2. Access to Water Tower Murray Hill Rd ,x , ., ___ •
CITY OF
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, , „, ' ClIANHASSEN
. , ,.., ,
.„,,.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900
MEMORANDUM
ITO: Don Ashworth, City Manager - l.f,//
:-I FROM: Gary Warren, City Engineer ,
DATE: January 21, 1988
I SUBJ: Proposed Access to Water Tower off Murray Hill Road
File No. PW024
I The City owns and operates a 200 ,000 gallon elevated water
storage tank on the south 110 feet of Lot 31 , Murray Hill sub-
, division. The elevated tank was constructed in 1972 and serves
as the only water resevoir supply for the northwest portion of
I the City. As shown on Attachment No. 2 from the tower construc-
tion plans , the City acquired the total width of Lot 31 in order
that the service access to the water tower could be taken off of
IMurray Hill Road from the east.
In 1984 , the Pleasant Hill subdivision road construction was
1 completed with the extension of Murray Hill Road south of Melody
Hill Road dedicated as a public street. In addition, the
Development Contract called for the developer (Curtis and Kathe
Ostrom) to donate to the City a perpetual 10-foot wide easement
I for a pedestrian trail system along the east line of Lot 5 and
the south lines of Lots 3 and 4 ( Attachments No. 3 and 4) .
I Prior to the construction of the extension of Murray Hill Road in
1984 , the only access to the site was from the west, across the
Minnetonka School District property. Utility personnel have
experienced difficulties , particularly during the winter with
I this route, since snow drifts into this open area quite readily.
At present we only have a verbal agreement with the School
District for use of their property.
IOn the average, our service personnel visit the water tower two
to three times per week to see that everything is working pro-
f perly. The most critical time for being able to access the ele-
vated tank is during the winter months when equipment
malfunctions are more likely and the freezing temperatures can
pose potentially hazardous tank operating conditions .
IIt is therefore our intent to utilize City property as originally
planned, to construct a "driveway" access from Murray Hill Road
I
II
D on Ashworth
rth
January 21, 1988
Page 2
to the water tower site. The driveway location would be selec-
tively
placed such that none of the living 50-foot pine trees
would be disturbed. Our intent would be to favor the northerly
side of the City' s lot as proposed in the original construction
plan (Attachment No. 2 ) . Installation of this access would be on
City property, thereby releasing us from the vulnerability of the
verbal agreement with the School District. The east access also
is more sheltered and as a result does not encounter such extreme
snow conditions . If this access is not allowed, I would suggest
that the City consider selling the east 200 feet ( z acre) of this
property and use these funds to acquire a formal roadway- easement
for the westerly route and improve this access road as best as
possible to facilitate better winter access to the water tower.
In a related matter, the pedestrian trail easement which was to ,
be provided by the developer along the east side of Lot 5 and the
south side of Lots 3 and 4 ( see Attachment No. 3 ) has not been
provided to date. Mr. Ostrom has indicated a desire to instead
provide the easement along the east and north side of Lot 6 since
this lot has not been sold as of yet. If the City were to
accept Lot 6 trail easements in lieu of Lots 3 , 4, and 5 , this
would not provide a through trail to the school property as
planned unless it continued across the City' s water tower site.
Without the access through Lot 31 , the City should hold to the
requirement for trail easements along Lots 3 , 4 , and 5 which in
all praticality provides the most direct route to the school pro-
perty and buildings .
To briefly address the other comments raised in Mr. Ostrom' s
letter of December 7 , 1987 (Attachment No. 5 ) , the water tower is
a permitted use in the RSF single family residential district and
falls into the category of utility services [ Section 20-612 ( 5 ) ] .
City service truck "intrusion" would be limited to a pick-up
truck visiting the site on the average of two to three times per
week and would be no more intrusive than the City snowplows which '
I am sure are a welcome site when they visit the area. The mix
of motorized traffic with pedestrians is no different than any
other traveled street in the residential community and, in fact,
our current access may pose more of a safety hazard for children
since we travel across Melody Hill Road and a portion of the
soccer playfield for the school. Lastly, the Development
Agreement cited by Mr. Ostrom applies specifically to his deve-
lopment. Our intentions are however to limit the width of our
access driveway to the bare minimum to accomodate our utility
vehicles and avoid removal of any of the 50-foot pine trees. 1
Unless the Council chooses to act otherwise, we will proceed with
installation of the water tower access driveway from Murray Hill
Road as planned.
I
' Don Ashworth
' January 21, 1988
page 2
' Attachments : 1 . Site Map
2 . Construction Plan Excerpt
3 . Feature Map
4 . Page 8 of the Pleasant Hill Development Contract
5 . Letter from Curtis Ostrom dated December 7 , 1987
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CONTRACTOR SH•LI.
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e-shaping said streets because of snow plowing operations if
they are requested.
5 . 07 . Street Signs . All street name and traffic signs
required within the plat at the time of City acceptance shall be
furnished and installed by the City at the sole cost of the
Developer .
