Laserfiche WebLink
ORONO CITY COUNCIL MEETING <br />MINUTES FOR NOVEMBER 8, 1999 <br />( #17, Access Alternatives for 4545 Wayzata Boulevard, Continued) <br />Moorse stated at a previous meeting the City Council had requested the City Attorney review this <br />matter. Moorse indicated that City Staff has been attempting to work with the property owner on this <br />issue, but at this time the City Attorney does not have sufficient information to make a determination <br />regarding the legal validity of the cartway easement. <br />City Staff is recommending that access to Townline Road be obtained through two parcels located in <br />Medina, which would eliminate an at -grade railroad crossing and a substandard access point to <br />Highway 12. <br />Jane Slaughter, 4545 Wayzata Boulevard, indicated that MN /Dot has offered some financial <br />assistance for an access road. <br />Mayor Jabbour stated it was his understanding MN /Dot would pave the road if a right -of -way is <br />acquired. <br />Slaughter remarked that it was not her understanding that MN /Dot would pave the road but rather <br />would help engineer and construct the road. <br />Brad Beisel, Attorney -at -Law, stated he represents the Slaughter and Rudd families in this matter. <br />Beisel noted that Townline Road is being permanently closed off at one end as part of the <br />improvements to Highway 12. As part of the proposed improvements to Highway 12, MN /Dot is <br />considering construction of a frontage road to the south of the railroad right -of -way connecting <br />Townline Road to the Rudd property, which would then be the new access road for the Rudds, • <br />Fraizers, Slaughters and Hickeys. Beisel indicated that this would be an acceptable solution to the <br />access problem and is supported by the Slaughters. <br />Beisel stated that presently a lawsuit exists concerning another possible access route via <br />property owned by Mr. and Mrs. Theis, with evidence having been found that the City of Orono <br />created a public cartway in 1912 over this other access route. Beisel commented that the City of <br />Orono may need to become involved in this litigation in order to determine whether there really is a <br />public cartway over Orono property. Beisel indicated that this issue will become moot if access <br />over the proposed new service road is established. <br />Mayor Jabbour stated originally the City was requested to join the Slaughters in litigation to ensure <br />that the cartway access is established, which is different from what is being requested tonight. <br />Beisel stated that they are attempting to look at the other option available here. <br />Mayor Jabbour commented that the Theis' have requested the City not take an adversarial <br />position in their lawsuit. <br />Slaughter stated that they would like the cartway to be recognized by Orono. <br />Kelley commented in his view the City should support the frontage road concept and that <br />City Staff should proceed with discussions with the parties involved to try to resolve this issue. <br />Mayor Jabbour inquired what exactly the City is prepared to do in this matter, noting that the <br />costs incurred by the City would need to be assessed back to the property owners. <br />Kelley stated that the neighbors will need to determine how the road will be extended, with the 0 <br />Page 6 <br />