HomeMy WebLinkAboutVC95-01 Lord St Access Vacation
PHONE NO.
~ STATE OF
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DEPARTMENT OF
METRO WATERS - 1200 WARNER
772-7910
NATURAL RESOURCES
ROAD, ST. PAUL, MN 55106
D [g @'m'l!\'!l [g n
2 I 1994 U
December 21, 1994
Ms. Deb Garross .
Assistant city Planner
city of Prior Lake
4629 Dakota st. S.E.
Prior Lake, MN 55372-1714
RE: Lord's Street public Prescriptive Easement Access Vacation
Dear Ms. Garross:
This letter serves to document the Department of Natural Resources
Division of Waters comments and concerns regarding the subj ect
access vacation request.
Since Prior Lake is a Public Water, the DNR Division of Waters is
opposed to the vacation if the vacation would result in the loss of
lake access to the public. The Division of Waters is curious to
know what is to be gained by the proposed vacation.
Please contact me at 772-7910 should you have any questions.
PJL/MM/cds
AN EQUAL OPPORTUNITY EMPLOYER
.
MEMO
TO:
FROM:
DATE:
RE:
FRANK BOYLES, CITY MANAGER
DEB GARROSS, ASSISTANT CITY PLANNER
NOVEMBER 29, 1994
LORD'S STREET ACCESS RELINQUISH EASEMENT RIGHTS
The purpose of this memo is to describe the process that the City Council could initiate to give
up its rights, if any, to the property commonly referred to as the Lord's Street access.
On November 28, 1994, I contacted Scott County Recorded of Titles, Pat Boeckman to
determine the best method to achieve the wish of the City Council: To give up it's interest, if any,
in the access without impeding other interested parties opportunities to pursue their prescriptive
easement rights, if any.
--
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The result of my discussion with Pat is to recommend that the City Council formally adopt a
resolution relinquishing any rights that the City has in the access. A stipulation should be
incorporated into the resolution that clarifies that the resolution does not relinquish the
easement rights of anyone else. The resolution should then be filed with the Recorder's Office.
Pat mentioned that there is a method to "flag" the existence of the resolution in the event that
there is a torrens certificate on the access property. It is not possible for the City to amend a
torrens certificate without the owner's permission. In the event that the access site is abstract
property, a notation will be made in the track index under the legal description of the site
indicating the existence of the resolution.
Pat and I concur that the vacation process does not appear to be appropriate for this site for the
following reasons:
1. The subject site is metes and bounds property, it has never been dedicated to the public
via a plat.
2. In a vacation action, MS 412.851 states that: "The Council may by resolution vacate any
street, alley, public grounds, public way, or any part thereof, on its own motion or on
petition of a majority of the owners of land abutting on the street, alley, public grounds,
public way, or part thereof to be vacated." It is my understanding that the "Public" status
of the access is in question and can only be determined via court action to determine if a
prescriptive easement exists. The purpose of a vacation is to give up public interest.
Since we do not know if the public has any interest, a vacation proceeding would appear
to be inappropriate.
3. The following information is from a League of Cities Report published in 1986. "A
statutory city may yield its ownership or control over all or any part of land set aside,
dedicated, or used as a street or alley in the manner outlined below. A statutory city may
also vacate any publicly owned utility easement or boulevard reserve, in the same
manner. Again, the provision outlines property "set aside", public, or used as a street or
alley." The Lord's Street Access land does not fall under any of the aforementioned
categories of land for vacation consideration.
4. The City Council may only vacate property after determining that there is no current nor
anticipated future public interest in the property. The hearings held on this issue indicate
that there is public interest, on the part of the Sportsman's Club and possibly others, for
the City, to retain public interest, if any to the access property. The interest is
documented on taped records, in the meeting minutes and by all persons who were in
attendance at the Council meeting.
5. According to the League of Minnesota Cities Report, "No street can be vacated unless it
appears that no public interest will be served by the continued existence of the street
and that vacation will be beneficial to public interests, particularly if the street is located
on the shore of a lake open to the general public. Moreover, the fact that a street has
not been used or maintained for some time does not necessarily mean that the public no
longer has an interest in the street."
6. The act of vacating the site may open the city to legal challenges and possibly an action
against the city by persons who feel they have suffered damages as of the result of the
city giving up all public interest in the property.