5 . 08 . Covenants and Restrictions . Covenants or
' restrictions to be placed upon the lots in the subject plat shall
be prepared by the Developers and shall be approved by the City
prior to recording with the County Recorder . The Covenants and
Restrictions shall be approved if they are consistent with the
' requirements of this agreement. The zoning ordinances and regula-
tions of the City shall govern if inconsistent with said covenants
and restrictions to the extent actually inconsistent; but if not
' inconsistent therewith, the standards contained in said covenants
and restrictions shall be considered as requirements in addition
to said City ordinances and regulations . The City shall be held
harmless in the event any disputes occur involving covenants and
restrictions .
5 . 09 . Setting of Lot and Block Monuments . Developer shall
' place iron monuments at all lot and block corners and at all other
angle points on boundary lines . Iron monument placements shall be
verified after construction of improvements has been completed
in order to preserve the lot markers for future property owners .
5. 10 Trail System.
' a. The Developer shall donate to the City a perpetual
ten ( 10 ) foot wide easement for a pedestrian trail system
along the east line of Lot 5 and the south lines of Lots 3 and 4.
Trail construction shall be limited to the area directly abutting Y
the property lines of the plat and only deviate as required to /�'
save mature trees . The obligation to furnish and install the
' surfacing and to maintain the system shall be solely that of the
City. In no case shall the trail be constructed to a width
exceeding six feet.
SECTION 6 RESERVED .
SECTION 7. ENFORCEMENT PROVISIONS .
' 7. 01 . Reimbursement of Costs . The Developer shall reim-
burse the City for all costs , including reasonable engineering,
legal , planning and administrative expenses incurred by the City
in connection with all matters relating to the administration and
enforcement of the within agreement and the performance thereby by
the Developer . Such reimbursement shall be made within fourteen
' ( 14 ) days of the date of mailing of the City 's notice of costs .
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,4 r84' _ /a. y.
_°t ' , , 6480 Murray Hill Road -
'�..,r -„ Excelsior, MN 55331
,;, : Curtis R. Ostrom
,�. Kathe Ann Ostrom (612) 474-9541
December 7, 1937
II
TO: City of Chanhassen Council I
FROM: Curtis R. Ostrom
SUBS: Proposed access to water tower off hurray Hill Rd. II
Eac'raroand I
We bought our -property because of the dense woods and pri vac,•.
This is a very unique parcel of land with huge specimen manic
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trees and 50' pine trees lining the driveway into our property.
The Council meeting of October 19, 1981 stated, " The applicant
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shall design access to the north, (the driveway to our property),
in a manner that will preserve as much of the existing vegeta-
tion as possible."
We have maintained control so trees and vegetation were not cut II
down except for the residential buildings. Eacn b .iildi zr- site
was carefully designed to create desirnole wilding sites. II
removed as few trees as possible to maintain the special cher c-
ter of this property.
We requested control of the road so matters such =s tl,iL could II
not become n problem, but we were forced to give t - roaa and
improvements to tho city at our ex',ense.
' 'Zonin g ordinance a. 7 section 7
11-1 single family residential district.
7.02 Permitted uses - no buildings or land shall he need exccpt
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for the following use; single family dwellings.
7.04 Uses by conditional use permit
• .; ` ' 1. parks and recreational areas
2. non profit schools
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- - - 3. administration offices, libraries, public sefety buildings
and pieces of assembly.
Pedestrian Way 7 is a public or private right-of-way within or II
"'-` across• a block to provide access for pedestrians and which may be
- " used for utilities.
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Development. agreement states, The developer 's11a:1 donate to ti.,;'-1 ,---,4- ,4,v2:,,,
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city a pernetual ten foot wide easement for a-pedestrian trail
II system. Trail construction shall be limited to the area directly
abutting the property lines of the plat and only deviate as re-
,;.;,-e,
. quired to save mature trees. In no case nhall' the trail be con- 1.,-i- e eeleet.
s t ru,:,L e d to a width exceeding six feet.
II Comments . _
ze
::- eseee
----eree
. .. , ..•I'L:'.'
We have built six homes in the 000,000 price range. Every person-e -':'
II in•the area objects to this proposed access, even the homes we
did not build. We object to the proposed access to the water
tower from Murray Hill Road for the following reasons; e _
II 1. Non-conforming use r a R-1 zoning . _
2. Preeont access is through school property, anon residential
area.
5. Damage to existing trees and veeetation
II 4. City service eruce-.8 intruding on a private residential area
on a daily oasis when it's not necessary
5. Mixing motorized traffic with a pedestrian way is a safety
II hazzari non-conforming to the ordinance
6. The intent of the development agreement for the area limits
the nedestrian path to eix fnet.
IIThaneyou !for :Jeer consideration in this matter.
II
Sincerely,
II
) I ,,.■""")I 1
4.-
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Curtis .1 . Ostrom
eveloper/reeident
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