02-14-1983 CC MIN - Laserfiche WebLink

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City Council Minutes February 14, 1983 Page Three Mr. Cliff Lundberg, representing Mr. Wally Ohland, indicated that the easement for the road is not intended to serve the property to the east of the Peterson Addition. Mr. Lundberg further indicated that the City never accepted the easement. The City Administrator indicated that the fact that the City never accepted the easement has no bearing on the issue and further indicated that the property is deeded to the City. Mr. Lundberg suggested that the easement retained by the City be limited to the south 66 feet all the way across Parcel 26 and 27. The City Administrator indicated that the easement as Mr. Lundberg proposed would provide for a very difficult intersec- tion to Ogden Street, as it would be very close to the railroad crossing. Mr. Cliff Lundberg indicated that should the City retain an easement and a right~of-way, the City should maintain the road that is in the right....of-way. Councilmember Duitsman indicated that the City has not accepted, what have been pri- vate gravel roads within the City 'of Elk River. The City Administrator indicated that at the time of the Peterson Addition improvements, the City contacted Mr. Ohland regarding the improvement of the road right-of-way. The City Administrator indi- cated that the City asked Mr. Ohland to purchase the material for the road and that the City would then maintain the road. Mr. Wally Ohland indicated that he did not feel it was his responsibility to pay for the material for the road as the City was responsible for taking away his private railroad crossing. Mr. Wally Ohland further indicated that he has been maintaining that portion of the road for the last two years. Mr. Ohland indicated that he felt the City of Elk River should give back the road to him by vacating the easement or keeping the easement and maintaining the road. Mr. Lundberg indicated that the private crossing was taken away from Mr. Wally Ohland without due process because the City and the Burlington Northern were in agreement regarding the closing of the private crossing. The City Administrator indicated that the City intervened in the closing of the original private crossing in order to pro- vide access for the residents in the Peterson Addition. Mr. Lundberg indicated that he felt that if the City found the need to maintain the right-of-way, the City was obligated to maintain the road. The City Administrator indicated that the easement was simply a right-of-way and did not require maintenance by the City. Mayor Hinkle indicated that he felt that it was important that the City,~li(~'the. easement tDprovide the property to the east an access to the railroad crossing as the railroad crossing is owned by the whole City of Elk River. Councilmember Duitsman indicated that the question of the acceptance of gravel roads has been referred to the Planning Commission for their recommendation. Discussion was carried on regarding the closing of the private railroad crossing and the construction of the new railroad crossing to the Peterson Addition. Council- member Duitsman indicated that he felt the City Council was trying to solve a prob- lem for the citizens in the Peterson Addition.