7. There is a policy statement on file related to disposition of unimproved public
right-of-way stating: "All public right-of-way intersecting with the lakes of Prior Lake and
Spring Lake shall be retained if determined to be in the public interest. Such uses may
include recreation access for snowmoblies, skiers, cars and hikers as well as provideing
utility easements for stormwater, sanitary sewer, and water." (See attached City Council
policy statement).
If it is the intent of the City Council to relinquish it's rights, without relinquishing rights of others,
such as the Sportsman's Club, it is suggested by Pat Boeckman and myself that the Council
adopt and file a resolution rather than formally vacating the property. The action to adopt a
resolution would not require a public hearing, it would allow others to pursue any rights they
may have, and will be made public record by filing the document with the Scott County
Recorder's Office.
If it is the intent of the City Council to vacate the property, a public hearing will be required
following a 30 day notification of vacation to the Department of Natural Resources. The public
notice to vacate must be posted at City Hall. The City must determine whether the subject site
is torrens or abstract property in order to determine if the vacation resolution can be filed with
the property. A resolution of vacation and agenda packet need be prepared for public hearing
before the City Council. The City Council would have to permit public input and after, determine
that there is absolutely no public interest current nor anticipated for the future, in retaining rights
to the access. The Council must adopt the resolution of vacation by 4/5 vote.
I have attached forms and prototypes used by the Planning Department for vacation
applications.
RECOMMENDATION:
This issue should be carefully considered by the City Attorney and clear direction received from
him outlining the method to proceed in order to resolve this issue.
cc Blair Tremere
Lani Lechty
Gina Mitchell
MINUTES OF THE CITY COUNCIL
Tuesday, January 17,1995
1. CAll TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Tuesday, January 17, 1995 at 7:30 p.m. in the City
Council Chambers. Present were: Mayor Andren, Councilmembers,
Greenfield, Kedrowski, Scott and Schenck, City Manager Boyles, Public
Works Director Anderson, Assistant City Manager Carlson, Planning
Director Rye, Assistant Planner Garross, Parks and Recreation Director
Mangan, Attorney Rathke and Recording Secretary Birch.
2. PLEDGE OF AllEGIANCE - Mayor Andren led the Pledge of Allegiance
and welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING -
MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE
THE MINUTES AS SUBMITTED.
Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and
Schenck. The motion carried unanimously.
4. CONSENT AGENDA:
a. Consider Approval of Invoices To Be Paid
b. Consider Approval of Animal Warden Report
c. Consider Approval of Building Report
d. Consider Approval of Fire & Rescue Report
e. Consider Approval of Resolution for Establishment of Tax
Increment Financing District No. 2-3 (Metro Cabinets/American
Glass) for the Construction of a 10,000 Square Foot Building in
Waterfront Passage Addition.
f. Consider Approval of Purchase of Two Squad Cars Under State of
Minnesota Cooperative Purchasing.
g. Consider Approval of Resolution Authorizing Eminent Domain
Procedures To Acquire Right-of-Way for Northwood Road
Improvement.
h. Consider Approval of 1995-1996 Joint Powers Agreement for
Traffic Markings, Street Sweeping, Crack Sealing and Sealcoating.
i. Consider Approval of Treasurer's Report
MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO
APPROVE CONSENT AGENDA ITEMS (a) THRU (i).
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EtibAL OPPORTUNITY EMPLOYER
Prior Lake City Council Minutes
January 17,1994
Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and
Schenck. The motion carried unanimously.
5. PRESENTATIONS:
A. Mary Beth Onkka, Housing and Redevelopment Authority
Representative, presented an update to the Council with respect to
the activities of the HRA. Bill Jaffa, Executive Director of the HRA,
briefly discussed the Redi-Mix property, development possibilities
associated with the property and other preliminary programs,
financing, etc. Mary Beth Onkka discussed the need for low and
moderate income housing, transitional housing, housing for the
elderly, assisted living and support services. Mayor Andren
thanked Ms. Onkka and Mr. Jaffa for their presentations.
