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HomeMy WebLinkAbout99-095 Vacation STAFF REPORTS AND MINUTES CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report. (D) Consider Approval of Animal Warden Monthly Report. (E) Consider Approval of Monthly and Quarterly Fire Call Reports. (F) Consider Approval of Recycling Grant Agreement with Scott County & Schedule 2000 City Clean-Up Day (Resolution 00-24). Consider Approval of 2000 1st Quarter Investment Report. Consider Approval of 2000 1st Quarter Budget Report. Consider Approval of Resolution 00-25 Denying the Vacation of the Right-of-Way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove, and Resolution 00-26 Approving the Vacation of the Dedicated Waterfront Adjacent to Lots 4 Through 15, Kneafsey's Cove. Consider Approval of a Temporary 3.2 Non-Intoxicating Malt Liquor License for Prior Lake Jays / Mudcats Baseball Season. Consider Approval of City Council Bylaws. Consider Approval of Resolution 00-27 Approving the Southwest / West Central Joint Powers Agreement'ro Group Employee Benefits and Other Financial and Risk Management Services. (M) Consider Approval of Lease Agreement between the City of Prior Lake and Dwane and Merlin Arndt for the Rental of a Municipal Parking Lot. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 (G) (H) ... ::> (I) (J) (K) (L) REGULAR COUNCIL MEETING MINUTES April 17, 2000 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Gundlach, Petersen, Schenck and Ericson, City Manager Boyles, City Attorney Pace, Finance Director Teschner, Planning Director Rye, City Engineer Osmundson, Park & Recreation Director Hokeness, Park Maintenance Supervisor Friedges, Public Works Supervisor Hartman, Assistant City Manager Walsh, and Recording Secretary Meyer. APPROVAL OF AGENDA: MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE THE AGENDA. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. APPROVAL OF MINUTES FROM APRIL 3. 2000 REGULAR MEETING. MADER: Advised that on the last page it should be noted that Councilmember Schenck left the meeting ill and was unable to participate in the Executive Session. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE APRIL 3, 2000 REGULAR MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. AN EQUAL OPPORTUNITY EMPLOYER .c- '. MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: RECOMMENDED MOTION: CITY COUNCIL AGENDA REPORT APRIL 17, 2000 41 JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION OO-XX DENYING THE VACATION OF THE RIGHT OF WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE AND RESOLUTION OO-XX (A) APPROVING THE VACATION OF THE DEDICATED WATERFRONT ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE History: On April 3,2000, the City Council held a public hearing to consider the vacation of the 30-foot wide roadway located between Lots 5 and 6, Kneafsey's Cove, and the vacation of the dedicated waterfront adjacent to Lots 4 through 15, Kneafsey's Cove. Following the public hearing, the Council voted to deny the request to vacate the platted road right-of-way, but to approve the vacation of the dedicated waterfront. The Council directed staff to prepare two resolutions for this action. Conclusion: Attached is Resolution OO-XX denying the right-of-way vacation, and Resolution OO-XX (a) approving the vacation of the dedicated waterfront. These resolutions are consistent with the Council directive. The City Council has two alternatives: 1. Adopt Resolution OO-XX denying the vacation of the right-of-way and adopt Resolution OO-XX (a) approving the vacation ofthe dedicated waterfront. 2. Other action as directed by the Council. The staff recommends Alternative #1. A motion and second a motion and second to adopt Resolution #OO-XX denying the vacation ofthe 162,U"QQ.fiI.e6\9!Wac\09.,/)95\re.visedW9.095cc2.doll. .. P,aIUl,l lJUca~le Creek Plve. ;::,.c., Pnor LaKe, Ivunnesota 55372-1714 / Ph. (612) 447-4230 / Fax (tnz) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER right-of-way and to adopt Resolution #OO-XX (a) approving the vacation of the dedicated waterfront as part of the Consent Agenda is required. REVIEWED BY: 1:\99files\99vac\99-095\revised\99095cc2.doc Page 2 RESOLUTION OO-XX RESOLUTION DENYING THE VACATION OF THE RIGHT-OF-WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE BY: SECOND BY: WHEREAS, a petition for the vacation of the right-of-way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described access and street right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part of the 30.00 foot roadway created in the plat of KNEAFSEY'S COVE, Scott County, Minnesota and that part of the Water Front as shown on said plat described as follows: Beginning at the southeast corner of Lot 5, of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest coiner of Lot 6; thence westerly to the point of beginning. 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 Monday, April 3, 2000, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; 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 Planning Commission considered the vacation on March 13, 2000, and recommended the City Council deny the request as it is not in the public interest to vacate the right-of-way; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said road right-of-way would not be in the public interest. 16200 E~~1~~f~~~~S~~~.