3. TH 101 Update ..,
Hoisington Group Inc.
3
Actien by City Administrator
Land Use Consultants ' MEMO r .
Endorsed :q
' Modified
• ,. T o Rejected
. : Donald Ashworth , City Manager Date____________, '
,; From . Fred Hoisington , Consultant • Date Submitted to Commission I:"!'';
I .Subject Continuing Evaluation of TH 101 Alternatives
,, '.1 :...A,,i- i Date . 10-6 i.,
Date Submitted,to Council ',/,i"
,,....p,.i fi..
• The City has come a very long way with the evaluation of TH 101 , ,,;.;.,;,;
j : -alternatives in a relative short period of time The Council has ;,;-" l'',! -
I i•.`.• ii,i��:,;i,i;$electe'd 'two alternatives for further evaluation from a total `
is :_+; ii ?::j,,t1,. •4 ii ..:
1 seven i,
II • �:, ,,: ;,,i;,,.l,,�.;�.nyentory of or- eight s • It is important that a ''� ''r-' '�'
. ei ht alignment p .` !!: ,
' "`° !,,14"decision be made on either Alternative �'2 or ' 2A as soon as possible ;::1'11, °;r�.
;,because if Alternative 2 is to be constructed as part of the ' 'i ' ''''" ::
I ; j`+;;accelerated Hwy 5 improvements , it will be much more difficult and
■ !•perhaps impossible to implement Alternative 2A at a later date . H
iji;,,•The ; reason is that improvements will have to be made by MnDOT i'i :i;'.' I,,.;:
•I '+ during the initial construction phase (e g double left turn ',�
1 ,!;, ;f;;''�"'"!lanes) that will have to be redone later by the City }t'i ''
{,' ,!`"' 't'lii'!'{Market Boulevard. Y y to readapt to'
e ard. t .
I:
Based on the City Council ' s apparent agreement with the process
,,. ; I used to-date to screen TH 101 alternatives , we interpret that to
°ii'tl '' mean that the Council would be agreeable to a continuation of that ,, , .
process as a means to select the final alternative . We also
interpret the Council ' s decision to select two alternatives as one
which will leave the ultimate decision to external influences
Uincluding the guidance and direction of other public agencies .
While we are still in the criteria formulation phase, factors to
be considered in this second round of evaluation will likely 1 , '
include:
1 . Cost/cost recovery
1.
I ; , 2 . Property 'owner acceptance ,
3. MnDOT/County agreement
' - ' 4. Roadway geometrics ,
, 5. Proposed development plans •
' Other criteria may arise as we continue with the process but the
: { Council ' s suggestions would be most appreciated .
Because of the difficult schedule-, the Feasibility Study Team will
bring an evaluation to the City Council on October 24 to receive
approval for one of the remaining two alternatives . Thereafter ,
•the Feasibility Study will be completed to reflect the selected ` i ''
alternative. Of course , work is continuing at the present time to
-- meet the accelerated Hwy 5 construction schedule .
7300 Metro Blvd. .. , ';... }
Suite 525 x"'
Edina,MN 55435 - ,•'fit t
-- (612)835-9960 .• � _ ,.';t; i ,ny:4.'"( '+,.; ,.r=..!.4 ra°&
ttlwk+ae �
�•. .. . , -a•;•.,,�,;w, md'Gs-Y•„4 :� A .a@i.a#n:1aYl:vrl:e;i�r}��+ d � . ..
Manager' s Comment: I briefly discussed this item with Council
members who had attended the Carver County Board meeting Tuesday
night, October 4 , 1988 . I do not disagree that the Council had
strong support for Alternative #2 . However, the reason that I
had interjected into the conversation of two weeks ago was- to
alert the Council that Hennepin County/MnDOT/sources of revenue
could dictate whether we could realistically accomplish either
Alternative #2 or #2a. It is my firm belief that the City
Council acted to narrow the decision to either #2 or #2a. The
decision as to whether #2 could be selected as the interim route
with #2a being the eventual route was seen as desirable; however,
again, that decision may not be totally within our purview. '
Approval of the recommendation being made by Fred Hoisington/BRW
is hereby endorsed. '
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ACC'.
