The URL can be used to link to this page

Home My WebLink About7.a. Walt Strese Concerns . 4 . � � . . . . . . � . . K. .e ..� • . '�. .� (� . , i'� �� • ! � . . . . . . . . . C^.. �. . � 11 �' 4,'� '1 . 1 " 111 .I � � . . ,i 6ut!tli .�i�„ „r,�,.�. t,t .t,t t t �� "'F' f � � �'�� t�� r;i �,� ' ' Y, . � � . . . . � . . . � . . � ? Y. .. . � �. � .. . , � � ..'�� . A April 13, 1989 i�ir. James R. Walston Campbell, Scott & Fuciis, P.A. Yankee Square Office, Room /63 r:.: Suite 202 . �, .= 3460 Washington Drive Eagan, PiN 55122 . ,:... �� 2e: Walt Streses Concerns (te�taltin from i g C ty Pro�ects 176 & 131 Dear Mr. Walston: I am writing to respond to rir. Streses request regardin� the City acldressing the problem of trespassing on ;the City easement and private driveway repair. I would agree with your svggestion that the City= ca��ld pust "Nc, Trespassing" signs to attempt_,to reciuce the possibility ,that children-teena�ers would consider the easement property as °Gity property". The City also sli�res Pir. Streses concerns regarding trespas�ing as a potential for" injury on the easement property. As for Ptr. Streses private driveway, in my opinion, the Gontractor did n�t d� as reasonable job of restoring the driveway last fall. Ttie Gity and its consultants have regeatedly attempted to get the Contractor to haul in gravel or rock to provide an adequate surface for P1r. Strese to gain access, Unfortunately, the �round froze up before tt�e Contractor coulcl coordinate any -gravel or rock restoratian. Once the ground was` frozen, it didn't malce any sense to placc� any gravel or rock because the grauei>material would undot�btediy be removeci with sn�w plowing. Our consultant and myself have been in contact with ttie Streses an<1 the Contractor to coordinmte hauling rock in this sprin�; wl�ei�' the frost was b��inning to come out of the grouncl. Mr. David Strese contacted me about a week before the last big snow storm we iizd tliis spring re�ar�in� installin� ro�k in tlieir .� driveWay. At Zir. David Streses' su�gestiun, i a�xeed that rock shoulci be plac.�cl � on the disturbed portion of tiis driveway as the frost was cominp ot�t. l�tr. 5trese indicated that if nice weatt�er continued for a few days ttiat it Would be appropriate to place the rack at that time period. I agreed with his assessment and eontacted our consulting en�ineer to l�ave him alert our Contraetor to perform that work. I belieue our Contractor and consulting engineerinU rePresentative contacted r1r. Walt Strese and informed fiim they wouZd be s�atcl�in� the situation and bring in rock at the approl�riate time. Unfortunately, just after my conversation with ?ir. David Strese, the westher got cold ap,ain and we had a relativeiy aajor snaw st�rm. Again, ttie weather d�layect the r�laeing �f Chr rc�rk on the disturb �ortion of tGe driveway. 0:� rtareh 24, 1989 P1r, tJal.t Strese conCacted me requesCing tl��t ro�•I; he placPd t�n 1i.is driveway. I immediately c�ntaeted our consultirip, engineer and forwarded his reyuest. U{�on Lindin�; out irotn them lt►at tl�e Co»t_rac�or c�ul�l no� mobilize tmtil lh:e following Ptonday, rtarch 27, 1989, I inst.rvcted our c:c��suti��n� to tell the � . . ' �- � • Page 2 Walt Strese Concerns Contractor that that was not timely enough and that we would proceed on our own. I then ordered our crews to place 1-1/2" minus rock on the portion of 11r. Streses' disturbed driveway. City crews placed approximately bU tons of rock on the disturbed portion of Pir. Streses' driveway to provide him with adequate access. I 'do not have any problems with allowing the Streses to access St�annon Parkway provided they pay for one assessment unit. The assessment uait for Stiannon Parkway construction was approximately $320.00. This is the arrangement that I � worked`out �ith 1�tr. Streses' neighbor, Mr. William Burkhalter. lir. Burkhalter's only access was via an easement across Pir. Streses property to 145th Street. rir. Burkhalter requested access to Shannon Parkway and iL was granted provided that � � h+� acc.ept one asgess�ent unit fi�ein8 �raYable ,and the remainin� units being �lue �f ; � r, he' se11s t�r develh�s his �roperty. To 'he consistent, i ��c11c1 c>1'frr ttic 4amc to � �ir. Strese. p1r. Strese was not incl�uled in the ass�ssmet�t5 fc>r _Ihis prc�ject Itec:tusc Iic di.il nc�C Cakr. �is:,r:;:; f�� 'SI��iinc�i► i';irkw�iy. I i�ope I have addressed r4r. Streses concerns. If you have any qurskinns regarding this matter, please feel free to contact me. If you would like to further discuss this matter with the City Council, this matter will be brought to Councils attention at the April 18, 1989 regular Council meetin£. The meeting begins at 7:30 p.m. Sincerel � � i��"`' � u ` _ ,✓ �� ' Richard Pt. Hefti, P. �. City Engineer/Public Works Director cc: Steve Jilk, City Administrator ;. Walt Strese Dave Grannis, City Attorney :.