Laserfiche WebLink
Mayor Gamec inquired if the site plan indicated the recommended access. <br /> <br />City Attorney Goodrich explained that the site plan letter advised the developer that the access <br />should be located on the common property line. Staff is adamant that they advised Amcon to <br />move the access to the common property line, but Amcon chose not to. <br /> <br />Dave Olson, Ramsey Professional Building, stated that they have a legal right to cross Amcon's <br />land. They were granted an easement when the old building existed on the property and the <br />easement is still valid. <br /> <br />Mayor Gamec inquired as to why the location of the access was not caught prior to construction. <br /> <br />City Attorney Goodrich explained that staff met on the site with Amcon and informed them that <br />the access had to be located on the common property line, but Amcon chose to construct the <br />access in a different location after that meeting was held. <br /> <br />City Administrator Norman stated that Amcon had begun to create the existing access and that is <br />why staff went to the site and held a meeting with them to inform them that the access had to be <br />moved to the common property line. <br /> <br />Ernie Bedor, Ramsey Professional Building, stated that they did not know that anything was <br />taking place at the site until the bulldozers were at the site taking away their access. The <br />Attorney representing Amcon stated that they had no legal obligation to provide their access, but <br />they do have a legal easement. <br /> <br />Mayor Gamec inquired as to why the City should pay for the access to be moved. <br /> <br />Councilmember Hendriksen stated that it might be possible to find a "win win" scenario if the <br />City participates, in some extent, with the cost of relocating the access with the understanding <br />that both Amcon and Ramsey Professional Building buy into the concept of a frontage road, at <br />such time it is built. <br /> <br />Mike Thompson, Ramsey Professional Building, stated that the City should red tag the building <br />and get the driveway located in the correct location and deal with the frontage road issue in the <br />future. <br /> <br />City Attorney Goodrich explained that the City does not have the authority to red tag the <br />building, but if the Council feels that the issue is a City matter they could bring a suit against <br />them and talk to MnDOT about closing the existing access, but it would take probably two to <br />three years. <br /> <br />The Council reviewed the possible location of a future frontage road. <br /> <br />Mr. Olson inquired if they would only be waiving their right of access, but not giving up the <br />right of payment for the land. <br /> <br />City Council/April 2, 2001 <br /> Page 2 of 6 <br /> <br /> <br />