~~'p~r~~efa~~~~rn~~~ota 55372-1714 / Ph. (612) 447-4230 / Fax (612j~4~-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the petition to vacate the above described right-of-way in the City of Prior Lake, Scott County, Minnesota, is hereby denied. Passed and adopted this 17th day of April, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Schenck Schenck Frank Boyles, City Manager City of Prior Lake {Seal} 1: \99files\99vac\99-095\revised\resdeny .doc Page 2 RESOLUTION OO-XX(a) RESOLUTION APPROVING THE VACATION OF THE LAKE ACCESS ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE BY: SECOND BY: WHEREAS, a petition for the vacation of the lake access adjacent to Lots 4 through 15, Kneafsey's Cove, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described access and street right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated; and 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 Monday, April 3, 2000, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; 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 Planning Commission considered the vacation on March 13,2000, and recommended the City Council deny the request as it is not in the public interest to vacate the right-of-way and lake access; and WHEREAS, on October 17, 1994, the City Council reviewed and accepted the recommendations of the Lake Access Study as prepared by the City of Prior Lake Engineering Department and the Prior Lake Advisory Committee; and WHEREAS, the Lake Access Study recommended the vacation of the dedicated waterfront in the plat of Kneafsey's Cove; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said waterfront is consistent with the Lake Access Study and the Comprehensive Plan and is in the public interest. J:l.<l9file,s.\9Qva.c,\99-09.5\rev,ised\resappJ;.doc . &ge l 16-ZUO cagle ueeKAve. ::>.t.~, YnO LaKe, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the following described waterfront in the City of Prior Lake, Scott County, Minnesota is hereby vacated: LEGAL DESCRIPTION: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated. Passed and adopted this 17th day of April, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Schenck Schenck Frank Boyles, City Manager 1: \99fi1es\99vac\99-09 5\revised\resappr .doc Page 2 , ~lN. "e..,..... ...... "'!'., '...~,; ~~J' ...... ". ...,.' "..........'...'..'....i(f ..' .' ..' ..,~...:~ '.' ...... MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA ITEMS (A) AND (C). VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of Disposal of Excess City Equipment GUNDLACH: Supported the action, but removed the item to suggest that a procedure or policy be put in place for regular disposal of excess or old equipment. After further discussion regarding how other companies dispose of equipment, there was consensus among the Councilmembers that staff should pursue developing such a policy that could apply to regular disposal of any old or unused property and equipment, including that property obtained through police actions. MOTION BY GUNDLACH, SECOND BY PETERSEN, TO APPROVE THE DISPOSAL OF EXCESS EQUIPMENT AS RECOMMENDED BY STAFF. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. PRESENTATIONS: NONE. "PUBLIC HEARINGS: rf'\JPublic H~~ring to Consider Approval of Resolution DO-XX Denying the Vacation of the Lake qfY Access .."" .~-ot.W., for;. 'KlHllllsey'. streef. Adjacent to Lo. 4.'Through 15,Kneafsey's Cove. . Mayor Mader declared the public hearing open. RYE: Provided a brief history the item in connection with the staff report, and described to the Council the relationship between the lake access, right-of-way and adjacent properties. Also advised of the issues before the Council and the alternatives available. MADER: Asked for clarification as to what part of the street is affected, and if there was a previous Council action to vacate the entire waterfront within the plat. RYE: Explained that the Council took action to approve the Lake access study, which recommended vacation of the roadway. The report was approved but the Council did not take any further action to vacate the roadway. JOE CADE: (attorney for applicant, and property owner on the bay across from the subject property): Discussed the plat drawing of the property and how narrow the area to be vacated actually is. Noted that the City had already vacated the area that had been dedicated to the public adjacent to lots 2 and 3. Further noted that the Planning Commission's recommendation comes from their consideration of the standard proposed in the DNR and Attorney General opinions that there was no reasonable use for the property. Discussed the actual statute standard that the Council must consider in determining whether the vacation is in the public interest. Believed that the public access at this point does not make sense, and should be vacated by the City. 2 " City Council Meeting Minutes April 3, 2000 MADER: Asked if the legal description on the plat dedicates the area to the use of the public. Added that there is a difference between a survey line drawn at the time intended to establish a property boundary at the waterfront, and land that has been specifically dedicated for public use. CADE: Confirmed that the plat specifically dedicates the waterfront and access to the public. CADE: Continued that the reasons for vacating the property include the narrow street, limited parking availability, that the access is not easily accessible and the lack of any turn-around. Noted that staff and the Lake Advisory Committee have both recommended vacating the access. Further discussed that the property owners in the area were under the impression that the vacation had already taken place in 1995. Asked for a vacation of the property from the OHW mark at 904' above sea level to the property line, together with the lake access. ERICSON: Advised that he had visited the area and agrees that the lake