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April 1, 1996 <br /> <br />To Elk River City Council, <br /> <br />RE: Dwight Kirkeide, the status of 173rd Ave. and refuse service. <br /> <br />Provided are the following regarding the above: <br /> 1. Copy of map from Abstract covering part of the NW <br />Quarter of the NW Quarter of Section 11, Township 32, Range 26. <br /> 2. Copy of Final Town Road Order recorded as Document No. <br />167593. <br /> 3. Copy of letter dated Dec. 22, 1981 from James M. <br />Neilson Attorney at Law to the City of Elk River requesting that <br />the City acknowledge ownership of this public cartway. <br /> 4. Copy of letter dated Feb. 16, 1982 from the City of Elk <br />River to James M. Neilson acknowledging the public cartway. <br /> 5. Copy of letter dated Aug. 19, 1991 from Dwight Kirkeide <br />to City of Elk River Recycling Coordinator Gary Schmitz. <br /> 6. Copy of letter dated Nov. 30, 1994 from City of Elk <br />River-Gary Schmitz to Dwight Kirkeide denying that the public <br />cartway is a "city street". <br /> 7. Copy of letter dated Dec. 19, 1994 from Dwight Kirkeide <br />to City of Elk River-Gary Schmitz outlining refuse and safety <br />concerns. <br /> <br /> Minnesota Statutes Chapter 429.011, Subd. 7. Definitions <br />says "Street" means any street, alley, or other public way, or <br />any part thereof. <br /> Black's Law Dictionary defines "Street" this way: "Any <br />street, avenue, boulevard, road, parkway, drive or other way (1) <br />which is an existing state, county or municipal roadway, or (2) <br />which is shown upon a plat heretofore approved pursuant to law, <br />or (3) which is approved by official action or (4) which is shown <br />on a plat duly filed and recorded in the office of the county <br />recording officer prior to the appointment of a planning board <br />and the grant to such board of the power to review plats; and <br />includes the land between the street lines, whether improved or <br />unimproved, and may comprise pavement, shoulders, gutters, curbs, <br />sidewalks, parking areas and other areas within the street <br />lines." <br /> <br /> As I pointed out in the last two paragraphs of my Dec. 19, <br />1994 letter, the failure of the City to acknowledge this street <br />has created a hazardous situation for my family because of the <br />unnecessary delay and confusion that emergency dispatch, police, <br />fire and medical services will likely experience in locating our <br />home on a City Map. This is unacceptable. <br /> <br /> <br />