INFORMATION #2 04-01-1996 - Laserfiche WebLink

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12-12-94 Dear Mr. Schmitz, In response to your letter dated November 12, 1994 and the City'of Elk River's claim that the road leading to my property is not a city street, I would like to clarify my position and concerns. I do not disagree that this road does not meet the current specifications of a city street, nonetheless, I do not own this property and it is not my private driveway. This is a road that the Town Board of the Town of Elk River did order to be established as a public highway {see Final Town Road Order, Sherburne Co. Recorder, document # 167593.). If the City has determined that it is necessary for the benefit of the public health, safety or welfare that the City alone provide refuse and recycling service, then the City is free to seek to build,.maintain and pay for the city street that is necessary to provide this benefit to the public. In 1982, I spoke with Mr. Forest Moen, the Mn/DOT Roadway Regulation Supervisor. He felt that the northern edge of this public road, which is the section line, would form the centerline of the westerly extension of 173rd. Avenue. He determined that if it became necessary to expand this road that the access to Highway 10 would be relocated and redesigned. Also that the inplace median crossover may be removed and properly relocated on the section line. The distance from my door to the edge of my property is approximately 350 ft. and from there to Highway 10 is 355 ft., bringing the total to over 700 ft.. That is well over a quarter of a mile walk for just one trip to drag the refuse container to Highway 10. On a recycling day I would need to make two trips in the morning and two trips in the evening. I have not asked the City to build or maintain this road, I have done so voluntarily, to my own satisfaction, so that it would not burden the City or my neighbors. I feel that it is unreasonable for the City to require one citizen to maintain, i.e. snow removal, such a long section of public road under the time schedule necessary to meet the 7:00a.m. curbside deadline. This would create an undue hardship for me as well safety hazard while clearing snow in the early morning darkness along a very busy highway. It is not uncommon to a vehicle pass by who has exited Highway 101 onto the shoulder of Highway 10 and is content to remain there while accelerating and looking for an opening to blend into traffic. The Highway 10 access is shared with one other residence and a three unit apartment. It is difficult enough to find areas for the cleared snow now, without providing for refuse and recycling containers. Leaving refuse and recycling containers in such a busy location all day would create a nuisance and a ~afety hazard when they are inevitably struck by traffic, snowmobiles or the snowplow. My dented mailbox will testify to that.