access is not conducive to heavy public use because there is no parking, and that the plat map is much more reflective of the area. LILLIAN GOODENSON: (owner of Lot 4): Noted that her family has owned the property for 45 years, and that in trying to sell her property the implication of public use of the waterfront along her property has frightened off many potential buyers. DICK KUYKENDAHL: (6495 Kneafsey's Street, Lots 9 and 10): Added that there is a question where the actual property line is located, and that the practicality is that the property is not easily accessible to the public. Noted that the DNR and Attorney General opinions take liberty with their authority to regulate property above the 904'. There is no parking available. Also discussed the burden for maintenance reverts to the adjacent property owners because they are the people who are there every day. There are also the issues of practical enforcement for the City in maintaining another public access. Stressed that there needs to be consistency in public policy. SCHENCK: Asked if Mr. Kuykendahl's property is taxed as a riparian lot. KUYKENDAHL: Could not confirm or deny, but it is implied. CADE: Advised that there has been some research into the taxes assessed for the waterfront properties and there is no differentiation from the Assessor's standpoint. Tax statements do not denote waterfront and non-waterfront properties. MADER: Added that the tax rate is based on market value, and that the problem described is not unique and exists for many properties on the Lake where it is unclear where the property line runs next to the Lake. No other persons chose to address the Council. MOTION BY PETERSEN, SECOND BY GUNDLACH, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried. The public hearing closed at 8:18pm. GUNDLACH: Advised that he had, as did the Planning Commission, concern with the implications that there was no public purpose for maintaining this access and waterfront. Also noted that the City has never done anything with the Lake access with respect to grade at the water. Supported vacating the waterfront, but was concerned about vacating the access. 3 City Council Meeting Minutes April 3, 2000 PETERSEN: Noted his support for limiting public accesses to the lake, but that property owners across the street should have the right to use the access. Further advised that there are many instances around the lake where property owners are arguing about public use of beaches and lake accesses abutting their private property. GOODENSON: Asked if the people in the Rustic Road area have their own lake access, and noted that those property owners had no need to use the Kneafsey's access. MADER: Noted that the discussion should be limited to Councilmemberd since the public hearing had . been closed. SCHENCK: Agrees with Councilmember Petersen that if property owners along the lakeshore have the illusion that the property is lakeshore, they should have the title to the property down to the 904' OHW. Noted that in 1994 the LAC completed a study and found that there were 36 accesses to Prior lake. Since that time, the Council has attempted to reduce access. Supports the vacation of both the waterfront and the access. ERICSON: Noted that after viewing the area, believes there is no public interest in maintaining the property. Also supports vacating the remainder of the access as well as the waterfront. RYE: Explained that rationally the area seems to be private property available for private use. By implying there is a public use there are maintenance issues and issues of public liability. MADER: Believes that there needs to be a more long-term solution to the lake access problems. However, also noted that once a public access is given up, there is no way to get that access back. Recommended vacation of the lakefront property, but to maintain the access. MOTION BY MADER, SECOND BY GUNDLACH TO VACATE THE WATERFRONT PROPERTY ADJACENT TO THE PRIVATE PROPERTIES, BUT TO MAINTAIN THE LAKE ACCESS AS PRIVATE PROPERTY. ERICSON: Suggested acting on each of the items separately. MADER withdrew the motion, GUNDLACH the second. MOTION BY MADER, SECOND BY GUNDLACH TO DENY THE VACATION OF THE LAKE ROADWAY ACCESS. SCHENCK: Suggested that there may be a public use for the property such as a scenic vista, with a park bench. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, Nay by Schenck, the motion carried. There was some discussion on amending the proposed resolution to deny the vacation of the lake access, and eliminate any reference to the waterfront property. MOTION BY MADER, SECOND BY PETERSEN, TO DIRECT STAFF TO PREPARE A RESOLUTION APPROVING THE VACATION OF THE WATERFRONT PROPERTY ADJACENT TO lOTS 4 THROUGH 15, KNEAFSEY'S COVE. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried. 4 City Council Meeting Minutes April 3, 2000 MOTION BY SCHENCK, SECOND BY ERICSON, TO DIRECT STAFF TO CLOSE THE VACATED ACCESS AREA FOR USE AS A SCENIC VISTA. PETERSEN: Clarified that with this action, if the access needed to be opened twenty years from now, the City could do it. ERICSON: The purpose is that the City would maintain ownership, but the scenic vista would effectively cut off the access from heavy public use for now. SCHENCK: The area would also be available for the effective removal of snow. MADER: This way staff can come back with a specific plan, and Council member Schenck's action is to initiate that effort. