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HomeMy WebLinkAbout8.b. Order Project/Authorize Plans & Specifications for Chippendale/CSAH 42 Street and Utility Improvements, City Project #344CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: May 6, 2003 AGENDA ITEM: Order Project /Authorize Plans & Specifications- Chippendale /CSAH 42 Street & Utility Improvements, City Project #344 AGENDA SECTION: Old Business PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGEN ATTACHMENTS: Resolutions APPROVED BY: Cost Estimate Summary Letter from City Attorney BACKGROUND: The public improvement hearing for the above project was held on April 17, 2003 with a motion passed by a 3 to 2 vote and declared passed. As this project is a City initiated project and special assessments are proposed to be levied, in accordance with Minnesota Statues Chapter 429, a four -fifths vote is required to order the project. The attached letter from the City Attorney addresses this item and notes that if Council considers adoption of an identical resolution with a four -fifths vote, the project can proceed as a 429 - improvement project with the levy of special assessments. With Council Member Shoe - Corrigan's scheduled absence from the May 6, 2003 meeting, four yeas votes will still be required to adopt a the attached resolution ordering the project. Following the public improvement hearing and as part of Council discussion of the item, several concerns with the proposed improvements were identified. In response to those concerns, staff and the City's consultant engineer for the project have prepared additional information for Council consideration. ISSUES: • Does Chippendale Avenue between 145th Street and 149th Street need to be widened to 44 feet to accommodate a center turn lane? As presented on April 17, 2003, the 20 -year projected traffic volumes for this segment of Chippendale Avenue justify the construction of a 3 -lane section. It was noted that the traffic counts that the 20 -year projected traffic volume were based on were conducted in August of 2002. New counts are currently being conducted on this segment of Chippendale Avenue and will be presented to Council at the meeting. In addition to this, it was noted that from 1998 to 2002, police records indicate that there have been approximately 40 accidents reported on this segment of Chippendale Avenue; however, detailed reports for these accidents were not yet available. Upon further review of the detailed accident reports, it has been determined that 4 of the accidents reported for this segment of Chippendale Avenue were rear end collisions involving vehicles making left turns from Chippendale Avenue. • Chippendale Avenue between 145th Street and 149th Street should be milled and resurfaced with an overlay. The milling and resurfacing of this segment of Chippendale Avenue with an overlay could be expected to provide an additional 5 to 10 years of life to the road surface with a full reconstruction then being required. The milling and resurfacing of this segment of Chippendale Avenue would require the replacement of damaged concrete curb and gutter and the removal and replacement of severely deteriorated sections of the street. As with a full reconstruction project, project costs associated with the milling and resurfacing of a street are typically assessed to adjacent properties. Assessments for milling and resurfacing projects are based on 35 percent of the project costs. • Median opening on Chippendale Avenue at the driveway to Chippendale Partners property. The maintenance of a median opening at the driveway to the Chippendale Partners property on the east side of Chippendale Avenue between CSAH 42 and 151 Street was discussed on April 17, 2003. As noted at the meeting, projected traffic volumes for this segment of Chippendale Avenue warrant the construction of a full median with no opening; limiting access at this driveway to a right -in / right -out. The construction of a median at this location with a median opening can be accommodated; however, an agreement should be reached with the property owners as to when the closure of the median opening will be completed based on predetermined parameters. PROJECT OPTIONS: 1. Option 1 for Council consideration consists of the full project as proposed