B. Consider 1995 Participation in the Association of Metropolitan
Municipalities.- City Manager Boyles briefly reviewed the purpose
of the AMM and introduced David Childs, Membership Chairman of
the AMM, who addressed the Council with regard to benefits
available to Prior Lake as a participating member of the AMM, and
gave a brief background of the organization and its function. Vern
Peterson, Executive Director, discussed areas in which the
member cities and specifically Prior Lake have benefited by the
AMM's endeavors before the legislature and the Metropolitan
Council.
MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO
APPROVE PAYMENT OF THE 1995 AMM DUES.
Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott
and Schenck. The motion carried unanimously.
Mayor Andren thanked David Childs, Vern Peterson and Roger
Peterson for being present at the meeting to discuss this subject.
6.
:k
PUBLIC HEARINGS:
r--'---
! A. Conduct Vacation Hearing for Lake Access on Lord's Street and
Consider Resolution Vacating the Access. Mayor Andren called the
public hearing to order and read the notice as it appeared in the
Prior Lake American on January 7 and 14, 1995. Mayor Andren
explained the process of the public hearing. Lanol Leichty, Water
Resources Coordinator, summarized the results of the Lake
Advisory Committee's access survey and resulting actions by the
City Council at the public hearing held on November 21, 1994. The
DNR did registered objections to the proposed vacation, and
resident, Tom Schlick, 15213 Edgewater Circle, left a message with
Mr. Leichty stating that he supports the vacation.
-2-
Prior Lake City Council Minutes
January 17,1994
\
Mayor Andren opened the meeting for public comment, the
following persons spoke:
Dan Borchardt, 1905 Main Avenue - discussed ownership of
the property.
Bruce Erickson, 16313 Northwood - submitted a petition
from the Sportsmans Club objecting to the vacation and
discussed ownership of the property.
Frank Anderson, 14291 Shady Beach, expressed concern
over the closing of public accesses.
Gary Glenna, 4606 Lords Street, supported the vacation of
the access.
Walter Jobst, 15110 Martinson Island Road, supported
vacation of the access.
John Jorgensen, 7256 Casey Parkway - objected to closing
the access.
Doug Brinkman, 4575 Lords Street - supported the vacation.
Gale Klingberg, 17187 Langford Blvd. - objected to the
vacation.
Glen Klingberg, 15855 Fremont Avenue, NW. - objected to
the vacation.
Paula Schluck- supported the vacation.
The public comment portion of the meeting was closed. Council
discussion occurred on whether or not to vacate the access.
Councilmember Schenck expressed concern over the vacation,
possible reprisals and anticipated increase in volume of police calls.
City Attorney Rathke stated that in his opinion any member of the
Sportsmans Club could legally use the access providing they
receive a legal prescriptive easement on the property.
Councilmembers Greenfield, Scott, Andren and Kedrowski all
expressed the opinion that it was in the city's best interest to vacate
the access.
MOTION BY SCOTT, SECONDED BY GREENFIELD, TO ADOPT
THE RESOLUTION PROVIDING FOR VACATION OF LORD'S
STREET ACCESS AS AMENDED.
-----tlpon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott
and Schenck. The motion carried unanimously.
MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO
CLOSE THE PUBLIC HEARING.
Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott
and Schenck. The motion carried unanimously.
MOTION BY KEDROWSKI, SECONDED BY GREENFIELD FOR
A FIVE MINUTE RECESS.
-3-
Prior Lake City Council Minutes
January 17, 1994
"
Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott
and Schenck. The motion carried unanimously.
Mayor Andren stated that she was vacating the chair for the next
agenda item due to possible conflict of interest.
The meeting reconvened at 9:15 p.m.
7. OLD BUSINESS
A. Consider Petition From Charles Prindle et. aJ to Order Feasibility
Report for Road Improvement Project. Acting Mayor Kedrowski
opened the meeting due to the fact that Mayor Andren had vacated
her chair during this discussion. City Manager Boyles stated that
the Council's policy for accepting a petition for a feasibility study
requires the signature of 35% of the property owners and that the
Prindle's petition was signed by only 25% of the property owners.
Council should determine if property owners must assume the cost
of the feasibility study should Council approve the petition with less
than the 35% required. Public Works Director Anderson presented
an overhead of the area under discussion, and stated that there are
two methods by which feasibility study projects can be initiated: (1)
By petition format which requires at least 35% of real property
owners signing the petition, and, (2) An improvement project and
feasibility study can be initiated by the City Council. Council's
policy has been that if it has not been supported by 35% of the
property owners, the feasibility study does not take place. Mr.
