HomeMy WebLinkAbout04-23-1997 Letter re Luce Line Right of Wayi rLt'f F i-V 16:
CITYofORONO
Miinkipal OfTIccs
Street Address:
2750 Kelley Parkway
Ofono. MN 55356
Mailing Address:
P.O. Boi 66
Crystal Bay. MN 55323 0066
April 23. 1997
Martha J. Roger
MN Depaninent of Natural Resources
9925 Valley \'iew Road
liden Prairie MN 55344
Dear Ms. Reger;
The purpose of this letter is to provide a brief history of this issue and to summarize the meeting
held Friday, April 4 at 165 Bederwood Road. Persons attending this meeting were Martha Reger and
Dick Schmidt. DNR 1 rials & Walcnvays: George and Laurie Terp. property owners at 165
Bedersvood Road; Greg Gappa and Jack Urinkhaus. City of Orono.
The purpose of this moolitjg was to discuss the restoration of the driveway serving tiiis residence.
'Hie driveway and a portion of the garage are located on the DNR Right of W’ay for the Luce Line
Trail. The DNR purchased this trail Right of W ay in 1972 from a railroad compajiy. The bituminous
paved driveway and garage on the Right of Way predate the DNR purchase of this land. In 1992 the
Citv of Orono completed the Stubbs Bay sanitarv sewer project. .As part of this project, sewer service
was provided to this residence. Installation of the .sanitarv sewer required removal of the paved
drivewav. After sewer installation, a gravel drivewav was replaced in the .same location.
Replacement of the bituminous surface vvas not alK>wed because the driv eway was located on the
Right of W'ay for the D.NR Luce Line Trail.
fhe property owners are requesting that they be provided with a paved driveway similar to the
driveway that cxi.stcd before the sanitary sewer project in 1992. The current aggregate surface
driveway is in poor condition and is a continual maintenance problem. Since 1992, several meetings
have been held to discuss this situation, but no resolutirin of tlie problem has been accomplished.
The properly owners are frustrated with the continual delays in resolv ing this situation.
According to the DNR. federal park funds were used for the purchase of the trail Right of W'ay; so
any permanent land transfers require approval by the US Park Serv ice, fhe policy of the Park
Sen ice is that any lo.ss of trail property needs to be mitigated, by the DNR acquiring additional trail
property. This is a v ery lime consuming and comple.x proce.s.v. and there are no guarantees that any
transfers will be approved by the Park Service.
Td«pboiie (612) 473-7357 • FAX 473-0510
The possible transfer of a City owned parking lot at llic intersection of McCulIey Road and the Luce
Line Trail to the DNR for mitigation purposes was previously discussed. 1 he City of Orono uses
this parking lot for winter snow storage and is not interested in the transfer of this property to the
DNR for mitigation purposes. This is the only site we have for snow storage and finding of other
usable sites would be a costly and difficult process for the City.
The option of the DNR providing a long tenn lease to the feriVs allow ing for the continued location
of their driveway on the DNR property was suggested by Martha Reger. A lease would not be a
permanent transfer of land, so Park Service approval would not be required.
The option of moving the driveway further away from the trail and the construction of a berm to
shield the driv ew ay from the trail w as discussed. Tlie Terp’s w ill sketch a plan of the new drivew ay
and berm location. 1 he City and DNR will provide maps of the project area. The property owners
arc willing to install landscaping on the berm to provide screening. The City will construct the new-
paved driveway and berm. This relocated driveway will lessen the impact of the driveway on the
Luce Line lYail property and provide mitigation for the provision of a lease. Their may be some
costs associated with a lease. However, the relocated driveway would provide mitigation that could
olTset any required fees.
Ihc concept of relocating the driveway to minimize impacts and the granting of a long term lease
by the DNR. for continued occupation of this property by the Terp's or future property owners,
appears to be the best solution for this problem. This situation has remained unresolved for five years
and a solution needs to found as soon as possible. The City of Orono is w illing to cooperate and
provide assistance in the moving of the driveway and the construction of a berm. The City has a
project scheduled for early June in Antoine Park that will be generating c.xccss material that could
be used for construction of a berm. The City is requesting that this process be completed as soon
as possible, so bemi construction could begin in early June in conjunction with the Antoine Park
project.
I have enclosed a plan for tlic proposed berm and landscaping that was created by the property
owners. This berm would have a height of appro.ximately four feet with 3:1 side slopes and would
be constructed .so as to appear natural.
This meeting at the site was verv- productive and all the parties involved have indicated a desire to
cooperate and resolve this situatit>n in a timely manner. Thank you .Sor your assistance in this matter.
Please call me should you have any questions or need assistance from the City in resolving this
situation. We are willing to help in any way possible to correct this problem.
Director of Public Services
Copy: George & Laurie Terp 165 Bederwood Drive, Orono MN 55391
Ron Moorse, Orono City Administrator