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. OLD BUSINESS: Consider Approval of Resolution 00-22 Approving the Final Plat and Development Contract for Glynwater Third Addition. BOYLES: Reviewed the item in connection with the staff report, as well as the recommendation by staff. MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-22 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR GL YNWATER THIRD ADDITION. ERICSON: Asked if Brookside Lane enters an area that is already developed. RYE: Confirmed that it enters Glynwater 2nd Addition. MADER: Asked the City Attorney if the Developer's Contract is the standard agreement. PACE: Confirmed. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried. The Council took a brief recess. Consider Approval of Subcommittee Report Regarding City Council Bylaws. BOYLES: Briefly reviewed the agenda item in connection with the staff report. Also noted that the subcommittee worked hard to compose a set of bylaws that can be used as a long-standing document. Further noted that the Council may want to also discuss moving the Council meetings from Monday to Tuesday nights. Advised of the advantages to moving the meetings, including an additional business day after the weekend, avoiding conflicts with Monday holidays, and allowing the Council a greater opportunity to spend their weekends with family. ERICSON: Noted that the subcommittee diligently considered all of the input received. Also commented that he had no problems with meeting either Monday or Tuesday nights. 5 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 3, 2000 7A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION OO-XX DENYING THE VACATION OF THE LAKE ACCESS AND RIGHT OF WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE History: Kneafsey's Cove was platted in September 1946. The plat dedicated the roadways and waterfront to the public including a 30- foot wide roadway located between Lots 5 and 6. In September, 1999, the City received a petition from the property owners of Lots 5 and 6, William and Margaret Righeimer and James and Nancy Samec, requesting the vacation of a 30-foot wide lake access and roadway located along the waterfront between Lots 5 and 6. The reason for this petition was to allow the adjacent owners to assume ownership for maintenance purposes and to reduce a hazardous vehicle situation with respect to parking and vehicles entering the lake. On December 13, 1999, the applicants requested this item be deferred to allow the petitioners to amend the original petition to include the entire waterfront. On February 9,2000, we received an amended application signed by Steven and Linda Erickson (Lots 12 and 13), Raymond and Kathryn Cornforth (Lots 14 and 15) and C. Richard and Patricia Kuykendal (Lots 9 and 10), in addition to the original petitioners, William and Margaret Righeimer and James and Nancy Samec. These petitioners constitute more than 50% of the property owners, so the petition includes the entire waterfront adjacent to Lots 4 through 15, Kneafsey's Cove. Current Circumstances: The Planning Commission reviewed this vacation request on March 13,2000. The Planning Commission recommended denial of the proposed vacation, noting the vacation of the property is not in the public interest at this time. There may be some future need for this access. A copy of the draft minutes for the 1:W9filell\99Yac\99-095\r~vised\99.095cc.doc F,aJU:rl 162uu cagle Creek f!.ve. ;:).1:::.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (b-lZj 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: March 13,2000, Planning Commission meeting is attached to this report. The Issues: Minnesota Statutes 412.851 allows the Council to vacate easements or right-of-way by resolution. The statute states that "no such vacation shall be made unless it appears to be in the public interest to do so." The Comprehensive Plan does not specifically discuss lake access. The vacation of the roadways and waterfront is not inconsistent with any specific goal or objective ofthe Comprehensive Plan. The Comprehensive Plan encourages regulation of the privatization of natural and historic features to preserve public interest. On October 17, 1994, the City Council accepted the Lake Access Study as prepared by the Engineering Department and the Lake Advisory Committee. The study recommends the vacation ofthe dedicated waterfront in the plat of Kneafsey's Cove. On October 2, 1995, the City Council approved the recommendation to vacate the entire waterfront within the plat. As determined by the City Council in 1994 and 1995, there is no public need (with respect to lake access) for the dedicated waterfront within the entire plat. Conclusion: The Planning Commission recommended denial of the vacation (on a 3-2 vote), concluding it is not in the public interest to vacate this easement at this time. The Department of Natural Resources (DNR) and the Attorney General's office concur with the Planning Commission's position as set forth in the attached letters. The staff, however, recommends approval ofthis vacation. This vacation is consistent with the Lake Access Study recommendations adopted by the City Council in 1994 and 1995. Furthermore, the streets in this area are narrow and there is little room for on-street parking. The City Council has three alternatives: 1. Adopt Resolution oo-xx denying the vacation. 2. Direct staff to prepare a resolution approving the vacation as requested. 3. Defer this item and provide staffwith specific direction. The Planning Commission recommends Alternative #1. Ifthe Council concurs with this recommendation, a motion and second to adopt Resolution #OO-XX denying the vacation of the easement as requested is required. 