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7a & B. West 78th St. Detachment Project, Plans & Specs & Joint Powers with CC for Cty Rd 17 I Y I CHANHASSEN ' d=" 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' MEMORANDUM TO: Don Ashworth, City Manager FROM: Gary Warren, City Engineer DATE: April 5, 1989 -- __- IIS(TBJ: West 78th Street Detachment Project No. 87-2 -- _ •=°- i Plans and Specifications Update It was originally int ded en that this item would include the construction docu- ments for approval for bids for the West 78th Street Detachment project. Staff has communicated with the key property owners (Mr. James and Mr. Burdick) to receive their final input as to the cul-de-sac configuration which was approved as a part of the project at the August 22, 1988 City Council meeting. ' As can be seen from the attached documents and as Council no doubt is aware, the right-in/right-out/cul-de-sac/private drive option for the service road between ' the James and Burdick property has been an item of discussion and contention for quite some time on this project. Staff is in the process of reviewing the attached information recently received from Mr. James and Mr. Burdick. We have not had time to properly deal with this information concerning curb cuts and ' cul-de-sac location. Since Mr. James will be unable to attend Monday night's meeting, it was felt that a two-week delay in our schedule could be accommodated to allow for a proper review of this item by both staff and the property owners. As such, I thought it would still be beneficial to at least familiarize the Council with the property owners' input at this time. We will be prepared to ' present the plans and specifications for approval at the April 24, 1989 Council meeting which hopefully all parites can attend. It will also be appropriate at that time to review the Joint Powers Agreement with Carver County. ' Attachments ' 1. March 30, 1989 letter from B.C. Burdick with attachments. 2. March 30, 1989 letter from T.F. James Company with attachments. ' cc: Charlie James B.C. Burdick Gary Ehret, BRW Roger Gustafson, Carver County Engineer so f Principals In Minnesota's Fastest ' Growing Area ! J Brian H. Burdick B.C. "Jim" Burdick 426 Lake Street Excelsior, Minnesota 55331 (612) 474-5243 March 30, 1989 ' Mr. Gary G. Warren, P.E. City Engineer City of Chanhassen P.O. Box 147 ' Chanhassen, MN 55317 Re: West 78th Street Detachment Project ' File No. 87-2 Dear Mr. Warren, ' In reply to your letter of March 22, 1989 we, as I have said several times before, will be monetarily harmed to a great extent if the present 78th Street is closed. ' The only sensible solution here is to leave the existing 78th Street open on a "right turn in/right turn" out basis. As to the cul-de-sac proposal; if this comes about it should, of course, be exactly centered on the property line. Any other place would not only be unfair, but ridiculous. ' We, of course, want an entrance to both Lots 4 and Lot 5 off of 78th Street. Common entrances will not do for these two large lots. ' Please under no circumstances let the City Council be under the impression that Carver County eliminated the present entrance off of 78th ' Street to County Road 17. We have recorded tapes, in which Mr. Don Ashworth, encouraged the Carver County Coranissioners Board to eliminate the entrance off of West 78th Street. ' Please find enclosed copies of previous correspondence relating to this matter. CITY OF CHANHASSEN ' APR 0 3 1989 ENGINEERING DEPT. I - A page 2 I In closing the only fair, sensible, and cost effective solution is the ' "right turn in/right turn out" as approved unanimously by the Chanhassen City Council and agreed to by us approximately one and one half years ago. (see the enclosed drawings). 1 Cordially yours, //c--/ p„r, ' B.C. "J'. " : . 