Anderson entered into the record a fax from Genevieve Bolger
stating that she does not support the request. A representative of
the Prindles, Miles Lindberg from BRW, discussed the petition
request, the proposed street location, the proposed plat, and
reviewed the historical aspects of the property under discussion.
Mr. Lindberg also presented a second plan as another option. The
following persons addressed the Council:
Dick Bolger, representing the Bolger family of Meadowlawn,
Lots 3 and part of lot 6, objected to development of the
property at this time.
Bill Prindle, Route 1, Box 55, Gary, South Dakota, brother of
petitioner, Charles Prindle, stated that the Prindles have
been paying assessments for water and sewer, and have no
access to the land (except over Mrs. Bolger's property).
Fanny Griffith, 1425 West 28th Street, Apt.402, Minneapolis,
owner of Lot 1, and part owner of the 80 acres objected to
platting the land into subdivided lots.
Discussion occurred regarding the 35% requirement of property
owners who signed the petition. Discussion occurred on the
-4-
ic
...
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MOTION BY:
WHEREAS,
,
Doc. 348.1.77
RESOLUTION 95-05 OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA A "-
..c. tified d'Ued and or Recorded. on ~t.c1<1..-
~ 1 ;1 10q~
RESOLUTION PROVIDING FOR THE VACATION
OF LORD'S STREET ACCESS
LOCATED IN THE CITY OF PRIOR LAKE. X
SCOTT
SECONDED BY: GREENFIELD
the City Council for the City of Prior Lake determined on November 21, 1994,
that the public interest would best be served by eliminating this property as a
public access and directing that a hearing be conducted to consider vacating
any interest that the public may have acquired by virtue of a public
prescriptive easement in what has been known as the Lord's Street Access
situated in the City of Prior Lake, Scott County, Minnesota to wit:
Part of Section 3.5, Township 115 North, Range 22 West, Scott County
Minnesota described as follows:
That part of Government Lots 8 and 9, said section, township and range,
together with accretions and relictions thereto, lying Easterly of the following
described line:'
Commencing at a point that is 220.28 feet north and 328.53 feet east of the
northwest corner of Lot 1, in the plat of Maple Park Shores Acres, said point
being on the center line and east edge of the concrete bridge; thence north
83 degrees 00 minutes east a distance of 129.0 feet; thence south 81
degrees 00 minutes east a distance of 112.4 feet; thence north 61 degrees
34 minutes east a distance of 113;0 feet; thence north 54 degrees 57
minutes east a distance of 264.45 feet; thence north 73 degrees 17 minutes
east a distance of 284.2 feet to "Point A;" thence north 75.0 feet more or less
to the high water mark of Prior Lake and the point of beginning of the line to
be described; thence from said point of beginning and continuing along said
line extended southerly to the point where the line intersects with, and
excepting the 50 foot public road easement known as Lord's Street including,
but not limited to, the easement conveyed by Quit Claim Deed dated
February 6, 1963, and recorded February 13, 1963, document 101994;
and lYing Westerly of the following described line:
Commencing at a point that is 220.28 feet north and 328.53 feet east of the
northwest corner of Lot 1, in the plat of Maple Park Shores Acres, said point
being on the center line and east edge of a concrete bridge, thence north 83
degrees 00 minutes east a distance of 129.0 feet; thence south 81 degrees
00 minutes east a distance of 112.4 feet; thence north 61 degrees 34
minutes east a distance of 113.0 feet; thence north 54 degrees 57 minutes
east a distance of 264.45 feet; thence north 73 degrees 17 minutes east a
distance of 450.0 feet to "Point B;" thence north 12 degrees 06 minutes west
from "Point B" to the high. water mark of Prior :Lake and-the actual point of
beginning of the line to be described; thence from. said point of beginning on
the high water mark, south 'j 2 degrees 06 minutes east through Point Band
continuing south 12 degrees 06 minutes east to the point where the line
intersects with, and excepting the 50 foot public road easement known as
Lord's Street j'lcludjng, but not limited to, the easement conveyed by Quit
Claim Deed oated February 6, 1963, and recorded February 13, 1963,
document 101994.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
!~
".. .-....
