3. Vacate a Portion of Dogwood Rd Abutting Woodcres Addition and Triple Crown Estates, CITY OF
CHANHASSEN
J I
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MJNNESOTA.„, 53
Y '_ (612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
ate Scarti.?: !o
FROM: Barbara Dacy, City Planner ANJ
ate Sa
DATE: September 8 , 1988
SUBJ: Request to Vacate a Portion of Dogwood Road Abutting Woodcrest
Addition and Triple Crown Estates, R & R Land Ventures
BACKGROUND
On September 8 , 1986 , the City Council vacated the southerly 20 feet
of Dogwood Road abutting the Triole Crown Estates subdivision.
Dogwood Road was originally platted as part of the Carver Beach sub-
division. At time of platting for the Triple Crown Estates plat, it
was necessary to vacate the southerly portion of Dogwood Road in order
for the plat to be properly filed.
ANALYSIS
The Woodcrest Addition recently approved by the City Council has a
similar circumstance in that the lots which it contains abut the
northerly half of Dogwood Road. In order to record the plat and
include the portion of the vacated roadway as part of the lots, a
similar vacation resolution must be approved by the Council.
Utility lines do not exist in this area, however, as was done in the
Triple Crown Estates plat, a 20 foot drainage and utility easement
should be reserved for drainage or other utility purposes.
RECOMMENDATION
It is recommended that the City Council approve Vacation Request
#88- vacating the portion of Dogwood Road abutting Lots 2810-2847,
subject to retaining a 20 foot drainage and utility easement in
the aforementioned lots .
ATTACHMENTS
1 . City Council minutes dated September 8, 1986 .
2 . Map showing proposed area to be vacated.
3 . Triple Crown Estate and Carver Beach Map showing Dogwood Road
right-of-way.
i City Council Meeting - September 8, 1986
VISITOR PRESENTATION:
Conrad Fiskness, Chanhassen Estates, 3300 Cheyenne: As President of the Riley
Purgatory Watershed District, he wanted to thank Bill Monk for the services to
the City of Chanhassen and the relationship to the Watershed District. They
have been very pleased with the relationship with Bill Monk and expressed his
word of thanks. Secondly, he attended the public information meeting of SWAT,
jc Southwest Area Transit. He stated as far as he understood originally and the
information from the meeting, the premise was to reduce taxes and reduce the
burden on the taxpayer that was placed by the MTC. That seems to have been
eliminated by the Legislature so that now the same amount is going to be
levied and it we don't use it all, the balance goes back to them. Therefore,
the premise becomes one of increase service for the same amount of money. He
stated he had some reservations. Route 54 has reinforced those reservations.
He didn't think it had materialized if, in fact it maybe hasn't ceased. Since
taxes can't be reduced with that money going to the MTC, he picked up the
statement at the meeting that we will have to sell the idea of increased
services. He felt uncomfortable with the idea that a public agency would be
taxing the taxpayers and then turning around and using them. A significant
portion of that money to sell the idea back to the people in the area where it
is located. He seriously doubted and the idea of inbound service to various
areas here in the Chanhassen/Eden Prairie area sounds good but when you have
a situation where there is free parking at destination, you aren't going to
get an overwhelming support use of that service. People who live out in the
suburbs move there, live there, recognizing the fact that you are going to have
to have wheels of your own to get somewhere so the reliance on public
transportation to get around within your surburban setting seems to be, in his
opinion, minimal. As he thought about it, he finds himself in the position of
urging the Council to consider that the Legislature will cut you off at the
pass and maybe it is time to go onto another challenge.
LIC HEARING:
VACATION OF DOGWOOD AVENUE RIGHT-OF-WAY, TRIPLE CROWN ESTATES.
,A ,rt Barbara Dacy: Very briefly, the City Attorney has asked us to bring this to
the Council's attention. There is a 20 foot right-of-way platted along the
} Carver Beach Plat and the Triple Crown Estates Plat, 20 feet of what is known
on the Carver Beach Plat as Dogwood Avenue. To make a long legal story short,
this action tonight would be to vacate that right-of-way and to insure that it
is properly vacated by the City so that the land underneath can be contained
legally inside the Triple Crown Estates property as approved by the Council
last year. What we are recommending as a condition of approval is a retention
of a 10 foot utility easement along the rear of the lots in the Triple Crown
Estates plat, Lots 1 through 10 of Block 1. If you would like me to elaborate
that is fine but in the interest of time.
Councilwoman Watson: It says in here that the County never really knew that
we had it, is that right? So we are vacating what really isn't there?
Barbara Dacy: Yes, at first we thought it was dedicated and it was vacated.
Then we found out it was not vacated and the Carver County Examiner of Titles
came back and said we don't feel this property is dedicated, so we presented
2
i
City Council Meeting - September 8, 1986
this to Mr. Knutson and he said go ahead with the vacation anyway.
Councilwoman Watson: Just in case at some point it was sort of dedicated.
Councilman Geving moved, Councilwoman Watson seconded to close the Public
Hearing. All voted in favor and motion carried.
Resolution #86-68: Councilman Geving moved, Councilwoman Watson seconded to
adopt the resolution for vacating Dogwood Avenue with the one condition that
the City retain the 10 foot utility easement on the final plat. All voted in
favor and motion carried.
ASSESSMENT HEARING FOR CREEKWOOD DRIVE STREET IMPROVEMENTS AND APPROVAL OF
ASSESSMENT ROLL.
Bill Monk: It is an assessment hearing. Last year the City Council
authorized construction of a street improvement on Creekwood Drive from TH 101
to the west terminous of the public portion of the street as shown on this
map basically bounded on the north by Halla Nursery. The road does service
numerous single family residences as well as the Bluff Creek Golf Course.
Improvements were completed last year. Final payment was made, I believe in
November. This is the section of street that was actually improved. Again,
from TH 101 following the existing gravel alignment, grading took place by
City crews and then pavement was placed. To keep the cost down, most of the
work was done in-house except for the paving itself. The final costs are
1_ listed in the report, $14,839.95. Those total costs were broken up as per the
feasibility study to on-line and off-line assessments. On-line units being
Mr. Anderson, Mr. Sabinske and the Halla Nursey property. Between them the
Halla property was assessed four on-line units whereas Anderson and Sabinske
properties were assessed one residential unit. The property on the corner is
so low over here and the soils are so bad, the decision was made as part of
the feasibility study that no assessment would be proposed in this corner of
the site. Off-line assessments were given to the six residences on Mandan,
the five single family units on Bluff Creek on the private section as well as
the golf course. Project costs broke down to $269.82 per off-line unit and
$539.62 per on-line unit with the golf course being assessed a number of off-
line units for a total assessment of $8,634.24. Again, Halla Nursery got four
on-line units or $2,158.48. It is proposed that the project be 100% assessed
to the total cost of almost $15,000.00. Further, that the assessment be
spread over a 5 year term at a 9% interest rate. The 9% interest rate is
based on the results of the bond sale that the City recently carried out to
fund a number of projects in town. This being one. With that I guess I will
answer questions that the public or Council may have. This is a public
hearing.
Mayor Hamilton stated it looked like a good project. Councilman Geving asked
if the City had any written appeals from any of the people to be assessed.
Bill Monk stated that the only written thing is a roller did go over Mr.
Sabinski's driveway and caused some damage and the City Engineer was
processing the claim right now. As far as the assessments go, there had been
no written comments.
3
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