08-20-1979 CC MIN - Laserfiche WebLink

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August 20, 1979 Page 3 ---, Mr. Harold Dobel indicated he would place his property proposed to be assessed into green acres and the City would never collect assessments levied because Mr. Dobel would neve-I' change the use of his property. Bill Harju indicated that a priority of the soil conservation service was to preserve farmland of certain quality wherever it is located. Mr.Har~ indi- cated that each year ~ great deal of prime agricultural land is lost to other uses and that this appeared to be the case with the rail~7Cssing improvement. Mr. Harju asked ,if this type of assessment was consistent with the land use grant obtained by the City in this calendar year for the pu:r'pose of revising its zoning and subdivision ordinances. Mr. Harju indicated he felt an assess- ment against the farm properties before the rail crossing established a prece- dent of the City not wanting farmers or farmland in the City of Elk River for the future. Mr. John Miller indicated he was an attorney representing eleven homeowners in the Peterson Addition. Mr. Miller indicated that the question of who paid for the crossing did not . need to 'be addressed tonight but the fact of whether or not the crossing was to be built at all should be addressed and had not been. Mr. Dick Hinkle indicated he wished to know whether or not he was going to be paYing for the crossing before the decision to install it was made and, as such, who was going to pay for it should also be addressed at tonight t s meeting. Mr. Cliff Lundberg indicated to the City Council that he felt the railroad should help pay for the installment of the rail crossing and also asked if the provision in the crossing agreement regarding maint,enancec.osts t.o be borne by the City had been addressed. The City Administrator indicated that approval of .theorossing construction agreement would be with the stipi.lla.tion that negotiations on the mainte;nance costs for the crossing be mad:e and successfully concluded with the Burlington Northern Railroad. Mr. Lundberg continued by indicating he felt the railroad was liable for the problem because they created the public crossing by issuing so many private permits. . Mr. LUndberg feels the railroad has acted illegally in revoking these permits~ Mayor Madsen indicated that the Department of Transportation had . the right to conduct a hearing to determine if the. railroad should pay a portion of the costs but that all parties concerned felt the railroad would not be required to make any payments for the crossing. Mr. Dick Schrupp asked the members of the City Council how' the residents would drive in the area while a railroad challenge was being mount.ed because the roads were so poor'that they were barely negotiable at this time. Mr. Greg Pederson indicated Mr. Lundbergts~ents against the rail crossing and road improvement were being brought up too late in the process and should not be considered at this point. Mr. Pederson also indicated he. did not feel the farmers in the area should be assessed for cost of the' rail,~~ing improve- ment. - Diane Miller indicated she felt farmers in the area should not'par an assessment for the rail crossing. . Mr. John Pearce indicated he did not feel the farmers in the area should be assessed for the rail crossing or the street'~~#~~.'lts. Mr. Pearce wondered what was the logic behind not assessing streets to farmers but assessing the cost of the rail crossing to farmers. Mr. McCombs and the City Administrator indicated that the project was very similar to that of a' sewer trunk line in which individuals in a certain specified area were assessed for the cost of that improvement even though they may not have direct or immediate access to that improvement because in the future they may have access or use for the improvement. Mr. Robert Fritz ,indicated he did not. feel his property should. be assessed for the rail crossing and that it was undeveloped and he did. not propose to develop it in the near future.