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' October 3, 1988
7425 Frontier Trail
' Chanhassen, MN 55317
' To: Members of City Council
Chanhassen, MN
II cc: Don Ashworth
Subject: 101 Realignment:
We all want to decrease 101 through traffic from 78th street,
encourage Highway 5 traffic to use Great Plains or Market
' Boulevards to enter the city, and straighten out 101 to the South.
I feel either alternative 2a or 6 will accomplish the above goals.
I am concerned about the following however:
1. What will be the time table for the improvement?
2. The residents of the apartment building(s) and the owner
were not present at the meeting and we need to hear their
concerns.
3. If 2 or 2a are chosen can the city find the necessary
funding of $2.8 million to $3.4 million by the time Highway
5 is upgraded?
4. Is one apartment S!29 needed (16 units - $800,000) or two
(40 units $1,800,000) and if so where will the tenants
' relocate.
5. Should option 6 ($1.9 million) be left open till the above
is resolved?
' 6. Can.the road be designed to encourage Highway 101 North
residents to come to the downtown for shopping?
7. Can the Market Boulevard intersection for 101 be completed
along with Highway 5?
The development sequence of 2a could be as follows: (assuming MDOT
agrees) . g
' 1. Route 101 to Highway 5 with minor realignment at Dakota
(cost is $600,000).
2. Re-route 101 from Dakota on Highway 5 to Market Boulevard.
3. Straighten out 101 from the South at Lake Susan to Market
Boulevard, $600,000.
4. Acquire needed right away (including apartments) and
straighten out Highway 5 North of Dakota, $1,300,000 to
$2,300,000.
OCT 8 '11988
CITY OF CHANhhASSLN
' II
-2
Highway 5 is going to be reality within two years. The 101 '
realignment plan should be maximized through coordination with
MDOT's Hwy 5 efforts. The Market Boulevard Section to the South
should not be put off till the future if the Land Owners and City
can agree on the new alignment. The City should also be realistic
about what we can and cannot do in the next two years north of
Highway 5. '
Sincerely,
'
Bradley C. Johnson
BCJ:js
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I FREDRIKSON & BYRON
JOHN P BYRON L80 G.STERN A PROFESSIONAL ASSOCIATION TED S.MEIKLE SANDRA YAEGER BODEAU
BERTIN A.BISBEE,JR. FREDERICK E.FINCH PATRICIA A.BE[THON MARY E.STRAND
JOHN M.PALMER THOMAS W GARTON MICHAEL A.TAITTIPO LYNN M.GARDIN
RICHARD R.HANSEN JOHN A.SATORIUS LINDA C.SCHWARTZ JOHN F WORM
I
JEROME B.PBDERSON MICHAEL A.STERN 1100 INTERNATIONAL CENTRE JAMES B.PLATT DANIEL J.MAERTENS
ROBERT G.WEBER NEIL A.WEIKART 900 SECOND AVENUE SOUTH DAVID P BUNDE SUSAN J.HARDMAN-CONKLIN
ROBERT P SANDS WILLIAM J.BRODY FAYE KNOWLES NANCY I.ONKKA
RONDA P BAYER
KEITH A.LIBBEY JOHN H.MERKLE MINNEAPOLIS,MINNESOTA 55402-3397 GREGORY P KAIHOI
ROBERT B.WHITLOCK THOMAS S.ERASER SHARON K.PRBIHR BRADLEY P L.SYVERSON
RAYMOND M.LAZAR JOHN A.GRIMSTAD TELEX 290569 FREDRIKSON MPS ROBERT K.RANUM STEVEN N.BECK
THOMAS R.KING ERIC S.ANDERSON HAL B.MORGAN ANN M.LADD
JOHN H.STOUT DAVID R.BUSCH TELECOPIER 1612) 347-7077 MARY S.RANUM NANCY D.ERBE
JAMES L.BAILLIE DAVID C.GRORUD TELEPHONE {612) 347-7000 LARRY D.HAUSE MARY ANNE COLOVIC
I
WILLIAM 1.KAMPF KONRAD J.FRIEDEMANN CLINTON E.CUTLER JOAN H.KLEIN
R.BERTRAM GREENER LARRY J.BERG RANDY B.EVANS CATHERINE A.RUDENICK
WARREN E.MACK JOHN J.ERHART WRITER'S DIRECT DIAL SHHVA J.SANDERS GREGORY G.FREITAG
JOHN L.POWERS JOHN G.KOST MARY P BAUMAN VICKI C.KRUEGER
CHARLES F DIESSNBR KATHLEEN A.HUGHES SHEILAH E.FOLEY DAVID R.MARSHALL
QUENTIN T.JOHNSON JOHN M.KONECK ROBERT C.BOISVRRT,JR. ROBERT J.STEWART
TIMOTHY M.HEANEY THOMAS R.WILHELMY SIMON C.ROOT
JAMES R.HALLER PAUL L.LANDRY -
ROBERT H.ZALK KENT G.HARBISON ( 612) 347-7004
WELLS J.WRIGHT)1912-1985)
October 6 1988 COUNSEL
/ HAROLD M.FREDRIKSON KARL F DIESSNER
EARL F COLBORN,JR.