in the feasibility report for improvements on Chippendale Avenue between 145"' Street and 151 Street and for the intersection of Chippendale Avenue and CSAH 42. As presented on April 17, 2003, this option would include the widening of Chippendale Avenue between 145 Street and 149 Street from 36 feet to 44 feet to accommodate a three -lane section with a center turn lane. Improvements on Chippendale Avenue south of 149` Street to 151 Street would include the reconstruction and resurfacing of Chippendale Avenue with the construction of concrete medians at the intersection of CSAH 42. This option would also include improvements to the Chippendale Avenue / CSAH 42 intersection and a new signal system. The proposed assessments would be as previously presented. 2. Option 2 for Council consideration consists of trail and sidewalk improvements on Chippendale Avenue between 145"' Street and 149" Street and a mill and overlay of the street surface. This option would also include proposed improvements on Chippendale Avenue south of 149' Street to 151S Street and the proposed intersection improvements at the intersection of Chippendale Avenue / CSAH 42. The estimated costs for this option are shown in the attached cost summary. Should Council consider taking action on this option, it would be necessary to conduct a new public hearing for Council to take testimony on the modified project. This option would also include proposed assessments for those properties along Chippendale Avenue with driveway access to Chippendale Avenue for the milling and overlay of Chippendale Avenue from 145 Street to 149` Street. The proposed assessment rate would be approximately $14.00 per front foot. Assessments for the properties south of CSAH 42 would remain the same as previously presented. 3. Option 3 for Council consideration consists of only the proposed improvements to Chippendale Avenue between 149 Street and 151" Street, with the intersection improvements at CSAH 42. This option is the project original considered by Council in 2002. The estimated costs for this option are shown in the attached cost summary. Again, should Council consider taking action on this option, it would be necessary to conduct a new public hearing for Council to take testimony on the modified project. The proposed assessments for this option would be as previously presented for those properties south of CSAH 42. With all of the above options, it should be noted that staff and the City Attorney are recommending that the proposed improvements include the construction of a full median on Chippendale Avenue south of CSAH 42 with no median opening at the driveway to the Chippendale Partners development. Should the City be able to reach an agreement with the property owners within the Chippendale Partners development prior to the improvements being made, a median opening could be allowed with the agreement then identifying parameters for the future closure of the median opening. Through conversations with Mr. Ron Carlson, an option to widen Chippendale Avenue between CSAH 42 and 151 Street to accommodate the construction of a dedicated left turn lane from southbound Chippendale Avenue at the driveway to the property was suggested. Staff and the City's consultant engineer for the project are reviewing this and will present an exhibit to Council at the meeting showing this option. Consideration of this option would require direction regarding responsibility for additional costs that would be associated with the widening of Chippendale Avenue in this location along with the acquisition of additional right -of -way. RECOMMENDED ACTION: 1) MOTION TO ADOPT A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 9344. -OR- 2) MOTION TO ADOPT A RESOLUTION SETTING THE PUBLIC HEARING FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #344. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003 — A RESOLUTION APPROVING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR CHIPPENDALE AVENUE /CSAH 42 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 4344 WHEREAS, the City Council of the City of Rosemount ordered a feasibility report for Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project #344: and WHEREAS, the City Council of the City of Rosemount received the feasibility report on March 20, 2003 and ordered a Public Hearing; and WHEREAS, the City Council of the City of Rosemount has held a Public Hearing on the Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project #344 on April 17, 2003. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby orders the improvements of the Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project #344. NOW THEREFORE BE IT FURTHER RESOLVED, by the City Council of the City of Rosemount hereby orders the preparation of plans and specifications for the Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project #344. ADOPTED this 6 th day of May, 2003. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Seconded by: Voted against: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003 — A RESOLUTION SETTING A PUBLIC HEARING FOR RECONSTRUCTION OF CHIPPENDALE AVENUE /CSAH 42 INTERSECTION STREET AND UTILITY IMPROVEMENTS AND AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS CITY PROJECT #344 WHEREAS, the City Council of the City of Rosemount ordered a feasibility report for Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project #344: and WHEREAS, the City Council of the City of Rosemount received the feasibility report on March 20, 2003 and ordered a Public Hearing; and WHEREAS, the City Council of the City of Rosemount has held a Public Hearing on the Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project #344 on April 17, 2003. WHEREAS, the City Council has amended the scope of City Project #344 to a) modify the proposed improvements on Chippendale Avenue between 149 Street and 145 Street to include only trail and sidewalk improvements and street milling and resurfacing only. -OR- b) to eliminate proposed improvements north of 149 Street on Chippendale Avenue. WHEREAS, the statute provides that no such improvements shall be made until the Council has held a public hearing on such improvements following mailed notice and two publications thereof in the official newspaper stating time and place of the hearing, the general nature of the improvement, the estimated costs thereof, and the area proposed to be assessed, in accordance with the law. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount that a public hearing be scheduled to reconsider City Project #344, Chippendale Avenue /CSAH 42 Intersection Street and Utility Improvements as amended to be held on Tuesday, May 20, 2003 at 7:30 o'clock p.m. or as soon thereafter as possible, in the Council Chambers of the City Hall. NOW THEREFORE BE IT FURTHER RESOLVED, by the City Council of the City of Rosemount hereby orders the preparation of plans and specifications for the Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project #344. ADOPTED this 6 day of May, 2003. Resolution 2003 - William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Seconded by: Voted against: Chippendale Cost Split Summary Option 1 Option 2 Option 3 Mill & Overlay, Sidewalk, and Area Full Project Trail for Chippendale (149th St. Full Project to 149th Only to 145th St.) I Chippendale Ave. $167,430 $167,430 $167,430 (South of CSAH 42) Chippendale Ave. $235,443 $235,443 $235,443 (CSAH 42 to 149th) $679,730 $679,730 $679,730 CSAH 42 Chippendale Ave. $809,877 $276,094 NA (149th to 145th) $1,892,480 $1,358,697 $1,082,603 Total Project Cost COST EST 5 -1 -03 mill 149 -1451 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 Gr � (612) 337 -9300 telephone (612) 337 - 9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevereCakennedy -b aven.com April 23, 2003 Jamie Verbrugge, City Administrator City of Rosemount 2875 145 St. W. r. v. B ux 510 Rosemount, MN 55068 Re: Chippendale Avenue Improvement Project Dear Jamie: At the last City Council meeting, the Council approved a resolution ordering the improvement for Chippendale Avenue. The motion was passed by a 3 to 2 vote and declared passed. The City may proceed with this improvement on the basis of the vote at that meeting. However, Minnesota Statutes Chapter 429, which is the chapter that authorizes public improvements to be paid for by special assessments, requires a four - fifths vote of the council to order improvements that are to be financed by special assessments unless the project was petitioned for by the requisite number of property owners. Additionally, with certain exceptions, the City Council cannot issue bonds to finance public improvements without an election. One of these exceptions is that the project will be financed at least 20% by special assessments. Therefore, since the Council camzot levy special assessments with a resolution ordering the improvement with only a 3 to 2 vote, it also cannot sell improvement bonds to finance the project. If the City Council can adopt an identical resolution with a four -fifths vote, this will allow both the levy of special assessments and the issuance of bonds if 20 '/'o' of the project costs are paid by special assessments. Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL:sez CLL- 230666v1 RS220 -58 p S/ -� z : i l - I �- - - L , q C ,. i, - Ll N S 13afOUd HJdV I(l 01 M3NU103 AJL13 JLKfIOW:ISOH 3HJL NOIJLIJL:4J:IM -poddns jou op am q3!-q- q3! glspi of g)6t l .iaddn uioa3 anuaAV alupuaddig3 3o 2uivapim aq,I, :g laafo ld • a q iq uoilaasaalui atupuaddig3 /Zt, pigog dl3 3o 2uipua2dn aq,L :V laafoad •slaafoi,l -- o - AVj - L olui laafoad alupuaddig3 aql Bids of jpuno3 ,ilia lunouiasog aql uoilpad 1 pau2isaapun aql lam GAF A , „9 : r 81A _ v yy L ss :lu(lav TW S Z 2Id 2Id I .L �I.I,I Z 2I NHS 11111 Pi i IZI Lid dA1 •li u q !q glSt of gl6t aadd fl moa3 anuaAV alupuadd q3 jo 2uivap!m aq,L :g laafoad • a q !q uoilaasaalui alupuaddlgD/zt peog Ala 2u!pu.i2dn aqs, :V laa foal •slaafo.id O� olui laafoad alupuaddigj aql lilds of l!aunoj 4!3 l unomasog aql uollil 1 pau2isiapun agl'ate 9z) At We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO Projects. Project A: The upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support. WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B NAME ADDRESS (L s i--- 0 6 �>4v� '��� j/� �� 7 Tit 1k) y .r say S .L lid 2IddV IQ O jL rll3NfIO3 AJL Z W:I 2I :I Z AI I1111d aAX -poddns jou up am q iq glStii of gl6t l aaddn tuoaj anuaAV alnpuaddigD jo 2uivap!M agJL :g laafoad • a a q iq uoilaasaalui alupuaddig3 /Zp puog il33o 2uipt aqs, :V laafoad •slaafoad - 0 -- WJ - L olu► laafoad alepuaddiga aql lilds of 1iauno3 !4!3 lunomasog aql uo►lilad 'pau2isaapun aql lam Elill �UnotMaso cn �s 4. V - o \ t Qa 3I� ZZ of Sir 1 ',�'� �at -,tom/ 'y^-f� ����J e.��� �✓� "� „v L \A VNJ � r 1 3 4 ot �U N S Z �P 2Id �A 2ldd�' Q Z l' 1. 2I �H L ICI I LI Lid '�� - poddns jou op am q ,q gjSt l of gl6bI aaddn uioa3 anuaAV alupuaddiga 3o 2uivapiA& aq jL :g jaafoad • ao a qjlqAt uoilaasaajui ajvpuaddig3 /Zt pgog Sla 3o 2uipua2dn aq jL :V )aafoad •s;aafoad olui laafoad aiupuaddig3 aqj jgds of jpunoD Sj►3;unowasog aqj umplad'pau2isaapun aqj IaM Q XN—VN We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO Projects. Project A: The upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support. WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B NAME C ff'r"WIC.` _Ti- 14 21 ADDRESS 22 5 .v Ley ? 20 We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO Projects. Project A: The upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support. WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B NAME 6A ALA L (. 4 Y .. 5 r ( GE) A vq.. L 'MV P� tt " /( 19 20 21 c J "' d.., .. - 22 ���a��usrE.rar �r�® ri��asrru�i "wrifflMa ior -M5 "W A L (. 4 Y .. 5 r ( GE) A vq.. L 'MV P� tt " /( 19 20 21 c J "' d.., .. - 22 ���a��usrE.rar �r�® ri��asrru�i "wrifflMa ior -M5 "W A 4: We, the undersigned, petition the Rosemount City Council to split the Chippendale Protect into T WO Projects. Project A: The,upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support Cam-. WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B. NAME ADD (' r 3 a �` L f y Y 9 1 1 y ✓ �L � � l s : � \ �� Y 4`� '��r B < , � �V ) � �'` �'� `'�q„�' f S f � ��E. J • 1 A. i Y ���� � E * ��'f.aF� 1.... /"f"�.- `{w'�.� _ a i�„�/ 4 4::. v y r s.J ..✓ y4 ��`s 16 18 19 21 22 We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO Projects. Project A: The upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support. WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B ADDRESS 2 LT S Zc't f C/ d- 13 14 15 16 17 18 19 20 21 22 L.