1: \99fi1es\99vac\99-095\revised\99095cc.doc Page 2 The staff recommends Alternative #2. If the Council concurs with the staff recommendation, a motion and second directing staff to prepare a resolution approving this vacation is necessary. REVIEWED BY: Frank 1: \99fi1es\99vac\99-095\revised\99095cc.doc Page 3 RESOLUTION OO-XX RESOLUTION DENYING THE VACATION OF THE LAKE ACCESS AND RIGHT-OF- WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE BY: SECOND BY: WHEREAS, a petition for the vacation of the lake access and right-of-way for Kneafsey's Street adjacent to Lots 4 through 15, Kneafsey's Cove, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described access and street right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated, and that part of the 30.00 foot roadway named Cove Avenue dedicated in said plat, and described as follows: Beginning at the southeast corner of Lot 5, of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest corner of Lot 6; thence westerly to the point of beginning. 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 Monday, April 3, 2000, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; 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 Planning Commission considered the vacation on March 13, 2000, and recommended the City Council deny the request as it is not in the public interest to vacate the right-of-way and lake access; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said road right-of-way would not be in the public interest. 16200 E~~gf~~~~~8~~~~.~fYrYbsre~)I~~~~f8h1~<6ta 55372-1714 / Ph. (612) 447-4230 / Fax (612j~J7-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the above described lake access and right-of- way in the City of Prior Lake, Scott County, Minnesota to be vacated is hereby denied. Passed and adopted this 3rd day of April, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Schenck Schenck Frank Boyles, City Manager City of Prior Lake {Seal} I: \99files\99vac\99-09 5\revised\rsOOxxcc.doc Page 2 ,.. vc~ - nCfS pm. R 7.1:)11 fiOOt;O CITY OF PRIOR LAKE APPLICATION FOR STREEr, ALLEY AND UTILITY VACATION Applicant: Joseoh R. r~AP. AttornQY Address: 14141 ~lQBd~lB Road, aavagQ, MN aa378 Bane Phone: It)rk phone: 612 S94 9400 Property OWner: Willi:m ~~~ ~~:~~~~t Righp-impr Address: 14794 Cove _ve___ ___ __,:,,;r T.~kPr MN t;t;~7? (Lot 5, KP~ilf5iey' 5 Cove Bane Phone: 612-440-5344 It)rk Phone: - Legal Description of Site to be Vacated: SP-P- ~tt"l("'nt:>n 1 p-ttpr from Valley Survpyinry en p n Exhibit A ~ J' - -0 Reason for ReqUest: (May Attach) See atta<;:hed E~hi hi t 'R SJBMISSION mDUIREMOOS: (A) Completed Application fcon- (B) Complete Legal description & Property Identification ~er (PID) . (C) Complete legal description of vacation site. (0) Petition or letter including the signatures and addresses of all property owners who own land adjacent to the proposed vacation site. (E) Certified SUrvey of the proposed vacation site. (F) Filing Fee. ONLY COMJ:t,~ APPLICATIONS S1ALL BE. RWIBiED BY THE CITY COmaL. To the best of ~ knowledge the infonnation presented on this form is correct. Date ~uhr ~e 21j?? THIS SECl'ION 'lO BE FILLED our BY THE PLANNIN:i DIRFX:.l'OR CITY <:omCIL CDNDITIONS: APPRCNED DENIED HEARIN:i DATE Signature of the Planning Director Date I4I 002 vc P!Dt R .. ., ,'. CIT!{ OF PF.rOR LAKE ;!IPR.ICATION roR STREET, .'AUE[ AND UTlLITY VACATION ~. _.__ ____ .~_ u_ ...___ ~. ___. u. ,.___-,-,-,__.:.;..;.___ .-.-______.__,_.._. Applicant: JQI,;H'!ph R. rAnI" nt-t-nrn~y . Address: 14141 .Glend;:)] EO! RoafJ, !=:avrlgp. MN....,5l) ':p R Bane Phone :_... l'iJrk Phone: ~Cljacen:t ....Property Owner:.... LTam~s and Nanr.y Address: 1479~ Cove Avenue SE. Same Phone: 612-440-5338 .. -.., 612-894-6400 !=:ampr. Prior Lake. MN 55372 CLots 6&7. Kneafsey's ~rk Phone: Cove) Legal Descriptil:l1n of Site to be Vacatea: Reason for Requl:!st: (May Attach) . SlJBMISSICN REDtJ:!:REMmrS: (A) Canpleted Application form. (B) Canplete Legal description & PropeI:ty Identification.. N.lmber (pm) . (e) Canplete .legal description of '\7acation site. (D) Petition or letter including the signatures and addresses Ole: all property owners who own land adjacent to the prop:>sed vacation site. (E) SUrvey or map of the prop:>sed vacation site. (F) Filing Fee. CE.Y COMPLmE APPLICATIOOS SHALL BE R.E\TmiED BY mE CITY o:::uN:IL. To the best of ll:~Y kn0\71edge the information presented on this form is correct. Applicants Signature ~~ - ~. Sign~re , O-~ THIS SECTICN '10 BE FILLED CUT BY THE PI..ANNJRi D:r.RECIOR Date q-::2!>-99 Date q - 2,S--C/Q CITY CCXJOCIL ' APFROlED DENIED 8F.AR1N; DATE OJNDITIONS:_... Signature of the:~ Planning Director rate 'I EASTLUNO, SOLSTAO, CAOE & HUTCHINSON L TO. LAW OFFICES ' 1702 MIDWEST PLAZA BUILDING 801 NICOLLET MALL~'" MINNEAPOLIS, MN 55402 2193 , ~ :'11 :1 I'l: ;11 r. (:i w 'I: 1: DATE 75-7562 ! I ....J5"~.q~_ 912 00 $ 2.o~ - il PAY ^ n "' 6~6~~ OF \.' / I "'\ I J 0 sr i' (( I n ~ L A I< E ~ I ~I'--'- \ ,!, J i~ '\0 )-\ II Jl 'I i'.. (Gf:";J) I").l0h IUO ) )00 t .. - ". J.-!- R & - tFIRST COMMUNITY 14141 GLENDALE ROAD BANK ~~i~~~96~ 55378 FOR~'~ ,'____ ~ r ""* 1& i -;2 . ) III 0 0 2 F~ :llll I: 0 9 l. 2 0 7 5 b b I: b b QOLLARS me"::' .dn,~r.( s~ -:._,. .._. "_;"";~...~.,:';'."",..'-,'::-,,;,,~~,__,,,"_......_.._.,,,..._"~~ 4--.;... ....."'-. CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, FAX (612) 447-4245 RECEIPT # 36133 DATE: /I/iS/c;q . / ' 1 Received of !'~~,,~-Li, 1 ;'-".'''---1 _ .,") f t" l.J :~>~\ (~. ~ ........, .' i "-\,...i.: 1,,_/ ____' ( .:! _..., 1!~"..J \.,/ ~_.. ., ( ~/j ::l_..t... , , + / / '{,f .r:_?'~ __it), ~(\~.-':-y '-..' , -i /1 I ,~..'/ \ ' the sum of -./-~: i .TC;-\ ~--lL [_(. '"'( t{/t.._.c .