I
Mr. Donald Ashworth Council Member Jay Johnson
I City Manager 7496 Saratoga Drive
City of Chanhassen Chanhassen, MN 55317
690 Coulter Drive
I P.O. Box 147
Chanhassen, MN 55317
✓' Mayor Tom Hamilton Council Member Bill Boyt
440 Chanview 7204 Kiowa Circle
Apartment #9 Chanhassen, MN 55317
Chanhassen, MN 55317
Council Member Dale Geving Mr . Fred Hoisington
7602 Huron c/o City of Chanhassen
I Chanhassen, MN 55317 P.O. Box 147
Chanhassen, MN 55317
Council Member Clark Horn
I
7608 Erie Avenue
Chanhassen, MN 55317
Re: Highway 101 Realignment
Gentlemen:
IWe represent Blue Circle Investment Company. As you know,
Blue Circle is the owner of a strip shopping center in the City
of Chanhassen which will be significantly impacted by the
I decision regarding relocation of Trunk Highway No. 101 .
Utilization of what has come to be, called the "Market Boulevard
Option" (Plan 2 A) , which will divert Trunk Highway No . 101
I from its current position adjacent to Blue Circle ' s project,
will dramatically reduce the amount of traffic flow running
adjacent to Blue Circle ' s property. The Market Boulevard
I Option would destroy the economic viability of the Blue Circle
project by depleting the traffic flow and, in so doing,
creating circumstances under which the anchor tenant of the
project would be entitled to terminate its lease.
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FREDRIKSON & BYRON
II
A PROFESSIONAL ASSOCIATION
October 6, 1988 I
Page 2
Blue Circle has requested us to review and analyze the
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legal consequences of the implementation of the Market
Boulevard Option. Specifically, we have analyzed the issue of
whether such action would result in a taking for which the City
II
of Chanhassen would be obligated to compensate Blue Circle.
Based on our analysis of the situation and our legal research
into Minnesota eminent domain law, we have concluded and I
advised our client that such a diversion of the traffic would
result in a taking as defined under condemnation law. As a
result of this taking, the City of Chanhassen would be
obligated to pay damages to Blue Circle for the decrease in the
II
value of its property. .
We have advised our client that utilization of the Market
I
Boulevard Option will create a claim based upon estoppel . When
Blue Circle initially investigated and planned their project,
it worked very closely with city planning officials . The II explicit assumption throughout that lengthy planning process
was the trunk highway 101 would not be relocated. In fact ,
Blue Circle altered the location of its access points in order
to accommodate the planning department ' s concern over the
I
presence of trunk highway 101. The adoption of the Market
Boulevard Option would negate the representations, approvals
and instructions given by the City planning staff to Blue II Circle at the time the project was built . In a very similar
case, the Minnesota Court of Appeals required a municipality to
pay for damages incurred by a party who had relied on previous II approvals, instructions and representations when the
municipality subsequently reversed its position.
