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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, July 9, 2007 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />PUBLIC HEARING – 7:05 P.M. <br /> <br />4. DAKOTA RAIL CORRIDOR DRIVEWAY EASEMENT – ASSESSMENT HEARING <br /> <br />Mayor White opened the public hearing at 7:08 p.m. <br /> <br />Moorse stated tonight is the assessment hearing for the seven properties located on Crystal Bay Road that <br />have access to their properties from a driveway at the rear of their properties. The driveway is on the <br />Dakota Rail Corridor right-of-way, which is owned by the Hennepin County Regional Railroad <br />Authority. The HCRRA has agreed to provide an easement for the driveway to the City at a cost of <br />$84,875. This cost would be assessed to the benefiting property owners over a 15-year period. <br /> <br />Gaffron illustrated on the overhead the location of the driveway along the Dakota Rail Corridor. <br /> <br />White inquired whether there are any structures that lie within the easement area. <br /> <br />Gaffron stated there are some structures that could possibly extend right up to the corridor but that he is <br />not aware of any structures that are actually located within the right-of-way. <br /> <br />Bill Wolfe, 3255 Crystal Bay Road, stated he has resided on his property for approximately 40 years and <br />that the road was existing at the time he purchased the property. Wolfe stated in his opinion this is a <br />reasonable solution to the problem and encouraged the City Council to adopt the resolution. <br /> <br />Mark Prueter, 3215 Crystal Bay Road, stated he has resided on his property for 15 years and that they <br />have used this driveway during that entire time. Prueter inquired whether the City has investigated the <br />right of adverse possession. Prueter noted at the time his neighbor rebuilt his garage a few years ago, he <br />was given permission to construct the garage off of the roadway. Prueter questioned how the City of <br />Orono could have provided a permit for the garage if the property owners did not have legal access to the <br />roadway. Prueter stated he would like to see the City contribute to the cost of the easement since many of <br />the affected homes were built with the idea that they had legal access via the roadway. <br /> <br />Mattick stated as it relates to adverse possession, in Minnesota a public or private entity or individual <br />cannot have adverse possession of government-owned property regardless of the use the property has <br />been put to. Mattick stated he is not totally familiar with the City’s permit review that is done at the time <br />of an application, but that to his understanding the City does not do a thorough review at the time a <br />building permit is issued to determine who has rights to the driveway or road. <br /> <br />Prueter inquired whether there would be some responsibility on the part of Orono to do such a review <br />prior to granting a permit. <br /> <br />Mattick stated he is not sure where the responsibility would lie on that. Mattick stated the primary focus <br />of the application would have been to look at the structure and the City typically would not do a title <br />search on what appears to be a public road that has existed for a number of years. <br /> <br />White noted there is an alternate corridor that could be utilized in the event the Dakota Rail ever decides <br />to use the easement at some point in the future. <br /> <br />Mayor White closed the public hearing at 7:18 p.m. <br />PAGE 2 of 15 <br /> <br />Item #02 - CC Agenda - 07/23/07 <br />Approval of Counil Minutes April 9, 2007 [2 of 15]