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2.5 b Regarding Chaska proposed Mapping of New County Hwy 41 and taking of properties in Chanhassen February 2, 1992 To: Don Ashworth, City Manager, Chanhassen 4. From: Bill Meyer, Hesse Farm West Lot #11 RE: City Council. Package Item Regarding Chaska Proposed Mapping of New County Highway 41 and a Taking of Properties in Chanhassen Don, ' Thanks for sharing your time and thoughts with me this morning regarding the above item. Enclosed hereunder are one original and ten good copies of my letter. Please distribute them to the City Council members if possible and appropriate. Also, please make additional copies for your use at the City and with its Planning Commission and Staff. Again, thanks for your 1 1 1 1 1 1 1 1 1 1 ONI � ` i r r MI NM = • • William H. Meyer and Jennifer L. Hafkey Hesse Farm West, Lot # 11 Chanhassen, MN 1 February 2, 1992 City of Chanhassen ' Hon. Mayor Don Chmiel and Council Persons c/o Don Ashworth, City Manager 690 Coulter Dr. Chanhassen, MN 55317 Your Honors: We attended the City of Chaska, City Council Meeting held at 9:30 PM on Monday, February 1, 1992. We learned, to our surprise, that the City of Chaska Planning Department was recommending that the Council "officially map" a new County Highway 41 ( "New 41"). New 41 would proceed south from a new, unmapped intersection with Highway 212 and lead to a new river crossing. ' The New 41 corridor would be located within the City of Chaska until it encounters Chanhassen land at the Minnesota River "bottoms" area. Part of the interchange with 212 would be in Chanhassen. The road is planned as a four lane, free -way style affair. My concerns are these: 1. Lots 7, 9 and 11 of Hesse Farm West in Chanhassen would be TAKEN by the new, previously unmapped interchange ramp (north New 41 to east 212) under the Chaska plan. A home exists on Lot 9. 2. The highest and best use of other lots at Hesse Farm West (south of lot 11) might be changed because the corridor right -of -way would be placed directly against the City of Chanhassen boarder and, thus, said Lot's property lines. 3. A wet land would be taken which feeds the pond on "Out Lot A" ceded by Harold Hesse to the City of Chanhassen. 4. Certain rare and protected wet lands in the Minnesota River bottoms may become threatened. 5. The Minnesota Department of Transportation has complied with Chaska's request by mapping the proposed lane "center lines" for New 41. MNDOT says that Chanhassen has not participated in the mapping process. Furthermore, the proposal was not originated by MNDOT's. 6. Chaska implies there is a tie -in between the mapping of New 41 and the approved mapping of ' 212. I am not sure why they choose such language. The Chaska staff responding to public comments finally did admit that neither the New 41 corridor nor the proposed ramps are a part of the 212 mapping. MNDOT has confirmed the new design is not part of the 212 mapping. 1 7. Chaska's Planning Department admitted at their Council meeting that their mapping process had not involved the advice or consent of the City of Chanhassen. 8. Chaska will (assuming Council approval) immediately ask the Metro - Council for public funds to acquire property. Is it a good public policy to tie up public moneys in a right -of -way acquisition for a road not in MNDOT's year 2010 comprehensive plan? 9. No notice was given to the souls residing or owning property at Hesse Farm West. Discovery of the plan happened by a chance reading of the Chaska newspaper. 1 1 10. I will soon be applying to the City of Chanhassen for a building permit on Lot # 11. My ability tY gP Y tY to build or sell is now impaired without benefit of Due Process. 11. The forgoing implies certain feelings on the part of Chaska regarding the sovereignty of Chanhassen. 12. Time is short. The Chaska Council agreed with the public comments to postpone its decision...only until its meeting on Monday, February 22, 1993. I request that you, the City Council Members of Chanhassen, take the following actions: 1. Direct the City Staff to contact MNDOT. The Staff would request a re -draft of the New 41 interchange. The new design should indicate no taking of land in the City of Chanhassen and place the New 41 corridor and all ramps entirely within the City of Chaska. MNDOT has indicated that such a design is feasible...but must be requested by Chanhassen. 1 2. Direct the Staff to hold conversations with Chaska to coordinate its legitimate interests with those of Chaska. 3. Require that an Environment Impact Statement be completed regarding: a. the impact of taking the wet land in Chaska that feeds the pond on Out Lot A of Hesse Farm West. The wet land drains eastward through a ravine on Lot 11 and into said pond. b. the impact of road chemicals, salt, lead and the like on the pond on Out Lot A. c. the impact of the corridor on the wet lands and Fens at the Minnesota River bottoms 4. Require that Due Process be followed in the above matters. Chanhassen property owners must be kept informed of their rights and given notice of official proceedings always. 1 5. The Council ought resolve to actively oppose all funding requests made to the Metro - Council by the City of Chaska, until: a. Chanhassen has completed its legitimate planning process and reviews. b. Chanhassen has assured itself that the rights of its' citizens have been honored in the process. Thank you. 1 Sincerel , 1 To William H. Meyer 73 Rockwell 3660 Independence Ave So 1 St. Louis Park, MN 55426 935 -7480 (h), 371 -4136 (w) 1 cc: City of Chanhassen Planning Department, Paul Krauss Metropolitan Council, Ann Braedon Minnesota Department of Transportation, Evan Green Harold and Pat Hesse Hesse Farm West Homeowner's Association, President 1 1