� ,.. �,�: , ,,;�.�.. ___._.. ...,. .....:.. . ...__ . �_,.: .. �.._ �, . ,.. - ..� � � � �. � :., �p' � ' = � � .. R � 19 �� CAMPBELL, SCOTT & FUCHS, P.A. ��°��R,� �_, . Attomeys at Law �'�? .�. � Thomas j.Campbell (612)456 9539 �A � Thomas M. Scotc Facsimile{612)456-9542 Gary G. Fuchs � I �; . , james R.Walston' MdY'Ch 31� 19$9 � � Mr. Rollan Hoke, Mayor Mr. Stephan Jilk City of Rosemount City Administrator 2875 145th Street West 2875 145th Street West � Rosez�0unt, �iN 55068 �tosemount, �i+T �5flb8 "� , .' ' Mr. Vernon Napper Mr. John Oxborough RosemQunt Cit� �s�un�il f ,, �c�se�au�t �Cit� 3�C+at�ncf� ��.�� «� � �8��:��►� ��6t��a��t".�IF+sst � ��"�� "��; ��#� ��et �e�tfi " ��W ��; , ,' .�tbs+�nCat's�t�ti, '�+tN' .,��0�$ �` _ ,�tt�semi�unt `�+lN �55068 �` �: ;fi � ; � �' '; ' � Mr. Joseph`Walsh Mr. Dennis Wippermann' Rosemount City Council Rosemount City Council :; . 2875 145th Street WQst 2875 145th Street West ' .. Rosemount, MN 55068 Rosemount, 'MN 55068' ' Re: Walter Strese : ' �>e--, . �: � *-;= Dear ��yor, �ifiy Council -Members and City Administrator:` Walter Strese has requested that I notify the city officials concerning several issues arising from the City of Rosemount's -- , condemnation of Mr. Stres�'s land for a permanent seventy foot drainage 'and sanitary sewer easement running over his back yard. The primary purpose for this easement is for drainage over his land to Hawkins Pond. The project was commenced last fall by the : City. _ �� .�,r� � . _ , � � � ; � t�n behalf of Mr. Strese I request that this �atter be placed � � � " " upon the reguiar �ity Council agenda, discussed by all council members and that some farm of action be taken. Walter Strese iives on a ten and one-half acre tract of iand iocated West of i45th Street and Shannon Parkway (4063 145th Street West) . Walter and his wife Olga have lived �here for � approximately forty years. The purpose of the drainage easement a � is to all.ow water 'from adjoining develcpme�t areas to flow over � � ' the Strese's land and into Hawkins Pond. However, since the ,�; , commencement of constructian of th+e �irainaqe easement it' �►ppears � '° that ''an attractive nuisance has develaped for children :and teenagers: Children and teenagers apparently believe the property is owned by the City; thus it is a place for them to play and/or - loiter. Last week several teenagers were apprehended by the �� Rosemount Police Dep�artment �fter 1.citering around the drainage �tream for breakinq into one of Mr. Strese's buildinqs anr� . ,. �" vandalizing the contents therein. .. Yankee Square Office III � Suite 202 • 3460 Washittgton Drive � Eagan, MN 55122 . �..�._.�.�..,�..,�,�-.�-��..,.,,..�..�.�.�...,..,.�.-....�n- ...: . 4^ . . . y... . . �. . - . . . .. � .. � � t . #� � � � . �. � . . . . . . ♦ . . . .. . . � . . . . . . . � .. . . . . . . � � � . k� ., . . � . . . . _ �' ' `'.� March� �1,,�� .989 . �� age 2 �' : _; ; eT�_� � � � . � . . . . . . , . . .f:... .k ' � . . - . . � � ,�..� � x ' Mr. Strese is not' only concerned about protecting his. property but is aiso concerned about `the passibility vf `sameone , being injured on his property subject to the easement since it appears to be an attractive nuisance. � Mr. Strese hereby requests the Cit� of i�osemount to �.ake � immediate; �►�asurss t�. �dd�ess �tnd �orr�:ct �his �rol�lem. =�he �Ci�ty, after a11, condemned this land and created this problem. The � condemnation and subsequent use of his :land as a drainage conduit � �r�� as �a�de�'�e �rc��t�► a a�e=3.��s �►��►�cl ;�+�z .�h��3� ��aga��;, ,�� r; . _ �f "�er�,�:s �n' ;��' �tcci��t h�a� �+e ��i'�ses �e �:i�y :��.�. ,b� �: � F , , �, � ..�� k ,�-' „�� ` " r�sponsible fax any damages or' injuries to 'people who play cr loiter around the area. By way of suggestion, perhaps the City could gost the = . "property with a sign stat`ing that it is private property and that � there should be no trespassing. Another problem as a 'resuit of the Ci.ty's taking af 'the };; drair�ag,e easement has I�een:_the destruction of �laltex ,Stre�e's ., � ` private driveway which` the City said it would repair. To date the driveway has not satisfactorily been repaired. As a result, Mr. �- Strese and his son Da�id are unable to use the driveway� and this has resulted in hardship to them. Perhaps the City may consider ; granting the Streses access to his land from Shannon Parkway since . the private drive wi11 no longer be usable as a means to gain access to the rear portion of Strese's property. .On behalf of Mr. Strese, I thank you for reuiewing this �� : ` letter, idiscussing these issues �with the �ppropriate City " � affieials �nd �aking �ositive action. very truly yours, " CAMPBELL, SCOTT & FUCHS, P.A. � ��:BY: ;' +..� . �` Ja e R. .Walston ��- JRW:vlo _ cc: >Mr. Walter Strese Mr. David Strese ,. � Mr. Richard Hefte � � , . - , �� - :