~(~ ~+ r. / '.1-;1 i (~,(-, --~-'----_.,----..__.--__._""'-.._~_. ______. __ dollars for the purpose of ( )Ci~ (~//, T., __ ,--" ~,.i.,....L.-"_:'-,":,, , ~'l~ .~~'~./~-L~ '.' >~.~. ./ Invoice # -.~ """'\_ C.O $ cf,( l) =-- /'\ !'. ./' 1/ j /' \ ~....\ ! n !.; .~ /; r,' 'r.. ,I .' /' ....-_--X-)~-'v-^___ t.,/\.. ..i..J} .-' ''-~~'-\(-' ----- / Receipt Clerk for the City of Prior Lake ",--/" EXHIBIT A REASONS FOR REQUEST TO VACATE ACCESS AND WATERFRONT The access, at the end of Cove Avenue, was included in a 1946 plat of Kneafsey's Cove. Cove Avenue is a 30' wide street, and the proposal is to vacate an area approximately 25' from the lake. It is simply not located in a place that is desirable for a lake access, and is too small to be suitable for lake access. The site has never been maintained by the City as a lake access, and for practical reasons, the City is not able to properly manage and control the site as an access. Maintenance of the area, and removal of debris, has been performed by the adjacent homeowners. Parking is not available on or near the site. There are no nearby pUBlic streets available for parking. There are three narrow lots to the west of Cove Avenue. Each lot has a driveway to and from Cove Avenue that prevents members of the public from parking on the west side of the avenue. On the east there is one lot, the entry to which is at an angle from Cove Avenue. On occasion, persons have parked on Cove Avenue and blocked residents' driveways, and so as a result, the City posted it as "No Parking." It is hazardous to simply allow the avenue to end at the lake without a gate or warning signs. On at least two occasions drivers had driven down Cove Avenue and right into the lake. The access has not been available for use during many winter months. City crews frequently push snow down Cove Avenue and pile it on the site. The Council has previously vacated the water front adjacent to lots 2 and 3. There is simply no reason not to vacate the remaining portions designated as water front in the plat. The Prior Lake Advisory Committee recommended that the access site and water front be vacated, and the Council approved that recommendation following a public hearing on October 2, 1995. ../ REASONS FOR REQUEST TO VACATE ACCESS The access, at the end of Cove Avenue, was included in a 1946 plat of Kneafsey's Cove. Cove Avenue is a 30' wide street, and the proposal is to vacate an area approximately 25' from the lake. It is simply not located in a place that is desirable for a lake access, and is too small to be suitable for lake access. The site has never been maintained by the City as a lake access, and for practical reasons, the City is not able to properly manage and control the site as an access. Maintenance of the area, and removal of debris, has been performed by the adjacent homeowners. Parking is not available on or near the site. There are no nearby public streets available for parking. There are three narrow lots to the west of Cove Avenue. Each lot has a driveway to and from Cove Avenue that prevents members of the public from parking on the west side of the avenue. On the east there is one lot, the entry to which is at an angle from Cove Avenue... On occasion, persons have parked on Cove Avenue and blocked residents' driveways, and so as a result, the City posted it as "No Parking." It is hazardous to simply allow the avenue to end at the lake without a gate or warning signs. On at least two occasions drivers had driven down Cove Avenue and right into the lake. The access has not been available for use during many winter months. City crews frequently push snow down Cove Avenue and pile it on the site. The Prior Lake Advisory Committee recommended that the site be vacated, and the Council approved vacating the site following a public hearing on October 2, 1995. EXHIBIT B I' . State of Minnesota ) )ss. County of Scott ) Doc. No. A 473168 OFFCE OF THE COUNTY RECORDER SCOTT COUNTY. MINNESOTA Certified Filed and/or Recorded on 04-26-2000 at 11 :00 M /JM [ ] PM Pal ,,~n. County Recorder "" Deputy Fee: $19.50 by · I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the\city of Prior Lake, do hereby certify that the attached Resolution 00-26 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its April 17, 2000 meeting. Date: tJ11 fl 06 h:\certify.doc ... .... '\' ......,~ "'~';" '\ . 'E" , ..... t>-h ~(I!ir~f.\ .~.. "V..."~~';':i...' OJ; .,.}"r';: > 0." ,,- I,:\.l.'........ '. './ '..it , _-z-. /-,' ,,-r;",,". .At.." I~; . ..' ~l'...'.'.........~. .... '7'..... I f>-:;'" " ' ~;r."- j ~ .. q:,;'(r:,'"-',_,;,, h-; .', ; '-..:-~, Q ;:n"~.......r-< J,,'.,'!,i, :.. :;: ,/ ,_; n::$. I;';;::;"~ r~:\~: . ~j:;~"~ '1; _ Cl-. ': ~! .,-~1', CY-.l }',;=:}I: ." ~:'" l~ '4;JW~~' . ~;:'U "',' _, i:i:". i:'..,~ ,~ ;'.', \ \Y' .. 0''1' If),.' :' ~" : :.o.'.t', 0"00,0 ....../..........~ , "," ,"'. ,.', .. ..,,,......... ...'......:'...{ \.I...~.. ...,il '".1. . . . . .. __ ... r- <"'\ .' F ''''-I.1..! Q\" .~;;_"_,~~~~.