'ck 1 Attachment: Various previous correspondence and drawings. cc: Mr. Phillip R. Krass, Attorney at Law (with attachments) * Chanhassen City Councilpersons ' * Chanhassen Mayor • • *Please see that the Mayor and each member of the City Council get a ' complete copy of this correspondence with attachments well in advance of the April 10th meeting. 1 1 1 1 1 1 1 i me TICAN: GS. I 1 • � ig� le.C• =WV' BAD iK - 1 j BR! . uR1d CO ' � - ' i +2c. LAKE STReET 1 I CC I 2 ExcEi.stc ., 4 ss331 I ? :'.. --- I --- I C61z1 474- 5243 W • < • ' r ■ <-t���., R161►Tlt�t T.ulRic�- TV+�u ou-r.. • [� Q -----� f i �----- r PRopoSAL _ 1i 1 I I`— — — -- — — � �� 1 2 \/ I r - - - -' OGAC : 3 � , ; � e - W. , i 78TH STREW" I Sec��el, / .-d� ..., - ■ i joop=1011111111112=1 : ---1-___—. ""` A i L , �o���:a� Roy — — -- -- — • — TO- r:val;zcd. /. / 1 t .. I i�1 1 2 3 SON v ` � ` a, (r 1 1. c2-1(<�p A , ""---. "•••• t \\. . /y/Q - . olcy, P. NB.o \ 6./4/ I 7. , ? g 89 ) .. ,(] 4 5 ,U� �.k i � ' 0140500 ' . j q / 2 `� ` �___ --)I -.�.. Nosh ■ r� ! I EXISTING • , is , '' 1 11 . , POND / ,/iN nc. I.' '," . �; adequately. potenua ' , ,,• l Young and newly planted trees little m 2isals -_- { ' i, 1 - and shrubs are particularly atmosp 551587 Y } s 4 - vulnerable to moisture stress as Howeve ( ' �� - r `° " they've yet to develop extensive root a plant Oh 'i i i t ,i, r ,ip ; 1r systems that can pick up moisture water iu ‘!‘f.,- �`=�-< � ""41,-;::4%-ii;,-.. ,,A,.°',;; ,�;, � �pf, � - �° , F � �' from deep in the ground. more w. e,.� - — Fruit trees and small fruits, such It is Bed and Breakfast may open in Carver as raspberries, strawberries and evening blueberries,need a steady supply of choice Glen and Robin Kashuba hope to open their"yellow brick"house in Carver as a moisture to bloom and produce a waterir Bed and Breakfast establishment. This week, they received the necessary g crop. And gardens—perennial problerr conditional use permit from the city. Now they must underon a sfafe in. sp. omit. or annual -- need a good soaking moist fo The, of six once a week. - It's ,,: tirS'Ce guea ,is on Lawns, too, need a thorough frequen scheo soaking weekly.Apply enough water f i c i a 1 1 Thursday, June 9, 1988 — Carver County Herald to wet the soil to a depth of about 5 develop inches. On sandy soils that drain this lea It Street Chanhassen property owner readily, you'll probably want to to moist 55318 18-7783 appeals for road access fit& By Kaye Henry said would cause him to lose $1 Minnesota Landscape Arboretl I SERVICE Chanhassen property owner B.C. million in property value. Spring plants in b l o o "Jim" Burdick made an appeal to County Engineer Roger Gustafson I the Carver County Board June 7 to said he feels a private access to 78th reconsider its denial of his request St.would hamper the flow of traffic. ,y plants, including Min- nesota. INN __ for a private access to realigned 78th Arriving at the meeting after nesota's state flower, will be in of ladys 7 Street. Burdick left, Chanhassen City bloom at the Minnesota Landscape Dayton . ' Burdick owns five vacant lots Administrator Don Ashworth said he Arboretum in Chanhassen during The A -�.ti • which lie along the southwest concurred with Gustafson on that the week of June 5-12. Among the seven di , 9 '. quadrant of Hwy.5 and County Road point. bloomers will be the show 17. Access to his property will be "We're concerned about safety," showy p.m.or ��;. P Pe Y Y ladyslipper.er, peonies, irises, doors or -:.. - • complicated by the planned nor- said Commissioner Swanson, noting Japanese tree lilacs, old-fashioned lunch fu -'":," ' thward realignment of the in- that Burdick said he would like to roses, and perennial flowers and weekda' tersection of West 78th Street and sell his lots to high-traffic businesses herbs. on we ^tt,rr '"<' I Co. Rd. 17 that will be part of the stxh as a bank and restaurant. The show} ladyslipper, also beverag downtown Chanhassen rede- Ashworth said a lawsuit may well known as the pink-and-white 1-30-3:3t velopment project. COme out of the realignment any ladyslipper is Minnesota's state p m.on Burdick told the board he was way the project is implememted. If flower. It is one of several orchids There ,v an,gnc • surprised and unhappy with their Burdick doesn't sue over his that can be found growing wild in the nonmen resolution in April opposing plans to driveway access, there may be a state. It grows in swamps and moist ears a /� 30 YEARS , allow him a right-in/right-out access liability suit over the 78th St.