Minutes - Council - 07/22/2008 - Laserfiche WebLink

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Case #6: Consider Resolution of 160thLane Issues Public Works Director Olson stated that in 2005, the City used eminent domain procedures to acquire the right-of-way to utilize what is now known as 160th Lane to provide public access. He stated that in the summer of 2005, the City started receiving calls from nearby homeowners, Bauer's and Kaas', disputing the use of the driveway access that had been constructed within the right-of-way. He stated that the Public Works Committee discussed this in May 2008 and indicated that they would recommend to the Council that the City not move ahead with plans to pave the street, but clear the trees and the 66 feet of right-of-way and post No Parking signs. He stated that the neighbors agreed to enter into mediation with Anoka County which resulted in the case being settled. He noted that a copy of the settlement agreement was included in the Council packet. He stated that the discussion by the Public Works Commission was that it would not be the best use of general tax: dollars to create and maintain a roadway that virtually was a private driveway. He stated that staff has discussed a compromise with Mr. Bauer, that instead of cutting down the entire right-of-way, that only 36 feet would be cleared, 18 feet from the center line to allow for 6 feet of paving, a 4 foot shoulder and an 8 foot clear zone. He stated that Mr. Bauer has agreed to improve the roadway and maintain it, but asked that the City do the tree removal, clearing and grubbing and that 'No Parking' signs be posted. City Attorney Goodrich noted that he has also made the recommendation that this road be posted as a Minimum Maintenance Road and that the City would conduct annual inspections to determine that the construction and maintenance continues as it was at final acceptance. He stated that this makes it clear that the City will not be plowing, grading or maintaining the street. Public Works Director Olson stated that the City will go out every 12 months and make sure that Mr. Bauer is doing what he agreed to do. Councilmember Strommen asked what the financial impact would be for the City if it took on maintenance. Public Works Director Olson stated that the costs would be the time and effort to go in and noted that, generally, the City doesn't maintain roads that it cannot turn around in. He stated that, in staffs opinion, if the City is going to maintain the road, it should be built to City standards. He stated that this is bas.ically a private driveway located on public right-of-way. Councilmember Dehen asked if there had been an option to sell this area outright to Mr. Bauer and have him take over everything. City Attorney Goodrich stated that the City used eminent domain procedures to acquire this land in 2005 and if the City now turns around and sells it to a private property, that would misrepresent what the City offered to the courts. He stated that there is also a requirement to provide a cartway access to land locked parcels. City Council / July 22, 2008 Page 13 of 23