~\ '_~O ~ " , >~:; \~, ~ '\ \.,\,'":~.'" .,- - i RESOLUTION 00-26 RESOLUTION APPROVING THE VACATION OF THE WATERFRONT ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE MOTION BY: ERICSON SECOND BY: GUNDLACH WHEREAS, a petition for the vacation of the lake access adjacent to lots 4 through 15, Kneafsey's Cove, has been duly presented to the City of Prior lake, signed by the owners of the property abutting the following described access and street right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: lEGAL DESCRIPTION: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated; a5-1 \to . and 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 Monday, April 3, 2000, at 7:30 p.m. in the Council Chambers at the Prior lake Fire Station #1; 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 Planning Commission considered the vacation on March 13, 2000, and recommended the City Council deny the request as it is not in the public interest to vacate the right-of-way and lake access; and WHEREAS, on October 17, 1994, the City Council reviewed and accepted the recommendations of the lake Access Study as prepared by the City of Prior lake Engineering Department and the Prior Lake Advisory Committee; and WHEREAS, the Lake Access Study recommended the vacation of the dedicated waterfront in the plat of Kneafsey's Cove; and WHEREAS, the City Council of Prior lake has determined that the vacation of said waterfront is consistent with the lake Access Study and the Comprehensive Plan and is in the public interest. 16200.Eagle Cteek AVe~ S.E'A Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 r:\councI1\i-esolutI\planres\2000\vO-26.doc Page I AN EQUAL OPPORTUNITY EMPLOYER .'. " NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the following described waterfront in the City of Prior Lake, Scott County, Minnesota is hereby vacated: LEGAL DESCRIPTION: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated. Passed and adopted this 17th day of April, 2000. Mader Ericson Gundlach Petersen Schenck YES X Mader X Ericson X Gundlach X Petersen X Schenck NO Frank Boyle r: \council\resoluti\plames\2000\OO- 26.doc Page 2 fll E COPl RESOLUTION 00-25 RESOLUTION DENYING THE VACATION OF THE RIGHT-OF-WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE MOTION BY: ERICSON SECOND BY: GUNDLACH WHEREAS, a petition for the vacation of the right-of-way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described access and street right-of- way situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part of the 30.00 foot roadway created in the plat of KNEAFSEY'S COVE, Scott County, Minnesota and that part of the Water Front as shown on said plat described as follows: Beginning at the southeast corner of Lot 5, of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest corner of Lot 6; thence westerly to the point of beginning. 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 Monday, April 3, 2000, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and WHEREAS, the City Coun~i1 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 Planning Commission considered the vacation on March 13, 2000, and recommended the City Council deny the request as it is not in the public interest to vacate the right-of-way; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said road right-of- way would not be in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the petition to vacate the above described:righft-of-way in the City of Prior Lake, Scott County, Minnesota, is hereby d~nied. Passed and adopted this_17th day of April, 2000. ~6200 .Eagle Creek Ave. S.E.O Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / ,Fax (612) 447-4245 r.\counctl\resolutl\planres\2000\ 0-25.doc AN EQUAL OPPORTUNITY EMPLOYER Page I .. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Petersen X Petersen Schenck X Schenck {Seal} I' r: \council\resoluti\planres\2000\OO- 25. doc Page 2 ~ c:r .. ~ PDRTIoN OF lb Be VA~=-~ ;~ 131175 '" --- 600 ---" .... ... \ - . ..-- .A /-"-. . . --- 868.3C-- .." ..- ,. ~- .. .. --- 1461.40 -- EXHIBIT A REASONS FOR REQUEST TO VACATE ACCESS AND WATERFRONT The access, at the end of Cove Avenue, was included in a 1946 plat of Kneafsey's Cove. Cove Avenue is a 30' wide street, and the proposal is to vacate an area approximately 25' from the lake. It is simply not located in a place that is desirable for a lake access, and is too small to be suitable for lake access. The site has never been maintained by the City as a lake access, and for practical reasons, the City is not able to properly manage and control the site as an access. Maintenance of the area, and removal of debris, has been performed by the adjacent homeowners. Parking is not available on or near the site. There are no nearby public streets available for parking. There are three narrow lots to the west of Cove Avenue. Each lot has a driveway to and from Cove Avenue that prevents members of the public from parking on the west side of the avenue. On the east there is one lot, the entry to which is at an angle from Cove Avenue. On occasion, persons have parked on Cove Avenue and blocked residents' driveways, and so as a result, the City posted it as "No Parking." It is hazardous to simply allow the avenue to end at the lake without a gate or warning signs. On at least two occasions drivers had driven down Cove Avenue and right into the lake. The access has not been available for use during many winter months. City crews frequently push snow down Cove Avenue and pile it on the site. The Council has previously vacated the water front adjacent to lots 2 and 3. There is simply no reason not to vacate the remaining portions designated as water front in the plat. The Prior Lake Advisory Committee recommended that the access site and water front be vacated, and the Council approved that recommendation following a public hearing on October 2, 1995. Minnesota De artment of Natural East Metro Area Trails and Waterways ~ 200 Warner Road ul Minnesota 55106 Phone 651.772.7937 Facsimile 651.772.7977 .......