- to woods in northern Minnesota and on compan to 78th St. and the county's position 13d 17 intersection if it doesn't work state. neutral soils in eastern Min- 1 that a cul-de-sac be constructed for out. Ihim instead. But to head off legal troubles, 1 He pointed out that he had met another public hearing will be Directories help e with Chanhassen planning staff and scheduled on the matter, Ashworth the county engineer about a year said. ago, when it was mutually agreed The board told Burdick they would locate state gro wi I $ that a right-in/right-out access just listen to his comments, and would be the best alternative for would contact him when they plan to The 1988 "Directory of Roadside availabl ■r um ins i dl him, take further action. Stands, Orchards, Pick-Your-Own charnbe The Chanhassen City Council also Ln other business, Ashworth ap- Farms and Farmers Markets" is inforrna unanimously approved the plan ptised the board of a Chanhassen now being distributed to locations tension about a year ago,Burdick added. psoal .to create a new tax in- throughout Minnesota by the Min- CoPies r f .: "Now,a year later,they try for an rent --financing district under nesota Grown Promotion Group and Minnest f ` end run and get the county board to tie city would upgrade to 9 the Minnesota Department of Center, 6_,,.._ s, _ say no," Burdick said, suggestirig tt3brn status about one-half mile Agriculture. Skyway `11 Q -•.; that the county bow out and let him old Co. Rd. 17 (Audubon Road) The directory is a handy listing of 1810,(61 r`-J+•• �'�� negotiate with the city. the site of the proposed new Minnesota growers who market or toll . `� Commissioner Tracy Swanson cGlynn Bakery facility, at an directly to consumers at locations greaten dl pointed out that the county has to be = roximate cost of$700,000. around the state.Featured products Indivi N involved,as Co.Rd.17 is affected by Ashworth said he was giving the include Minnesota grown fruits and requesti , ;;: the realignment. board 30 days to comment on the vegetables, meats director and poultry, '.:,Irr Burdick said he could like to retain- proposal, conceding that counties herbs,flowers,hone y and Christmas Marktetit his current driveway. Otherwise, and school districts lose tax revenue trees. Recipes and canning in DeParta 5 -! , ° ,x, people would have to go out of their to TIF districts. formation are also included. Plato Bb '' '.4.::.W, way to access the property,which he Some 60,000 copies will be r Area girl wins trip to Daytona Firecrac 4-" t sa '' ' . "r'''°i As 6,000 Memorial Day racing fans r 16 1114' r . "'i" _ -• looked on at Raceway Park in I / :1,1-.,:lt. so Principals In Minnesota's Fastest ' Growing Area 1 Brian H. Burdick B.C. "Jim" Burdick July 25, 1988 426 Lake Street Excelsior, Minnesota 55331 (612) 474-5243 Chanhassen City Council City of Chanhassen ' Chanhassen, NN. 55317 Gentlemen, ' At noon today, Monday, July 25th, I received notification of a council meeting scheduled for Monday evening, July 25th, concerning a matter which is of the utmost importance to me. ' I feel it is unfair not to let saneone know of such an important matter until only a matter of hours before the meeting. I might quite likely have been ' gone this afternoon and I would not have known about this meeting until after it took place. The first paragraph of a memo dated July 21, 1988, fran Gary Warren, refers to ' a denial by Carver County for a right in, right out connection on County Road 17. This in itself is misleading, simply because nowhere is it stated that the City of Chanhassen was the instigator