� -�3 4 0 / ,_ 1�4 tL —.54 We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO Projects. Project A: The upgrading of Cty Road 42/Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support, WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B. NAME ADDRESS a/ 9 to 11 12 13 14 15 16 17 18 19 ,20 21 22 1 4 "a \ l�i r� � /��r f �' „ � ,run A X � e m o,-AA) We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO Projects. Project A: The upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support. WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B NAME ADDRESS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 8 We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO Projects. Project A: The upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B NAME ADDRESS 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5 r-; x �x ,rs .�/ s/� s' 1 �16 Id? , �� : /C" ,1.1 We, the undersigned, petition the Rosemount City Council to split the Chippendale Project into T WO Projects. Project A: The upgrading of Cty Road 42 /Chippendale intersection which we support Project B: The widening of Chippendale Avenue from Upper 149th to 145th which we do not support. WE PETITION THE ROSEMOUNT CITY COUNCIL TO DISAPPROVE PROJECT B. NAME ADDRESS � k IYvY5 ✓ ' + 'IC'J f - r 'tI 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 We the undersigned, petition the Rosemount City Council to split the Chippendale Project into TWO projects. A: The upgrading of County Rd 42 /Chippendale intersection - Which we support. B. The widening of Chippendale Ave from Upper 149th to 145th- which we do not support. NAME ADDRESS May 2, 2003 Honorable Mayor and City Council Members, We wish to make the Rosemount City Council aware of the very difficult position we feel that we are in with respect to the proposed median on Chippendale Avenue. Our agreement with the City of Rosemount dated April 2,1985 (copy attached) includes the following provisions: l .The City had approved plans for a raised median between 151 St and CSAH 42. 2. City agreed to permit unrestricted access to our driveway when median was constructed. 3. We agreed to limit our request for access to this one point. 4. This agreement shall be binding upon the parties, their heirs, successors, or assigns. 5. This agreement shall run with the land and shall be recorded. Besides ourselves, others who have purchased property and tenants who operate businesses in our building have relied on this agreement. We are not aware of any accidents resulting in personal injury at our drive entrance. The entrance, as it exists, operates at an acceptable level and we believe that the proposed median with a cut to allow access to our driveway will improve traffic flow and safety. Out of an obligation to our tenants, we cannot, in good conscience, sign an agreement as proposed by the city, that would take away rights that we currently have provided by our existing agreement. We have spent our lives in this community and the income from Chippendale Center provides for our retirement. We fear for the financial well -being of our tenants and ourselves. Sincerely, � r- � r,G DEVELOPMENT CO NTRACT i 1 AGREEMENT dated April 2, 1985, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), ard Clifford W. Carlson, Ronald C, Carlson and Richard J. Carlson, ( "the Developer "). 1. Request for Subdivision Ap2royal The Developer has asked the City to . approve a metes and bounds subdivision of Lot 1 Block 1, South Rose Park Addition Replat ( "the subject property ") into two separate parcels generally de&cribed as- r � Parcel A: The north 208.33 feet of the west R feet of Lot 1, Block 1. Parcel 8: The west 200 feet, except the north 208.33 feet of tat 1, Block 1. 2. The City hereby approves the concept of the foregoing metes and bounds subdivision subject to the terms of this agreemen and formal survey. 3. - Compliance wit Laws and Re2u latiois. The Developer represents to the City that the subdivision complies with all city, county, metropolitan, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. 4. Access on Chippendale Ave nue. A. Request for - Access - The Developer has asked the City - - or- unrestricted driveway access to th su bject , prop -Arty to be located on the we lot line, approximately 208 feet south of the northerly lot line, to perm left and right turns in and out of the site. B. Chippendale Avenue Street and Utility Improvements, The City has approved plans for improvements to Chippendale Avenue, which include a raised median between 151st Street and County State Aid Highway (CSAH) 42. The median is designed to facilitate turn lanes at CSAH 42 and 151st Street. The C i t y agrees to permit unrestricted access to the driveway described in paragraph 4.a, when the median is constructed. The Developer agrees that no other access points, restricted or unrestricted will be permitted to Lot 1, Block 1, South Rose Park Addition Replat i from Chippendale Avenue. 