Page 2
VC01RS.WRT
WHEREAS,
notice of the hearing on said petition has been duly published and posted in
accordance with the applicable Minnesota Statutes, and
WHEREAS,
a Public Hearing was held on said petition on Tuesday, January 17, 1995 at
7:30 p.m. in the Prior Lake City Council Chambers; and
WHEREAS,
the City Council then proceeded to hear all persons interested in said petition
and persons interested afforded the opportunity to present their views and
objections to the granting of said petition; and
WHEREAS,
the City Council of Prior Lake has determined that the vacation of any
interest that the public may have acquired by virtue of a public prescriptive
easement ~, lord's Street Access would be in the poblicinterest and
recognizes that this vacation does not extinguish the rights that private
parties may have acquired by virtue of private prescriptive easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that pursuant to Minnesota Statutes 412.851,
the above described Lord's Street Access situated in the City of Prior Lake,
Scott County, Minnesota is hereby vacated.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the
Office of the County Recorder, Scott County, for appropriate action.
Passed and adopted this 17th_ day of January, 1995.
YES NO
Andren X Andren
Greenfield X Greenfield
Kedrowski X Kedrowski
Scott X Scott
Schenck X Sc ck
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
~')f';;"'"'
STAFF AGENDA REPORT
6A
LANOL LEICHTY, WATER RESOURCES COORDINATOR
PUBLIC HEARING ON LORDS STREET ACCESS VACATION
JANUARY 9, 1995
Last year the council decided to discontinue the Lords Street
access. To accomplish this objective the city must vacate any
interest it may have. The purpose of this Agenda item is to
conduct a Public Hearing to vacate the publics' interest in what is
known as the Lords Street access. This access is located on the
north side of Lords Street between 4500 and 4580 Lords Street.
During the summer of 1994 the Lake Advisory Committee (LAC)
prepared a Lake Access Study which recommended long term
classifications for nineteen public access sites on Prior and Spring
Lakes. In this report the Lords Street Access was recommended
to be classified as a Winter Access. On October 17, 1994 the
Lake Access Study was presented to the Council. On November
21, 1994, a Public Informational Hearing was held at which time
the Council determined that the public interest would be best
served by vacating any interest that the public may have acquired
by virtue of a public prescriptive easement on the Lords Street
Access. The decision to discontinue public use of this access has
already been made. This vacation hearing simply completes the
process.
A resolution has been prepared by Ms. Deb Garross, Assistant
City Planner, who contacted the Scott County Recorder of Titles
about the best way to go about relinquishing the City's interest in
this access, (see attached memo). The City Attorney's office
confirms that holding a public hearing and formally adopting a
vacation resolution appear to be legally the most safe and sound
methods of approaching this matter with regards to Minn. Stat.
412.851, vacating an access .to public waters. The resolution
wording states the following, "the City Council of Prior Lake has
determined that the vacation of any interest that the public may
have acquired by virtue of a public prescriptive easement in Lord's
Street Access would be in the public interest and recognizes that
this vacation does not extinguish the rights that private parties
may have acquired of private prescriptive easements."
Comments have been received from DNR and the utility
companies. The DNR is opposed to the vacation. They are in
opposition to any vacation of public accesses whatsoever that are
adjacent to public waters. If the vacation proceeds, the DNR turns
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
;;.
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
AGEN.ENG
the matter over to the Attorney Generals Office (AGO) where
further action will be taken on it. According to the DNR, the AGO
usually, but not always, makes a recommendation to the
governmental unit. The utility companies do not object to the
vacation, as long as utility easement rights are not effected. This
vacation will not affect utility easement rights.
The alternatives are as follows:
1. Adopt Resolution 94- vacating the publics' interest in the
Lord's Street access.
2. Motion and second to direct- the City Attorney and staff to
initiate action for the process of obtaining a legal easement
on the Lord's Street access.
3. Table this item for a specific reason.
The recommendation is to adopt Resolution 94- vacating the
publics' interest in the Lord's Street access.
The action required will be to make a motion to approve
Resolution 94- . If Resolution 94- is approved, a motion should
be made to authorize the Public Works department to install "No
Public Lake Access" signs at the Lord's Street access and
additional "No Parking" signs along Lords Street to enhance
enforcement efforts.
