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1m. Settlement for Brian Tichy II :LrY) , CITY OF "1::1! I I , , .�` , , ,_ t . 690 COULTER DRIVE •• P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 MEMORANDUM IITO: Don Ashworth, City Manager II FROM: Gary Warren, City Engin r '� 3�9 DATE: March 9, 1988 I SUBJ: Approval of Settlement for Brian and Nancy Tichy File No. 85-19A, Lake Lucy Road Improvements II This is an issue that pre-dates my tenure as City Engineer but which I have been involved with trying to settle over the past nine months. As the attached docu- mentation relates, the driveway access to Mr. Tichy's property located at 1471 Lake Lucy Road has been steepened as a result of the Lake Lucy Road improvements. II The driveway access was steep in the first place and as a result of our road construction was further steepened due to the need to meet state aid require- ments for vertical alignment. Unfortunately, the construction documents did not II properly address driveway transitions of this nature and as a result we have been working with Mr. Tichy to mitigate the situation. 1 After meetings in the field with Mr. Tichy, our Lake Lucy Road contractor improved his driveway approach in accordance with Mr. Tichy's request. After completion, Mr. Tichy informed us that this was not acceptable and the City further agreed to participate by providing him with fill material for his I contractor to utilize in further improvements to the driveway. Contrary to our understanding, this was still not satisfactory compensation in that Mr. Tichy has petitioned the City for reimbursement of his alleged costs to the tune of I $3,386.45. While not entirely satisfied with the scenario that has unfolded on this item, nonetheless I do support the $2,500 settlement that we have proposed to resolve II this matter once and for all. This is a reduced amount from his request which recognizes the fill materials which the City had earlier donated. Mr. Tichy is in agreement with this settlement. IIIt is therefore recommended that the City Council authorize a $2,500 disburse- ment from the Lake Lucy Road improvement fund for settlement of this claim I with Brian and Nancy Tichy contingent on them entering into a settlement agreement with the City for this claim. Attachments: 1. February 25, 1988 letter from Vesely, Miller & Steiner I 2. December 17, 1987 letter from Vesely, Miller & Steiner 3. December 1, 1987 letter from Grannis, Grannis, Farrell & Knutson 4. November 18, 1987 letter from Vesely, Miller & Steiner I I VESELY, MILLER & STEINER PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 400 NORWEST BANK BUILDING HOPKINS, MINNESOTA 55343 JERRE A. MILLER JOSEPH C. VESELY(RETIRED) JEREMY S. STEINER 612-938-7635 February 25, 1988 MA", 0 1 1'282 Mr. Roger N. Knutson GRANNIS, GRANNIS, FARRELL KNUTSON P. 0. Box 57 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 Re: Brian Tichy - Lake Lucy Road Dear Mr. Knutson: Mr. Tichy accepts your settlement offer of $2, 500.00. Please remit the City draft to my attention payable to Brian Tichy and Nancy Tichy. Thanks very much for your assistance. s// J 'You s very truly, %eA. 1 JAM/j w ' cc Brian Tichy 1 MAR X11988 CITY OF CHANh1AS5ttV , - 1 VESELY, MILLER & STEINER IPROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 400 INORWEST BANK BUILDING HOPKINS, MINNESOTA 55343 JERRE A. MILLER JOSEPH C. VESELY(RETIRED) IJEREMY S. STEINER 612-935-763S December 17, 1987 II I Roger N. Knutson , Esq. Grannis, Grannis , Farrell & Knutson 403 Norwest Bank Building I 161 North Concord Exchange South St . Paul , Minnesota 55075 Dear Mr. Knutson : The fill provided to Mr. Tichy by the City was not the result of any settlement agreement or some sort of accord and satisfaction but I merely a gratuity extended to him if he wished to use it to aid in repair of the condition in his premises left by the City' s boulevard construction. II The important feature for the City to grasp is that the road was raised to a level of 4 feet which is 3 feet beyond the representation _ concerning the proposed elevation leaving Mr. Tichy with an unmanage- Iable elevation on his driveway in the winter time. His previous roadway elevation was 8% and it has now been increased to I 15. 