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Knutson, Mayor, and Don F. Darling, Clerk/AdrAinistrator of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by the City Council. Notary Pub 1 i cV ,%&AAA�#1+1 A4AAI-FAA/ XAA'4 AAAAAAX4 CINDY NOW" STATE OF MINNESOTA ( A I ;...1 . 1< COUNTY OF DAKOTA The foregoing instrument was acknowledged before m this day of c�1 , 1985, by Clifford W. Carlson, Ronald C. Ca and Richard J. Carlson, of Clifford W. Carlson, et al, a Minnesota partnership, on behalf of the partnership. Notary Publi -3- 1/ �t ARLO WIGGI:RT NOTARY P118 "- _ 111411FSOTA t ?� DARVA GCUti v •„��,,, M, CO (101,41 IOM J, sae Notary Publi -3- The Honorable Mayor and City Council Members: As a owner /operator of a business in the Chippendale Center, I would like to make a plea to add a cut in the median to access the stares in the Center which in turn may benefit the traffic flow. Thank you for your time and consideration concerning this issue. Respectfully, Roger and Pat Du Four Total Care Cleaners 15076 Chippendale Center FROM : FAX NO. : 6516365875 May. 05 2003 02:30PM P2 K jNG. Monday, May 05, 2003 Jamie Verbrugge Rosemount City Hall 2875 -145"' St. West Rosemount, M.N. 55068 Dear Mr. Verbrugge, My name is Tom Connolly and i am the owner of the Burger King franchise and Building, I would like to express my concern for the proposed road changes to Chippendale and County road 42. As you know the fast -food business is built on the fact that easy access is essential for our customers. The proposed changes would hurt our ingress/egress. Any permanent change to the access on Chippendale would most definitely hurt our Business. I oppose the changes, as it would affect my livelihood and my family's as well. Could you please put my concerns into the packet for Tuesday's 7:30 meeting, Sincerely, Tom Connolly President T.A B. of Rosemount, Inc. Connolly L.L.P. THE CONNOLLY GROUP TAB of Burnsville, Inc. - T.A.B. of Shakopee, Inc. - T.A.B. of Rosemount, Inc. - Connolly U.P. 2213 Northwest 5th Street, St. Paul, MN 55112 Office 651 - 6363639 - Fax 651.636 -5875 15070 Chippendale Ave. Rosemount Liquors, n P.O. Box 14 1 c. Rosemount , MN 55068 Phone 651 = 423 -9065 To: Rosemount City Council: Fax 651- 423 -1003 Mayor: William (Bill) H. Droste Council Members: Mary Riley, Mark DeBettingnies, Kim Shoe- Corrigan, Kevin Strayton Re: Proposed Median on Chippendale Avenue Date May 5, 2003 Dear Mayor and Council Members, My name is Rishi P. Mohabir, a resident of Rosemount and CEO of Rosemount Liquors, Incorporated. I am writing with respect to the proposed median on Chippendale Avenue between County Road 42 and 151 st Street. The proposed median with no left turn lane into the western side of the Rosemount Market Square will have major financial impact on my business and all other businesses in the center. Over 99 % of customers that comes to my store and the other businesses utilize the access on Chippendale into the ` Center. The proposed median will force customers to enter to the back way of the Center. This is unacceptable as it will inconvenience customers and create confusion. The case has not been made for such a drastic measure to deny customers access to the Center. If there is a public safety issue I would like to see a case is made using documented finding of facts and impact statements. These facts must be reviewed in light of the public safety guidelines and standards. Additionally, the City of Rosemount and Carlson Properties entered into a legally binding agreement on April 2, 1985. This agreement permit unrestricted access to the Center from Chippendale Avenue when and if a median is constructed. I ask of all our elected officials and City administration to find a win -win solution for all parties and save my business and other businesses in the Center. Thank you for your time. Sincerely, ,...? Rishi ohabir Your one -stop location for all your Wine, Liquor, and Beer needs.