of and encouraged the County Ccmnissioners to deny this access to my property. The second paragraph in the same memo reads in part "With this supplemental report, the private drive becomes a public cul-de-sac and the abutting ' properties in turn are proposed to be assessed for the cost of the cul-de-sac construction and ancillary improvements". I most certainly object to being assessed for an improvement that is not to my, the property owner's, benefit. ' There are laws and court decisions that make it quite ciPar that only benefited property cwners may be assessed. Turning to the memo dated June 9, 1988, also fran Gary Warren. The last paragraph of the first page speaks of amending the West 78th Street feasibility study, dated July 20, 1987. At this time, I would like to emphasize that at this July 20, 1987 meeting. or at another meeting sanetime in ' that same time frame, the Chanhassen City Council and I agreed that 78th Street would be made a right turn in, right turn out in accordance with a drawing which is attached hereto. On the basis of this agreement between me ' and the City of Chanhassen, I made various plans. If this agreement is violated, I will suffer a great monetary loss. As a means of refreshing memories, at this meeting I stated that this plan was not the best for me, but I was willing to accept it as a compromise. After some discussion by the council, it was pointed out that this was not the ideal intersection, but it was the best that could be worked out under the ' circumstances. The camprcmise agreement was accepted by me as well as the City of Chanhassen, by an unanimous council vote. This attached drawing, which was a part of the motion, was worked out by JaAnn Olsen, Assistant ' Chanhassen City Planner, Roger Gustafson, Carver County Chief Engineer, and myself at a meeting a few days previous. . 1 MK II I II am willing to cooperate and work with the City of Chanhassen on this intersection. However, I do strongly protest having my access either being cut off completely or made extremely difficult. If this occurs, I most certainly expect to be compensated. I also protest the City of Chanhassen attempting to blame this matter on Carver County. The City of Chanhassen should accept and shoulder the burden ' for whatever action they take in this area and not attempt to pass the blame on to others. Thirdly, I strongly object to being assessed for any improvement that will not benefit my property. Quite apparently there is an attempt underway to do just this. Cordial ! yours, B.C. " BURDICK BCB/clm / Enclosures II1 I I I s I Principals In Minnesota's Fastest Growing Area Brian H. Burdick B.C. "Jim" Burdick 426 Lake Street Excelsior, Minnesota 55331 (612) 474-5243 August 4, 1988 Office of the City Clerk City of Chanhassen Chanhassen, MN. 55317 RETURN RECEIPT REQUESTED Re: City Project No. 87-2 ' Gentlemen, ' I wish to enter my objection to being assessed for the West 78th Street detachment or the West 78th Street proposed Cul-de sac. This project will not benefit me in any way whatsoever. Cordially yours, 1 ' B.C. "JIM" BURDICK BCB/clm 1 1 1 1 1 1 1 ms Principals In Minnesota's Fastest Growing Area pioivirL Brian H. Burdick ' B.C. "Jim" Burdick 426 Lake Street Excelsior, Minnesota 55331 (612) 474-5243 ' August 29, 1988 Chanhassen City Council ' City of Chanhassen Chanhassen, MN. 55317 Gentlemen, First of all, I would like to correct a typographical error in my letter dated August 4, 1988. It should, of course, read "and" instead of "or". In reference to the last council meeting. I feel that the left hand Cul ' de sac taking part of lot 1 is most unfair. Taking part of this lot would cause a tremendous amount of damage, due to the particular size and configuration of the lot. The reasonable and fair thing would be to construct a true Cul de sac; In other words, a circle, as is the normal procedure with Cul de sacs. I, of course, wish to emphasize that I prefer no stub street and Cul de sac as canpared