10-10-2005 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. r (Hennepin County Regional Railroad Authority, Continued) A brief video was shown illustrating portions of the Dakota Rail Corridor and the increasing number of encroachments into the right -of -way. The Hennepin County Board formed the HCRRA in 1980 and its mission is to acquire abandoned railroad corridors and preserve them for future transportation uses. HCRRA is one of several agencies within Minnesota that was established to preserve rail corridors and its policy must be updated to clearly identify what interim uses are or are not acceptable. An unauthorized use means that an adjacent property owner is using the Railroad Authority's property without permission and without a written agreement. The HCRRA assists the state of Minnesota in transit planning, preliminary engineering, and community participation, but its primary role is to continue to acquire railroad corridors for future transportation uses. The HCRRA first purchased in 1981 a 15 -mile corridor from Hopkins to Victoria, and the Railroad Authority has since acquired a number of other corridors. The Railroad Authority currently owns 57 miles of rail corridor, 11 park and ride sites, and three depot buildings. It was noted that many recreational trails along the corridors have been constructed as interim uses. The Railroad Authority cannot, by statute, construct or operate recreational trails. The trails that are currently in existence along the corridors have been constructed by park agencies. The trail corridor is typically 100 feet wide, with the actual trail being 16 feet wide. The park agency is responsible for maintaining the trail and the • HCRRA is responsible for maintaining the remainder of the corridor. Hennepin County Regional Authority's current policy states very clearly that unauthorized uses are not allowed. These private uses must either be terminated or formalized through a written agreement with the Railroad Authority. The lease agreements grant exclusive rights to the adjacent property owners to use the corridor for specified purposes and for a specified time period. Depending on the terms of the agreement, property owners have been permitted in the past to add structural improvements such as fences and pavement. It was noted that rent is charged to the property owner for the exclusive use of the land. Many of the agreements have been assumed from the railroads by the HCRRA and have been allowed to continue. Another way that the HCRRA allows approved uses is through a landscape permit. Current landscape permits allow a property owner to beautify the area with plantings, but the property owner is not allowed to erect fences, mow grass, install pavement or park cars, and the permitted area must be open to the public. A one -time fee is charged for a landscape permit. Wilda indicated unauthorized uses are increasing. In addition, new residential development has created more properties along the corridors and more uses are being added. Signs have been erected delineating the corridors. Unauthorized uses create issues with enforceability, liability, aesthetics, and other issues. The Railroad Authority's policy regarding unauthorized uses is being reviewed. Written agreement for approved uses designate who is responsible when problems occur. The Authority's goal is to establish clear guidelines to eliminate unauthorized uses in a fair manner. The Authority is also looking at whether a landscaping plan should be implemented along the various • corridors. PAGE 2