a public or private entity or individual cannot have adverse possession of government -owned property regardless of the use the property has been put to. Mattick stated he is not totally familiar with the City's permit review that is done at the time of an application, but that to his understanding the City does not do a thorough review at the time a building permit is issued to determine who has rights to the driveway or road. Prueter inquired whether there would be some responsibility on the part of Orono to do such a review prior to granting a permit. Mattick stated he is not sure where the responsibility would lie on that. Mattick stated the primary focus of the application would have been to look at the structure and the City typically would not do a title search on what appears to be a public road that has existed for a number of years. White noted there is an alternate corridor that could be utilized in the event the Dakota Rail ever decides to use the easement at some point in the future. Mayor White closed the public hearing at 7:18 p.m. PAGE 2 of 15 • t