OAJt Chfj
CITY OF PRIOR LAKE
NOTICE OF LORD'S STREET ACCESS VACATION
You are hereby notified that a Public Hearing will be held by the City Council in the Prior Lake
City Council Chambers at 4629 Dakota StreetS.E. on Monday, January 17, 1995
at 7:30 p.m.
The purpose of this hearing is to consider vacating the public prescriptive easement access to
Prior Lake, if any, over and across the following legally described property.
Part of Section 35, Township 115 North, Range 22 West, Scott County
Minnesota described as follows:
That Part of Government Lots 8 and 9, said section, township and range, together with
accretions and relictions thereto, lying Easterly of the following described line:
Commencing at a point that is 220.28 feet north and 328.53 feet east of the
northwest corner of Lot 1, in the plat of Maple Park Shores Acres, said point
being on the center line and east edge of the concrete bridge; thence north 83
degrees 00 minutes east a distance of 129.0 feet; thence south 81 degrees 00
minutes east a distance of 112.4 feet; thence north 61 degrees 34 minutes east a
distance of 113.0 feet; thence north 54 degrees 57 minutes east a distance of
264.45 feet; thence north 73 degrees 17 minutes east a distance of 284.2 feet to
"Point A;" thence north 75.0 feet more or less to the high water mark of Prior
Lake and the point of beginning of the line to be described; thence from said
point of beginning and continuing along said line extended southerly to the point
where the line intersects with, and excepting the 50 foot public road easement
known as Lord's Street including, but not limited to, the easement conveyed by
Quit Claim Deed. dated Febmary 6, 1963, and recorded February 13, 1963,
document 101994;
and lying Westerly of the following described line:
Commencing at a point that is 220.28 feet north and 328.53 feet east of the
northwest comer of Lot 1, in the plat of Maple Park Shores Acres, said point
being on the center line and east edge of a concrete bridge; thence north 83
degrees 00 minutes east a distance of 129.0 feet; thence south 81 degrees 00
minutes east a distance of 112.4 feet; thence north 61 degrees 34 minutes east a
distance of 113.0 feet; thence north 54 degrees 57 minutes east a distance of
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
264.45 feet~ thence north 73 degrees 17 minutes east a distance of 450.0 feet to
"Point B;" thence north 12 degrees 06 minutes west from "Point B" to the high
water mark of Prior Lake and the actual point of beginning of the line to be
described; thence from said point of beginning on the high water mark, south 12
degrees 06 minutes east through Point B and continuing south 12 degrees 06
minutes east to the point where the line intersects with, and excepting the 50 foot
public road easement known as Lord's Street including, but not limited to, the
easement conveyed by Quit Claim Deed dated February 6, 1963, and recorded
February 13, 1963, docwnent 101994.
or more commonly described as the vacation of Lord's Street Access.
If you desire to be heard in reference to this vacation, you should attend this hearing. Oral and
written comments will be considered by the City Council. If you have questions regarding this
matter, contact the Planning Department at 447.4230.
/
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ft.~LL ~ ([fIlet!) J/fL-J
Deb Garross
Assistant City Planner
DATE: Deoembyr 16
, 199..i..
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN January 7 and 14. 1995
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ACCESS 11
ACCESS HEARING SCHEDULE
November 21, 1994 - Public Meeting for Lords StreeVShady Beach Trail
accesses.
December 5, 1994 - Public Meeting for Terrace Circle-South, West Avenue and
Sand Point Beach accesses.
January 3, 1995 - Vacation hearing for Lords StreeVShady Beach Trail accesses,
if necessary.
January 16, 1995 - Public meeting for Lot 3-Sunset Shore, Lime Road-South,
Eighth Street, Seventh Street, Terrace Circle-North, Lime ~oad-North,
Monroe Avenue and Kent Street accesses.
February 6, 1995 - Public meeting for Quaker Trail, Pine Road, Shady Beach
2nd, Watersedge Trail, Cove Avenue, Flint Road and Lot 34 of Red Oaks.
February 20, 1995 - Public meeting on the DNR public access issues.
If Council agrees to vacate the accesses as recommended in the Lake Access Study
the affected residents should then be notified that they can formally acquire the property
through the vacation process. Otherwise the right-of-way will remain deeded to the
public until someone picks it up.