to the right turn in right turn out arrangement. ' I would like to again call your attention to the solemn agreement that I and the City Council and Mayor of Chanhassen entered into by a unanimous vote approximately a year ago, which provided for a right turn in right turn out on 78th Street. If this governing body decides to repudiate this agreement, I feel it should be done in an honest and open manner and not by trying to shift the blame to sane other governmental body such as ' the Carver County Board of Commissioners or MNDOT, who have told me very clearly on several occasions that they have no interest in this matter whatsoever. ' Cordially yours, 1 B.C. "JIM" BURDICK BtB/clm Principals In Minnesota's Fastest ' Growing Area Brian H. Burdick ' B.C. "Jim" Burdick 426 Lake Street Excelsior, Minnesota 55331 (612) 474-5243 ' October 27, 1988 ' Mr. Gary G. Warren, P.E. City Engineer ' City of Chanhassen 690 Coulter Drive Chanhassen, MN. 55318 ' Dear Gary, I received your letter of October 10th written in accordance with the Chanhassen City Council meeting of August 22, 1988. In your second paragragh, you refer to the County Commissioners ' considering the issuing of a permit for a right-in/right-out. However, I do not believe it is a question of issuing a permit. It is a question of leaving an existing street "open" so that I might have access to my Property. The third paragraph of your letter reads in part "thereby acknowledging the County's consistent position that the right-in/rightrout connection ' to County Road 17 is denied". The County's position on this has not been consistent. As I stated, Roger Gustafson, Carver County engineer, JoAnn Olson, Assistant Chanhassen City Planner, and I reached an agreement whereby there would be a right-turn-in/right-turn-out. Therefore, if the County is taking a negative position on this matter at the present time, as the City of Chanhassen claims, we cannot say that their position has been consistent. ' When you receive a reply to your letter to Mr. Gustafson, please be so kind as to send me a copy. I sincerely thank you. Cordially yours, B.C. "JIM" BURDICK ' BCB/clm P.S. Instead of going deeper into this matter at this time it might be appropriate to wait until after the election and change of officials etc. II 4 Princi als In Minnesota's Fastest 1 ( ` Growing Area 0114111114Agitt . I Brian H. Burdick B.C. "Jim" Burdick 426 Lake Street Excelsior, Minnesota 55331 (612) 474-5243 II December 5, 1988 '� 1 Mr. Gary Warren HAND DELIVERED DECEMBER 6, 1988 City Ehgineer City of Chanhassen 1 Chanhassen, 111. 55317 _ " Dear Gary, III am writing to you in reply to your recent letter pertaining to the proposed 78th Street cul-de-sac. You had requested a reply by December 2nd, but inasmuch as I was out of town until December lst, I called and you graciously IIgave me a couple of extra days. In reply to your letter, as of today, Bill Engelhardt has sent to you a 1 drawing showing a cul-de-sac. Be based his drawing on the four drawings you had enclosed with your letter, adjusting it to be the best possible and fairest arrangement. 1 However, I want to emphasize that this drawing and Bill E gelhardt's letter or this letter of mine does not in anyway imply that I wish to have any arrangement at this intersection except the one that I and the Chanhassen City I Council entered into, by a unanimous vote, a bit over a year ago; The right turn in-right turn out. II Chanhassen will soon have a new mayor and two new members of the City Council. As this right turn-in, right turn-out arrangement on the present 78th Street vs the East 78th Street cul-de-sac arrangement involves a cost to I the city of at least several hundred thousand dollars compensation for lost property value and still more for construction of this cul-de-sac, it should be brought up before the largely new governing body. I strongly feel that they should be told the whole story from start to finish in as brief a manner 1 as possible, and