11-07-1983 CC MIN - Laserfiche WebLink

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City Council Minutes November 7, 1983 Page rhree St. Paul, have requested that the City vacate all street easements in a 40 acre parcel of property formerly owned by Christian Realty and known as Davis Woods. The City Administrator further indicated that the planning activities of Davis Woods proceeded to the point that street right-of-ways were dedicated to the City. The City Administrator indicated that the right-of-ways dedicated were not satisfactory to the City and that the developer was notified of the changes as requested by the City. The City Administrator indicated that as a result there remains on the 40 acre parcel a significant amount of dedicated right-of- way that is not in the appropriate place, as far as the City is concerned, and therefore serves no practical purpose for the City. The City Administrator indicated that the City staff is suggesting that the City Council retain a small portion of right-of-way in the extreme northeasterly corner of the plat so that access to the 40 acre parcel adjacent to the Mixer property can be guaranteed in the event future subdivision of the adjoining parcel is pursued. The City Administrator further indicated that it is recom- mended that the City Council request that the Mixer's enter into a private road agreement with the City of Elk River so that the road maintenance and access from the Hobbitt Hills Subdivision to their property is provided for. Mayor Hinkle opened the public hearing. Mr. Todd Mixer indicated that he believed it was in the best interest of the City to vacate the right-of-way easements in the 40 acre parcel and further indicated that he would enter into a private road agreement with the City. Roberta Beauchaine, resident in what is known as the Peterson Addition, indicated that the right-of-way through the 40 acre Mixer property is the only access to the north from the Peterson Addition. Mr. Bill Beauchaine indicated that the only way the residents in the Peterson Addition can get out of their Subdivision is across the railroad tracks, and should there be a derailment or an emergency, the people in the Peterson addition would have no other way out of the area. The City Administrator indicated that he understood Mr. and Mrs. Beauchaine's concern and further indicated that the Mixer's would not maintain their right- of-way and therefore, within a short time the road would be impassable anyway. Discussion was carried on regarding alternate routes along the railroad tracks should an emergency occur. Mayor Hinkel closed the public hearing. Councilmember Gunkel expressed her concern of a private road agreement. Further discussion was carried on regarding the maintenance of the 100 foot easement, the private road agreement, and the plowing of 200th Avenue. ADOPT RESOLUTION 83-25, A RESOLUTION COUNCILMEMBER DUITSMAN MOVED ToAAUTHORrzING~THEVACATION OF ALL STREET EASEMENTS INA40 ACRE PARCEL OF PROPERTY NORTH OF THE PETERSON ADDITION OWNED BY MR. AND MRS. TODD MIXER; EXCEPT FOR 100 FEET IN THE EXTREME NORTHEASTERLY CORNER OF THE PLAT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Dietz Administrative Subdivision Request/Public Hearing The City Administrator indicated that Mr. George Dietz has requested an Admin- istrative Subdivision for an approximate 7 acre parcel of property south and