If there is no need for a vacation hearing for the Lords StreeVShady Beach Trail
accesses then the following public meetings will be moved up in date.
January 18, 1995
Scott County Recorder's Office
Courthouse 113
428 S. Holmes Street
Shakopee, MN 55379-1391
Subject: Vacation of Lord's Street Access
Please record the vacation as approved by the Prior Lake City Council on January 17,
1995 and as described in the attached Resolution 95-05. Please return to me with the
indication that it has been duly recorded.
If you have any questions please contact me at 447-4230.
dZ'nce ,
" y \
/ .~~ /(/l-~A
Dee Bircr
Executive Secretary
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Enclosure
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
NOTES FROM THE MEETING
January 17, 1995
The following is a summary of the City Council's action:
@
9.
10.
N0TE2.WRT
1. Tax. Increment Financing District 2-3 was created to accommodate the construction of a
10,000 square foot building in Waterfront Passage Business Park to house Metro Cabinets
and American Glass.
2. The Council authorized acquisition of two 1995 squad cars under the State of Minnesota
Cooperative Bid Program.
3. Eminent Domain was approved to obtain right of way for the Northwood Road
improvement project scheduled for construction this year.
4. A joint powers agreement was approved for traffic marking, street sweeping, crack sealing
and sealcoating services.
5. The Council authorized 1995 participation In the Association of Metropolitan
Municipalities.
The lake access on Lord's Street was formally vacated by resolution. Additional no parking
signs and signs confirming that the "access" is private property will be installed this week.
7.
A petition from Charles Prindle and others to order a feasibility report for road
improvements in Meadowlawn Addition was denied.
8.
The Council approved modifications to the city's development security requirements which
will be more affordable to developers while providing the city with satisfactory protection
during and after the construction project.
A discussion of the park dedication ordinance was tabled pending the receipt of additional
information from the staff.
A PUD amendment for the Wilds specifically affecting outlot L and Sterling North and
South was approved. The amendments affect setback requirements, building separation
standards, land use, and the density of outlot L, Sterling South and Sterling North.
LOMMEN
LAW FIRM
Grandview Professional Building, Suite 210
400 South Second Street
Hudson, Wisconsin 54016
Lommen, Nelson, Cole & Stageberg, p.A.
131
ATS (800) 752-4297
'"'(612) 339-8064
Stephen C. Rathke
Attorney at Law
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
Minneapolis Office
Internet Address: STEVE@EMAlL.LOMMEN.COM
(612) 336-9305
December 13, 1994
Mr. Frank Boyles
City of Prior Lake
4629 Dakota St SE
Prior Lake MN 55372
RE: Lord's Street Access
Our File 16772G (7125)
Dear Frank:
Enclosed please fmd a copy of a letter which I received from Pat Ciliberto. I have told
Pat that the Deed that Mr. Hunt recently acquired provides the city with proof that he owns the
property included in the access. Pat states that a "title exam" would be necessary if there is
doubt with respect to ownership of the property. If the prosecutor declines to prosecute a
trespass citation on the grounds that doubt exists with respect to ownership of the property, the
city should take the position that it is incumbent upon Mr. Hunt to provide any additional proof.
Very truly yours,
LOMMEN, NELSON, COLE & STAGEBERG, P,A.
Stephen C. Rathke
SCR:jrw
Enclosure
cc w/enc1osure:
Chief Richard Powell
Glenn Kessel, Esq.
Scott Joint Prosecution Association
Patrick J. Ciliberto
Lisa A. Skoog
129 South Holmes Street
P.O. 80x 197
Shakopee, Minnesota 55379
(612) 445.n24
(612) 445.n28 (Fax)
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December 7, 1994
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Chief Richard Powell
Prior Lake Police Department
4629 Dakota Street SE
Prior Lake, MN 55372
j~ C('
;.11_,.- 09 1994
.:........
Dear Dick:
Thanks for keeping me advised on the respective possible
access/trespassing issues in Prior Lake. Stephen Rathke has talked
with me as well.
On the criminal side, the state must prove that a defendant
lacks a "claim of right." This is an essential element of the
state's case. The state must present evidence that the defendant
has no claim of right. A defendant cannot be stopped from
testifying about intent and motives for trespassing. The Minnesota
Supreme Court has held that claim of right may exist even when
there is no claim of title, ownership, or interest in or to the
premises, but where there is express or implied consent to go on
the premises.