We acknowledge that we are not city planning experts ,
II
traffic engineering consultants nor do we pretend to know what
is best for the City of Chanhassen. However, we believe that
the City of Chanhassen will be obligated to pay damages to Blue
I
Circle in the event it elects to utilize the Market Boulevard
Option. The cost of these damages should be considered in
evaluating the various options . We suggest the City of II Chanhassen opt against utilization of the Market Boulevard
Option and adopt Plan 2 which is currently being considered as
it will be in accordance with the previous planning process and
procedures which call for Highway 101 to be located at the West
II
side of Blue Circle ' s property.
Thank you very much for your consideration of this letter .
Sinc- = yours II, j_t.
c"Zid
I
Bertin A. Bisbee, Jr .
BAB/BPLS/sb I
- t
I FREDRIKSON & BYRON
JOHN P BYRON LEO G.STERN A PROFESSIONAL ASSOCIATION TED S.MEIKLE SANDRA YAEGER BODEAU
BERTIN A.BISBEE,JR. FREDERICK B.PINCH PATRICIA A.BEITHON MARY B.STRAND
j JOHN M.PALMER THOMAS W.GAATON MICHAEL A.SCHWARTZ LYNN M.GARDIN
ri RICHARD R.HANSEN JOHN A.SATORIUS LINDA C.SCHWARTZ
JEROME B.PEDERSON MICHAEL A.STERN 1100 INTERNATIONAL CENTRE JOHN P WORM
JAMES B.PLATT DANIEL J.MAERTENS
I ROBERT G.WEBER NEIL A.WEIKART 900 SECOND AVENUE SOUTH DAVID P BUNDB SUSAN J.HARDMAN-CONKLIN
ROBERT P.SANDS WILLIAM J.BRODY PAYE KNOWLBS NANCY I.ONKKA
KEITH A.LIBBEY JOHN H.MERKLE MINNEAPOLIS,MINNESOTA 55402-3397 GREGORY P KAIHOI RONDA P BAYER
ROBERT B.WHITLOCK THOMAS S.PRA58R SHARON K.PRHIBR BRADLEY P L.SYVBRSON
RAYMOND M.LAZAR JOHN A.GRIMSTAD TELEX 290569 FREDRIKSON MPS ROBERT K.RANUM
HAL H. STEVEN N.BECK
THOMAS R.KING ERIC S.ANDERSON S.RANUM ANN M.LADD
TELECOPIER(612) 347-7077 MARY S.RANUM
JOHN H.STOUT DAVID R.BUSCH NANCY D.HRBB
JAMES L.BAILLIH DAVID C.GRORUD TELEPHONE (612) 347-7000 LARRY D.HAUSB MARY ANNE COLOVIC
I WILLIAM I.KAMPF KONRAD J.FRIEDEMANN CLINTON B.CUTLER JOAN B.KLEIN
R.BERTRAM GREENER LARRY J.BERG RANDY B.EVANS CATHERINE A.RUDBNICK
WARREN B.MACK JOHN J.ERHART WRITER'S DIRECT DIAL SHEVA J.SANDERS
GREGORY C. G.FRBITAG
JOHN L.POWERS JOHN G.KOST MARY P BAUMAN VICKI C.KA RS HR
CHARLES P DIESSNER KATHLEEN A.HUGHES ROBERT H E.POLBY DAVID R.MARSHALL
QUENTIN T.JOHNSON JOHN M.KONECK
ROBERT C.BOISVERT,JR, ROBERT J.STEWART
TIMOTHY M.HEANEY THOMAS R.WILHELMY SIMON C.ROOT
JAMES R.HALL PAUL L.LANDRY
I ) 3 4 7-7 0 0 4
ROBERT H.SALK KENT G.HARBISON (6 1 2
WELLS J.WRIGHT 0912-1985
October 6 19 8 8 COUNSEL
� HAROLD M.FAHDRI RSON KARL F DIESSNER
EARL F.COLBORN,JR.
