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06-10-97 WSCITY OF OTSEGO SPECIAL COUNCIL WORKSHOP 62ND STREET RESIDENTS OTSEGO CITY HALL JUNE 10, 1997 7:00 PM Present: Mayor; Larry Fournier, CM Virginia Wendel, CM Vern Heidner, CM Suzanne CM Ackerman, CM Mark Berning Staff: Kevin Kielb, City Engineer; Andy MacArthur, City Attorney; Elaine Beatty, City Clerk/Zoning Administrator 1 _ Mayor LaM Fournier will call meeting to order: Mayor, Larry Fournier called the meeting to order at 7:00 PM. ? Discussion of issues on 62nd Street with residents - Mayor, Fournier read the petition requesting the City of Otsego to take over 62nd Street as a City Street. The petition states that 62nd Street has been in the County grid system for many years. (see attached) Mayor, Fournier read NAC's letter dated April 17, 1997. (see attached) From a planning perspective, the ideal situation would be the formal dedication of a 60 foot wide right-of- way (with a cul-de-sac at the eastern terminus of the roadway) and an improvement of the street to City standards. The right-of-way dedication and street improvement are considered independent issues. Residents north of 62nd Street could potentially dedicate 13.5 feet of right-of-way width. This dedication could be combined with an additional 30 feet of right-of-way from the adjacent property owner to the south. The burden of right- of-way should be put on the petitioners. The 62nd Street situation is unique and variation from the practice may be warranted. If the City chooses to waive the street improvement requirements a time table should be established for eventual upgrades. Mayor Fournier read a letter from Hakanson Anderson dated April 23, 1997 (see attached). Larry Koshak, City Engineer, recommends the necessary 60 foot easement be provided and the street be paved to City standards within five (5) years of accepting the street. Mayor Fournier read response letter from Andy MacArthur, City Attorney and asked Attorney MacArthur for comment. (see attached) Andy MacArthur, City Attorney - This issue was brought up when City Council established policy that the City would no longer be plowing or maintaining private driveways. By previously paying for snow plowing it indicated that 62nd St. was considered a private road. CITY COUNCIL WORKSHOP MEETING of June 10, 1997 cont'd Page 2 City Council has indicated that if the city accepted 62nd Street the residents would have perimeters. Liability insurance is also an issue. Mayor Fournier directed the meeting to the residents for comment. Rose Freske Requested that 62nd Street become a City Street. Indicated that 14228 NE 62nd St. they have had City service for over 20 years. Stated she was told by a couple of Councilmembers if she brought it up it would go. A 1991 Map indicates that it is a City road. Gail Thell Concerned with getting out in winter. Didn't feel the road needed 14186 NE 62nd St. to be widened, but would like it plowed for school buses. Gerard Zachman Concerned that the people are living on a private easement road. 6194 Oakwood Ave. Was told that 62nd Street was a non -conforming private road. Concerned with who will pay for repairs and costs for existing tile under the road. Would like this matter taken care of, or continue snow plowing private driveways. Charles Schmid Stated concerns with how the surveying was done at the time the 6268 NE 62nd St. road was built. Concerned with granting the 13-1/2 foot easement due to loss of trees. Asked Mr. MacArthur if the center line moved over more on their side of the road (north). Andy MacArthur - The Planners report was to set requirements as close as possible to what the City would legally need. You own the road, as it stands now the City could get sued for plowing and maintaining if something happened. Kevin Kielb - We are recommending requirements for regular City streets (50 foot minimum). In this case three strips of land would need to be brought together to meet the minimum right-of-way requirements. Mayor Fournier stated that Wilfred Lindenfelser would contribute his land. Jim Ekeren Built two years ago and concerned because he had to put his septic 14126 62nd St. system in the front yard by the road. Gerald Baron Doesn't want to give the 13 feet. Wants to leave the road as it is. 14210 62nd St. Kevin Kielb explained that the City owns the right-of-way and has the right to make improvements regarding ditches and storm sewer. Issue is private road vs. public road. CITY COUNCIL WORKSHOP MEETING of June 10, 1997 cont'd Page 3 Virginia Wendel Surveying the property would be to the residents benefit. Suggested the residents hire a contractor to bring the road up to City standards with cul-de-sac and where best to place it. Andy MacArthur - The residents could do that. Andy explained that it is a private road and that there are legal problems with the City going on private property. Also residents need to understand that the liability for accidents would go to them. (referred to 96th St. and 67th Circle). CM HEIDNER MOTIONED TO ADJOURN. CM ACKERMAN SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. Mayor, Larry Fournier Beatty, City Clerk/Zoning Administ for Recorded by: Carol A. Olson, Secretary