25%. This grade is unmanageable . His car went off the road during the last, modest snow storm , and he is out-of-pocket $3 , 386.45 in his attempt to renovate the mess left him by the City ' s work on the road. IThe elevation on his driveway now exceeds the maximum allowable in a FHA financed transaction which further diminishes the value of the property as a whole. IAs City Attorney I expect you will convey Mr. Tichy ' s offer to settle for $3, 386. 45 to the City Council and furnish me its response. At this point all he seeks to recover is the actual out-of-pocket loss Ithis project has caused him. Yo ery truly, I -/- ' : • 1- ' cc : Brian Tichy I r LAw OFFICES -- GRANNIS, GRANNIS, FARREI.L & KNUTSON I DAVIT) I.. GRANNIS- 1871-1961 PROFFSSI(1NAI. ASSO(IA1ION TLI E(.OPIER. DAVID L. GRANNIS,JR - 1910-1980 PrIST Or•FU:E Box 57 (612) 455-2359 VANCE B GRANNIS 403 NOR WEST BANK BUILDING; DAVID L. ILIRMF.YER M.CECILIA RAY VANCE B GRANNIS,JR 161 NORTH CONCORD EXCHANGE II o-rF B. KNP.TSCH PATRICK A. FARR El I. DAVID L. GRANNIS, III SOUTII ST. PAUL, MINNESOTA 55075 MI(UAEL J. MAYER ROGER N KNUTSON I TELEPHONE (612)455-1661 December 1 , 1987 II Mr. Jerre A. Miller II Vesely, Miller, and Steiner Norwest Bank Building Suite 400 IHopkins, Minnesota 55343 RE: Tichy - Lake Lucy Road Dear Mr. Miller: II I am legal counsel for the City of Chanhassen. The City I engineer has asked me to respond to your letter of November 18, 1987. The City initially restored your client' s driveway in accordance with the plans he approved. When the work was II completed in accordance with the plan he complained. To settle his complaint it was agreed that the City would give him 20 loads of clay and 5 loads of black dirt and that he would be responsible for completing the(iveway d pay" ng for it. I GR N , GRANNI , FAFRELL & NUTS.N, P.A. I yBX - /.■� ,�' Roger N. unu son RNK: sr> I cc: -Don Ashworth Larry Brown II Gary Warren I II DEC 0 2 1987 I CITY OF CHANHASSEN I a3a 9s11unn1IIeN1 VESELY, MILLER & STEINER 1861 6 T PION PROFESSIONAL ASSOCIATION L�'/"-t2 e-F �,.:7 .l.-t� ♦ry c. IPA a cau Gl ATTORNEYS AT LAW �� I N SS NtiH3 JO A11� SUITE 400 N❑RWEST BANK BUILDING HOPKINS, MINNESOTA 55343 JERRE A. MILLER I JOSEPH C. VESELY(RETIRED) JEREMY S. STEINER 612-938-7635 I C _ a `c« , November 18 , 1987 z. l/L e_l_/u,,. �', 1 Mr. Larry Brown , --,. � / t j Assistant City Engineer .0 �/ y— tceQ� CITY OF CHANHASSEN 3, 71 Gt <2tct_.G ,L e �� I 690 Coulter Drive -r� . / 6Ly'7`LL ��?.�zs� P. O. Box 147 �' « ,{ Chanhassen, MN 55317 ��LC,zI-� f -4, J . - Re: Tichy - Lake Lucy Road � ' c ,�' Dear Mr. Brown: � tom', �� C; I /`c zZ� ctc t. This office has been retained by Brian Tichy in connection £4.ithi�� the damages and expenses he has incurred by reason of an alleged I improvement to that portion of Lake Lucy Road which serves as access to his permises at 1471 Lake Lucy Road . • For reasons still unknown to Mr . Tichy, the road bed was raised Ivertically by four feet. This left his driveway access so steep, the bed of the driveway was actually lost to view when negotiating a turn into his yard and the resulting change in the I topography of his lot required timber walls to be constructed around existing trees, grading , landscaping and a major reconstruction to his driveway totalling out-of-pocket costs to him of $3 , 386 . 45 . IThe unfortunate thing about this so-called im n City ' s representation to Mr . Tichy initially be the I one foot increase in road bed height. He was totally unprepared for the City' s determination to increase the road bed by four feet in front of his driveway which, in addition to the I out-of-pocket costs he has incurred to repair this damage, has diminished the value of his property because of a difficult access now provided to him, the threat of on-coming vehicles when exiting from his driveway to Lake Lucy Road , increased I surface drainage into his front yard and the obvious problems snow and ice will cause him. I Demand is hereby made upon the City of Chanhassen to reimburse Mr. Tichy for the out-of-pocket damages he has sustained because._ I NOV 1 J 1987 CITY OF CHANHASSEN of the City' s involvement in this project and I urge your representative to contact me at an early convenience to discuss the reduction in value the project has caused Mr. Tichy' s real estate. Y,.ours v ry trul , Je r A L-Miller JAM/jw cc Brian Tichy i