then be allowed to make a decision. I suggest we do this soon after the new year. 1 It is not only my hope, but my prayer, that the largely new governing body will not waste millions upon millions of dollars on such things as a very narrow main street which cannot be navigated by firetrucks (For that matter Volkswagens cannot even make a U-turn), a thickly forested main street which II will result in many blind intersections and numerous traffic accidents, multimillion dollar ponding areas, when a pond was not necessary, plus numerous other ill-conceived ideas brought forth by BRW. II - -"Success in business is purely a matter of luck. If you don't believe us,just ask any of the losers." m• 1 • :r - II I could go on and on, but my only point is that I look to the future, the new mayor and council, with great hope and respect. So let us let them make the decision. Thanking you for courtesies shown, I remain tCordially yours, I B.C. "JIM" BURDICK BCB/clm Please note: As to the cost of this cul-de-sac; Apparently the cost will be borne by the general taxpayers as I surely cannot be assessed for scmething ' that does not benefit me and I would expect Charlie James to feel the same way. cc: Mr William Engelhardt I 1 WILLIAM R. ENGELHARDT ASSOCIATES, INC. � aiucltng f n �t r� a r i 1107 HAZELTINE BOULEVARD , ' CHASKA, MINNESOTA 55318 ' (612) 448-8838 December 5, 1988 i City of Chanhassen c/o Mr . Gary Warren 690 Coulter Drive Chanhassen , MN. 55317 RE : B. C. Burdick Property Adjacent to West 78th Street and County Road #17 ' Dear Mr . Warren : Enclosed is a rough sketch of the proposed improvements for the realignment of West 78th Street . We have shown in red a ' cul -de- sac centered on the property line between the James Company and Mr . Burdick . We would also like to see the roadway leading to the cul -de- sac centered on the section line which again is the property line. As you know, the property line and the actual roadway of West 78th in this area are different and when vacation of old West 78th takes place , we would like to see an equally proportionate share of the new cul -de-sac road placed on the James property and Burdick property . We will be available to discuss this alignment at your convenience. Very truly yours , WILLIAM R. ENGELHARDT ASSOCIATES , INC. i William R. Engelhardt WRE/ las encl . ( 1 ) cc : B. C. Burdick V/ >• I ... - • a CHAN Nq s SEN''I . ;�, 4z 1 �� 5 it CITY MALL �ST OF !c I • , , r' 7y RE/�.IN Saa4T'7`�.O •r— — .� �x cre.1 .ova tt/1nl 553•'' ! I 1 z. '# � cQ `��,, ,. �6t2 � 4'T4- 5`243_ _•_ - _ .• • Can-TCR OWE e • :.. : i• f CHAWNA SS[W i lo. la ._. ■ doewiowir4i*MM4iMiii;::■■■■■■••_■■— = ' . Len- 1 i M LArr; ; yr 3 l LOT ♦ f. �Z si• .. P. 1 1 BURDICK. 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S of Mts.. t • . . ,. +� 1 �c+..,_ • —• I: •• z1.2 _• Lot 1 (Z�t it .�.�♦. {. 1 ^C .�� •� •O• �-�``+���•tr(`•v trl • \Q �/E �_w� iSe Sy.P. t. 1L �lC �••TSe '�.�. t. 1t /1G • • C ',%`. s►-n��..w* �1\� �. HC�—_ N �--� ; Lot t `� . j{ z.i� n G s• "Q .• ..•^`` �"'�,� J' . i• • (�Y 7 _ ni tii t•7Z At R1 7t• �• �•ll 3 4o Jac ix C S.o S�.II. •2.90 �G • y j ' _� ;��, « ,. •' 4'1:?' a/ 0/ la • • •�T ��Pt1 S•.;4. 7.CO AC. T11 S•O 5�. ! a.P•!�Z �'1C :;'.off-.►.ia$. ( `;• ` '� • , •e++�_` �+,,t..��- •��� �.�t• 5'''' ,,: •• ill 1 • CITY O S ' !y CHANHASSEN is 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 22, 1989 1 - - Mr. B. C. Burdick 426 Lake Street Excelsior, MN 55331 ' Re: West 78th Street Detachment Project Burdick Park Second Addition Lot Access File No. 87-2 Dear Mr. Burdick: The plans and specifications for the West 78th Street detach.: ,nt 1 project are in the process of completion in order that constric- tion may be initiated this spring. We have reviewed your rep_iest that the service drive be centered on the section line betwee.: ' the James and Burdick properties. This was recently conveyer: to Mr. James and are awaiting his response to this request since this results in the