5.1. SR 04-09-2001 - Laserfiche WebLink

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Mr. Pat Klaers April 4, 2001 Page 3 sanitary sewer and water for the potential development of the Mitchell 80-acre parcel located on the east end of 175th Avenue. In fact, we have been told that the School District has made an offer for 40 acres from the Mitchells. In discussing this with Dr. Flannery, he has indicated that the School District, if it is able to acquire the land, would anticipate constructing an elementary school in this location within the next three to five years. B. SHERBURNECOUNTY 1. CSAH 12 Improvements This project was initiated by Sherburne County late last fall. The Contractor worked on the section of road from the intersection with CSAH 13 to Tyler Street prior to the winter shutdown. There will be a preconstruction meeting for the re-initiation of activities on Monday, April 9. We anticipate the Contractor will begin construction shortly thereafter. The Contractor has approximately three to three and a half months worth of work left on the project. There is one item on this project that does require some Council action. When this project was initially conceived back in the mid-1990s, the Sherburne County Highway Department came to the City of Elk River and asked if the City would allow a private driveway through Hillside Park. The driveway through the park was necessary because CSAH 12 was being widened and lowered, and this was the only way to minimize the driveway grade. Staff agreed with the need for the driveway through the park, but was concerned about potential liability if the City owned the land underneath the driveway. Therefore, a recommendation was made to the City Council and acted on at that time to sell the appropriate amount of land to the County for the driveway. Since 1996, when this action was taken by City Council, staff and the Park & Recreation Commission have discussed this issue several times and changed their position on whether or not the land should be sold to the County or an easement granted across the City park for driveway purposes. According to the City Attorney, there is no more or less liability in granting an easement versus selling the land outright. Obviously, the Park & Recreation Commission would prefer to have the park intact should the need for the driveway ever disappear in the future. Therefore, for the last two years, at least, the staff's position was that the City would grant an easement but not sell the land outright to the County. Staff believes this was the current City Council's position also as witnessed by the recent discussion about possibly locating a water tower in this area. Apparently, the homeowners who are serviced by this driveway are relying on the only formal action taken by the Elk River City Council in 1996, indicating that the Council's position would be to sell the land outright to the County. Recently, Dave Schwarting, County Engineer, and Brian Bensen, County Administrator, have asked that the City Council take a formal action to either rescind or override the 1996 action indicting the Council's desire to only grant an easement at this time. If you have further questions regarding this issue, I will be available to answer them on Monday, April 9, 2001. O:\PROJ~30000M\0325\Ltr 04-p3~01 Klaers.sm~yr~t~c ,,.-,, owara H, reen Company CONSULTING ENGINEERS