A prima facie case of bona fide claim of right may be shown
when the defendant proves (a) that the defendant believed the
defendant had the right to enter the premises and (b) the defendant
had reasonable grou~ds for such belief.
Dick, I'm assuming that until the city completes a vacation of
any right the city may hold nobody will be cited. I'm also
assuming that once the vacation procedure is complete the area will
be posted to inform the public that the access is no longer open to
the public.
Page 2 of 2
December 7, 1994
The last point I want to touch on is the issue of who actually
owns the property. If one of your officers issues a citation for
trespassing it likely would be under MSA 609.605, Subd. 1(5). The
usual case situation would involve a landowner, such as Mr. Hunt,
calling the police department. When I spoke with Stephen Rathke I
was not sure if Stephen said there was any title issue here.
Bottom line is that Mr. Hunt has to have a legal right to demand
people stay off the property. If there is any question about who
actually owns the land, I think a title exam is advisable before
the city goes to the time and expense of issuing trespass citations
if there is any question about ownership.
Dick, please let me know if you want to discuss this further.
V~UlY yours,
Patrick J. Ciliberto
PJC:lal ~ ~
cc: Mr. Stephen C. Rathke~
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DEC-05-1994 12:37 FROM LOMMEN-NELSON,MPL5
R5 TCI
94474245
p.02
LOMMEN
-,. --. - .
........ "'"...... .................................. ..........................
J 800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
LAW FIRM
Gtandvicw Professional Building, Suile 210
400 South Second SUt';e{
Hudson, Wisconsin 54016
Lomm(!l1, Nelson. Ccl(! &: Stagcbcl'f. P.A.
(612) 339-8131
Minnesota W A TS (800) 752-4297
FAX (612) 339-8064
Stephen C. Rathke
Aaome)' lit Law
(71S) 386.8211
T......in City Line (612) 436-8085
FAX (715) 386-8219
Minneapolis Office
Inll:mCI Address: Sl1lVE@EMA1L.LOMMl'N.COM
(612) 336-9305
December 5, 1994
VIA FACSIMILE AN]> U.S. MAIL
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5/ei~, ~cdfY.u, J
Mr. Frank Boyles
City Manager
City of Prior Lake
4629 Dakota St SE
Prior Lake MN 55372
RE: City of Prior Lake - Lord's Street Access
Our File 16772G (7125)
Dear Frank:
The purpose of this letter is to respond to the memorandum and other materials regarding
the Lord's Street Access prepared by Deb Garross. Although Deb raises valid considerations,
I believe that the council's decision to close the access requires a vacation pursuant to MW.u.:.
~. 412.851.
None of the vacation procedures are tailor made for a roadway created by prescriptive
easement - particularly where the existence of the easement is subject to debate. The notice and
wording of the vacation should acknowledge that private rights are not affected by the
proceeding.
A simple resolution lacks the notice and formality that should accompany the vacation .
of an access to public waters. The resolution would be subject to attack due to a failure to
comply with Minn. Stat. 412.851.
DEC-05-1994 12:38 FROM LOMMEN-NELSON. MPLS
RS TIJ
94474245
P.03
Lommen, NelsQn, Cole & Stageberg, P.A.
Mr. Frank. Boyles
December 5, 1994
Page 2
The requirement that no public use must be shown is found in Minn. Stat. 505.14. A
road vacation in unincorporated areas must be brought in court pursuant to Minn. Stat. 505.14.
Because of the current and past use) the Lord's Street Access could never be vacated using this
sutute. Section 412.851 applies to cities and does not require that no public use be shown. The
legislature apparently intended that cities have greater powers to vacate roadways.
As far as the policy statement regarding public waters is concerned, it must be presumed
that the council was aware of that when it determined to close the access.
If the council wantS to extinguish any public prescriptive easement that may exist in this
access, it should proceed pursuant to MIDn. Stat. 412.851. I will send a suggested notice as
soon as I am certain of the legal description.
Very trUly yours,
LOMMEN) NELSON, COLE & STAGEBERG. P.A.
Stephen C. Rathke
SCR:jrw
TOTAL P.03