net loss of four parking spaces on his site. In a related matter, please find enclosed two sketches indicating proposed lot accesses for the Burdick Park Second Addition. We would appreciate your review and comment concerning the preferred ' curb cut locations. Basically , the difference between the two alternates is the access for Lot 5. Alternate #1 shows access taken off of Picha Drive with a singular dedicated access for Lot 4 . Alternate #2 shows a shared driveway on West 78th Street cen- tered on the common property line between Lots 4 and 5. As noted above, the actual location of the cul-de-sac roadway is still subject to review by Mr.. James . The attached sketches do show the cul-de-sac centered on the section line. We have scheduled approval of plans and specifications for this project for the April 10 , 1989 City Council meeting . In ord,- r to remain on this schedule I would appreciate receiving any coin 2nts you may have on the proposed alternates no later than March 1 1989 . 1 1 ' March 22, 1989 Page 2 ' Thank you for your cooperation in this matter. If you have any questions, please call . ' Sincerely, ' + CITY OF CHANHASSEN G. Warren, P.E. s ngineer ' GGW:ktm Attachment: Lot Access Alternates ( 2 ) 11 cc : Bill Engelhardt (w/attachments ) Gary Ehret, BRW 1 ' !t =SEE:::::.. , -tG � iidif::::: . d I 1 #4.:::: :::::::::::::::.\ 1...NGe , • .0:::::::i:::::g:::::0.:::::::::::: .): _________ ilsel 01 t , e 1,1 eel� r i m II 0 r � 1 I 2 4 � 1 < s[ i <-----< I 1 111 4 0 —-----� I Cr.---- ...III I - = 1 „0 r : 3 I W. 78TH--{ STREET ,,c3d.... iii 41—-- '.– .- / '. / - ''-- t ______________ 1 1 , royal•:... .4- 1 1 ytt- c:oal■zcd. r. 4 / t / ilk 1 2 3 I ION 1 � _ / �� � 0 ADDIS I � �_ � �._� ` � � ARK' 2N _ / Ati, .1: '� - \ . y� DICK P GIC 1 3 • „ Q/44/ BUR 13 0 I ' �R. 1-4-8, „ 4 k i � ( � 4 S I / Il - -� -, ' 0140500 2 1 3; .-- ( • < i / 1i ; 5650090 _ �_ ' • • / ■ /1 / 2 N. \ , Ptt4U �R� r itiIt# , .--. . . I �'_' i North I G N. 5 ARr U 7i' EXISTING 1 �. „ M RD POND ,�� t 200 „i M I `ice - ii M. r• i MN - OM M �' - MN - r • > L - G�-�S --. ...---- - 1 , . , -.. • - flOf NGS / 0 I 1 ::t:: .:. --- _. _ ALL / I . T :::.:::::::::*::::::•:*„.....,:. et.:_..r � 1 I I . . m b.6> ck0 t 1 1. I / :2- r \ r ...a I L._ - - ' - - I y 1 r.. _. .......r_. ....... _., 1 1 . -, 6x _ocd" . 3 I 1 ii - v— - -1..\. V. 78TH STREET 1 { se`:.,. /, - -- � — - — Y J 1 - - =- - - - - c,..144.-sic. f , �-— —— — —*r - - - -— —77 ��._ 1` '- - - -- - - - Ioca1t... nC , f 1 1 r r _.. / ,� 1 2 3 OD`��QN 1 / ill _ r f K� 2NU A \ ..; . �, 1'/ RDIG O cK . •._.,. . ... ` BV , BL i PGa z -sq . Nl ° �� .�� � '9 4 5 i d , — ,��� . \ 2 �' _ �. ' ' 0140500 II 11.1 - /1 , , 5 650090 — .I 1 (^' Noah / 1 / 1 2 - P- , , ■ \ 5 1 , p,R� t EXISTING _ `` vRpl ( 1 - - I Zoo POND % . - .- , , I • 1 ` ` \ ` / n _ OM s • NW r • MN M OM NM • • • r UM r MI — MI I r • I -f <11,01 . JAMES I March 30, 1989 I 1 Mr. Gary Warren City Engineer City of Chanhassen 690 Coulter Drive ' Chanhassen, MN 55317 CERTIFIED MAIL-RETURN RECEIPT Dear Mr. Warren: I am in receipt of your letter dated March 21, 1989 regardiri; the proposed service road cul-de-sac options. ' Since I have a schedule conflict on April 10, that will take me out of state, I am sending my comments by mail and ask that this letter be made part of the official public record for the meeting on April 10, 1989. I find myself in a perplexing situation with regard to this proposed project. Mr. Burdick and I have previously agreed that: 1. The old West 78th Street would h? vacated in its entirety an,1 maintained as a private driveway entrance to our properties . 