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• ' Page 1 of 3 Mike Gaffron From: Mike Gaffron Sent: Wednesday, April 02, 2008 3:37 PM To: 'Richard Brown' Cc: Soren Mattick; Scott Oberaigner Subject: RE: 1300 Shoreline Drive Gate Request Richard — First of all, I don't specifically recall our supposed conversation some years ago in which I "promised"that the City would not make changes to your driveway. I don't doubt that I may have made a statement to the effect that iYs not likely that the City would extend Fox Street given the topographic issues. However, I have no recollection of suggesting that the history of problems with your house construction would have any impact on the City's future decisions on use of the public right of way. Last week I acknowledged recalling that you wanted some assurance in writing that the City was not going to suddenly take away your driveway and that it can stay where it is. In fact, the City granted you variances in 2003 knowing full well that you have two driveways and a parking area that rely on use of the public right-of-way. Most residential properties make use of some part of the public right-of-way for access. Your access within the right-of- way is no different than others, other than it is particularly distant from an improved traveled road, hence its existing reasonable configuration. I can tell you that the City currently has no plans and no intent to eliminate your driveway in the right-of-way. The City has no plans to extend Fox Street easterly from its terminus west of you, given the topographic challenges and the lack of a current need for such extension. I cannot, however, "promise"you that the City will never change the access to your property. There are probably circumstances under which such a change might be warranted; for instance, if the Rail Authority were to successfully deny access across their right-of-way. That does not appear to be the case. I've never had the authority to make a promise that binds the City to limit its use of the public right-of-way. From my perspective, I cannot make the City's position regarding your driveway any clearer. Consider this email as my response to your request for written confirmation of the City's intent. Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O. Box 66,Crystal Bay, MN 55323 Phone: (952)249-4600 Fax: (952)249-4616 From: Richard Brown [mailto:Richard.Brown@jnba.com] Sent: Wednesday, April 02, 2008 2:03 PM To: Mike Gaffron Subject: RE: 1300 Shoreline Drive Gate Request Mike Thanks for the email. I am obviously disappointed about the gate issue, but as a reasonable person I will walk away from the project. It makes no sense to ruin the visual appearance and functionality of my property by placing the gate where you are recommending. We will have to continue to tolerate the unwelcome turnaround traffic we get regularly. I will accept the offer made to me by public works to install a private drive sign. In reference to your last paragraph, that information does not comply with what you originally promised me. And, when I was in your office last week you acknowledged you had not put in writing for me as you said you would 4/7/2008