✓Mr. Donald Ashworth Council Member Jay Johnson
II ' City Manager 7496 Saratoga Drive
City of Chanhassen Chanhassen, MN 55317
690 Coulter Drive
P.O. Box 147
11 ' Chanhassen, MN 55317
Mayor Tom Hamilton Council Member Bill Boyt
I440 Chanview 7204 Kiowa Circle
Apartment #9 Chanhassen, MN 55317
Chanhassen, MN 55317
ICouncil Member Dale Geving Mr. Fred Hoisington
7602 Huron c/o City of Chanhassen
I Chanhassen, MN 55317 P.O. Box 147
Chanhassen, MN 55317
Council Member Clark Horn
I 7608 Erie Avenue
Chanhassen, MN 55317
IRe: Highway 101 Realignment
Gentlemen:
I We represent Blue Circle Investment Company. As you know,
Blue Circle is the owner of a strip shopping center in the City
of Chanhassen which will be significantly impacted by the
I decision regarding relocation of Trunk Highway No . 101.
Utilization of what has come to be called the "Market Boulevard
Option" (Plan 2 A) , which will divert Trunk Highway No. 101
I from its current position adjacent to Blue Circle ' s project,
will dramatically reduce the amount of traffic flow running
adjacent to Blue Circle ' s property. The Market Boulevard
I Option would destroy the economic viability of the Blue Circle
project by depleting the traffic flow and, in so doing,
creating circumstances under which the anchor tenant of the
project would be entitled to terminate its lease.
I
FREDRIKSON & BYRON
A PROFESSIONAL ASSOCIATION
October 6, 1988
Page 2
Blue Circle has requested us to review and analyze the ,
legal consequences of the implementation of the Market
Boulevard Option. Specifically, we have analyzed the issue of
whether such action would result in a taking for which the City
of Chanhassen would be obligated to compensate Blue Circle.
Based on our analysis of the situation and our legal research
into Minnesota eminent domain law, we have concluded and
advised our client that such a diversion of the traffic would
result in a taking as defined under condemnation law. As a
result of this taking, the City of Chanhassen would be
obligated to pay damages to Blue Circle for the decrease in the
value of its property.
We have advised our client that utilization of the Market
Boulevard Option will create a claim based upon estoppel . When
Blue Circle initially investigated and planned their project,
it worked very closely with city planning officials . The
explicit assumption throughout that lengthy planning process
was the trunk highway 101 would not be relocated. In fact,
Blue Circle altered the location of its access points in order
to accommodate the planning department ' s concern over. the
presence of trunk highway 101. The adoption of the Market.
Boulevard Option would negate the representations, approvals
and instructions given by the City planning staff to Blue
Circle at the time the project was built . In a very similar
case, the Minnesota Court of Appeals required a municipality to
pay for damages incurred by a party who had relied on previous
approvals, instructions and representations when the
municipality subsequently reversed its position.
We acknowledge that we are not city planning experts ,
traffic engineering consultants nor do we pretend to know what
is best for the City of Chanhassen. However, we believe that
the City of Chanhassen will be obligated to pay damages to Blue
Circle in the event it elects to utilize the Market Boulevard
Option. The cost of these damages should be considered in
evaluating the various options . We suggest the City of
Chanhassen opt against utilization of the Market Boulevard
Option and adopt Plan 2 which is currently being considered as
it will be in accordance with the previous planning process and
procedures which call for Highway 101 to be located at the West
side of Blue Circle ' s property.
Thank you very much for your consideration of this letter .
Sinc yours,
1
Bertin A. Bisbee, Jr.
BAB/BPLS/sb 1
CITY OF
A CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
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1 MEMORANDUM
TO: Don Ashworth, City Manager
1 FROM: Jo Ann Olsen, Asst. City Planner
1 DATE: October 5 , 1988
SUBJ: SuperAmerica Conditional Use Permit
1 Staff has discussed with a representative from SuperAmerica the
possibility of SuperAmerica providing an underground tank to be
used as a receptacle for used oil. The representative discussed
this option with other members from SuperAmerica to determine
whether or not it would be a possibility. SuperAmerica is
willing to discuss accepting used oil at the subject site with
the Council during the City Council meeting.
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