2 . Because the blacktop is not centered on the property line, we would cause the blacktop to be surveyed and would execute cross-easements, and to compensate Mr. Burdick for the general ' extend to which the blacktop is disproportionately located on his property (after vacation) . I would give him free of charge that portion of my property lying east of the ' connection point of the private drive with new West 78th. This piece of land is roughly triangular in shape (identified as "Outlot" on my Site Plan) and would give Mr. Burdick ' additional frontage cn West 78th. This was our agreement up until the point at which I received notice from the City that the City was undertaking the construction of a public street to provide access for Mr. Burdick. The City ____ T F James Company PO. Box 24137 Minneapolis Minnesota 55424 (612)828-9000 REAL ESTATE DEVELOPMENT 44-1'r> ®I JAMES Mr. Gary Warren March 30, 1989 Page 2 apparently feels compelled to provide alternate access to Mr. Burdick. Meanwhile Mr. Burdick, according to a phone conversation on March 29, is still fighting for a right-in, right-out from Highway 17. It is obvious that all parties to this project are not communicating clearly. In any event, should the City decide to proceed with this project, I am concerned about the following issues: , 1. Whether the street is centered on the section or the right- of-way, in my opinion, depends on whether the City intends to preserve the existing 70 ' easement. If not, if a new easement of 60 ' or less is proposed, then I think the road should be centered on the section line and the easement re-described. If the City intends to retain the existing easement, as is, then I think the road should be centered in the easement. 2 . Since the cul-de-sac will require a taking of my property in I any event, I would like to petition that the radius of the cul-de-sac be reduced to 40 ' (80 ' circle) since nearly all traffic will not be turning around in this circle, but continuing on to Mr. Burdick' s property or my property. 3 . Regardless of the feasibility of a smaller diameter circle, , I would ask that the road be extended 10 or 15 feet so that the cul-de-sac would be centered on my driveway. This would lessen the impact on my parking lot (see attached sketch) . I 4 . I note that the plans do not show how the connection will be made to 78th Street and how this will impact my driveway location. The driveway was located on the assumption that it would be a private drive on vacated R.O.W. , not a public street , entrance. I am willing to work with the staff on the geometrics of the connection and any land dedication that may be required, but I believe the plat will have to be revised. ' 5. Who is paying for this? The primary beneficiary is Mr. Burdick. Will this work be assessed? I have never been informed as to exactly how the costs will be covered. I _ JAMES ' Mr. Gary Warren March 30, 1989 Page 3 I ' Gary, I hope that you will review this letter prior to the Council Meeting and advise me of any solutions to the issues I have raised so that a consensus can be reached on the 10th. I would like to ' cooperate with you to get this matter resolved. Sincerely, ki` di ( 4 C arles Wm. James Vice President CWJ:bdh Enclosure MI 1 I i I 1 --1_ I I „ _, . . 1 I II - * ,y/- /// // - \ I / \ __ -1- LI- 52 PARKING SPACES =-,i1-- co u_ Iryj ,_ - , , . /"------ ■.t.j, - ___Th._ -tij ._ . 10) (c...(3. L- . ‹r -,c) ----■,_ i Iii ,--• ' -952.1 N ,,• cie2 u r).1- • Ni ,AN --r ,v4"11 1„, A-3 o• / 4 CS Pi \et)t) 51>\' 1 ......--..-_-.-7 --- _.,.../......... --. — -.....—..... .... ass...- . ......-.1., ..—.. / ..- - -- -1. - - - - - - 4 5 0.0 'tj s ......-,- \ ----- . G6 . , - I 15 R. ---9 0------'--- \. rC ■-; ',5/;-- 0 J - , I N 87 .41 „ 43- W , 1 ,, ,,,,..4101.11MOIMMIMONNWIIIIIP'110111111...11.111111•11111111. firaiN/MIN/a. MO 1101.111■10.1.11,01111•11=110 4WD 1 VI "."1" IMMO 4. 370.00 ---,.. - PRIVATE SERVICE 'BRI E. - Ej Li- re LI -- 4 51 - I-- ........sv / / , C.1 \ • / , I V_I \ , .. -... . . I r -----1 --, , 1-11 e, ,...-■ I „_•__. , ■ ... -- • - - -- „ I ■ A _ •P . 0 1 t_a 01% AkiOul-S — -V\)frv'e• • - I 2-io-81 I --- t,21 3 0: ,i 2 ' ap-noki /1_ NoR:rt, -:,, 1 VIES T.EJAMES REALESTATE DEVELDPMET\TT COMPANY PO. BOX 24137, MINNEAPOLIS, MINNESOTA 22. (6' ) 828-9000 0.0.0-",..1■••••••••^.--... .....- Ill_