04/28/1980 Council Minutes - Laserfiche WebLink

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1 1 1 April 28, 1980 Mr. Jaworski moved to close the hearing at 9:25 p.m. Seconded by Mr. McLean Motion carried unanimously. The next agenda item was the Attorney's report and the first matter to be dis- cussed was the matter of 77th street. Mr. Locher presented the deeds for the South 282 feet - this is measured from the Section Line. Mr. Locher pointed out that the State Law, the Cartway easement, it is the pro- visions of this law that, if a cartway has been maintained for a period of six years continuously or longer, then the cartway easement exists from then on 33 feet on either side of the traveled portion of the roadway. Mr. Locher noted that the traveled portion of this roadway is basically north of the center line. The Engineer had prepared a map showing the existing roadway. The traveled sur- face is approximately 22 to 23 feet wide. 3 to 4 feet lies South of the section line - 19 to 20 feet of the surface is to the North of the center line. Mayor Gourley asked Mr. Marier to present his arguments on this matter. Mr. Marier said when the road was upgraded in 1971, Mr. Gotwald was to have centered the traveled surface and he pointed out that the major portion of the street was on his property to the North. He suggested this would cause a setback pro- blem with the development now being done on the South side of the street. Mr. marier disputed the Certicate of Survey that was to have been done in 1966 - he said this was not a survey, just a sketch. He felt that Milner Carley had been paid to do a survey and had only done a sketch. Mr. Marier said there is no easement on the North side of the section line. Mayor Gourley asked Mr,. Locher and Mr. Locher said he could only repeat what the State Law says on cartways. Mr. Marier said his main concern was the setbacks on the South side of the street. Mayor Gourley said there is no problem with the setbacks - the building department has already been alerted to the fact that the traveled portions is basically North of the center. Mayor Gourley asked if there is an agreement that the traveled road is within the right -of -way and Mr. Marier agreed. Mr. Marier said the South portion was paid fo'r. and Mr. Locher pointed out that the minutes report that the Check to Mr. Theis had been returned. Mr. McLean felt that since the road is not in very good shape, there is a possivility this could be centered as it is upgraded. Mayor Gourley said there is the possibility the abutting property owners would be assessed. Mr. Marier asked if the Council knew who the Engineer was on the Peltier View Plat and it was agreed that they had that knowledge. He asked if Mr. Gotwald had consulted the Council on this matter before he did the plat and Mr. McLean said, No. Mr. Marier then presented a document dealing 'with con- flict of interest. This is from the Minnesota Architectural Board accord- ing to Mr. Marier, these are laws. Mr. Locher told the Council 'that Mr. Gotwald had been given permission to plat land in this City by a previous Council. 85