-- February 23, 2000 Jane Kansier, ORC Coordinator City of Prior Lake 16~00 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372 Subject: Petition to Vacate Kneafsy's Cove Lake Access and Right of Way Dear Ms. Kansier: We have reviewed the information concerning the amended application for the above vacation. The amended application includes additional waterfront on either side of the original proposal. Our / department continues to oppOse the vacation of the portion of Cove Avenue that abuts the lake (west of and adjacent to Lot 6). We have no comment on the remaining waterfront proposed to be vacated. Vacating the Kneafsy's Cove Avenue Easement would be a very significant loss: + The shoreline is highly desirable with a gradual slope, sand beach, and southern exposure. It provides lake access for the second, third and fourth tier homes in the neighborhood. + The proposed vacation is located in an area with increasing population. This opportunity for current and future local and Minnesota residents to access Prior Lake should be preserved. + Prior Lake is currently under-served in terms of public access. This site offers an additional long-term opportunity for the public to access a public lake. Generally, the Department of Natural Resources opposes all such vacations of public right of way to public waters for a number of reasons: . It is impossible to project what potential public uses and value these rights of way could have in the long-term. Once vacated, they are lost to the public forever. The state owns the lake bed. Therefore, public access to public water should be retained whenever and wherever possible. The street is currently owned by the public; the public has the right to use it. That right should not be given away to private interests. . The public can use accesses like the Kneafsy's Cove easement for a variety of purposes including shore fishing, canoe access, winter access, swimming, picnic areas, sightseeing and others. These opportunities should not be given away. Considering the limited public opportunities around Prior Lake, the unique characteristics and opportunities the Kneafsy's Cove Avenue site offers, neighborhood interests, and long-term interest of the public, the road vacation proposal should be denied. ^-- Thank you for the opportunity to comment on this proposal. If you have further questions, - please contact me. Sco J." ':ling <( /~ Area Trails and Waterways supervist c: Bill Johnson, DNR Region 6 Trails and Waterways Superviosr Pat Lynch, DNR Area Hydrologist Joan 8chhorst, Office of the Minnesota Attorney General H:\priorvacal..kn8llfsy2. wpd STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL MIKE HATCH A'ITORNEY GENERAL SUITE 900 44S MINNESOTA STREET ST. PAUL, MN 55101.Z127 TELEPHONE: (651) Z97.1075 December 22, 1999 ~~(~@O~@ ~~! '~li:ii , V'j OEG219Jl "/ Jane Kansier, DRC Coordinator City of Prior Lake 16000 Eagle Creek Avenue Southeast PriorLake, MN 55372 Re: Proposed Vacation of Kneafsy's Cove Lake Access & Right-Of-Way Dear Ms. Kansier : The purpose of this letter is to support the objection of the Department of Natural Resources to the proposed vacation of Kneafsy's Cove Lake Access & Right-Of-Way by providing the legal backdrop regarding the issue. Minnesota law prohibits the vacation of property dedicated for public use unless the persons requesting the vacation prove that the property is useless both now and in the future for the purpose for which it was laid out. It is an extremely high standard which is rarely satisfied. The standard is justifiably high because if the property is vacated the public will lose forever another public water access site. It is important to preserve lake access for the public because development occurring on lakes impairs, and often eliminates, access and enjoyment of lakes by those members of the public who cannot afford or do not own lake shore property. The standard for vacating property dedicated to public use is extremely high. Land that is dedicated to the public should not be vacated unless it appears that the property "is useless for the purpose for which it was laid out." Minn. Stat. ~ 505.14 (1998). Property dedicated to the public for its use is rarely vacated because it must be shown that the property is both currently useless for the purpose for which it was laid out and also that it lacks any potential future uses as well. It does not matter that the property is not currently used or that it may be difficult to develop for its dedicated purpose. It is also not a balancing test as to what is in the public's best interest. Rather, the focus is on the public's right to use the property and whether the property is useless for its dedicated purpose. Three key Minnesota Supreme Court cases set forth the rule. In Schaller v. Town of Florence, 193 Minn. 604, 259 N.W. 529 (1935), the plaintiff sought to vacate property located on Lake Pepin. The Court warned that careful consideration needs to be accorded such vacations and that it is the public interests and not private interests which govern those actions: Facsimile: (651) 297-4139' TrY: (651) 296-1410' ToU Free Lines: (800) 657-3787 (Voice), (800) 366-4812 CITY)' www.ag.state.mn.us An Equal Opportunity Employer Who Values Diversity 0 Printed on 50% recycled paper (15% post consumer content) e Jane Kansier December 22, 1999 Page 2 Whether this very desirably located area, solemnly dedicated to public use, should be restored to private ownership and thus, perhaps for all time to come, lost to the public and made an appendage to private enterprise for individual profit or enjoyment, or both, is a matter that should receive our most careful consideration. The present trend of public opinion is directed toward restoring to the public access to our lakes, our parks, and our forests for recreational and other proper uses. 193 Minn. at 614, 259 N.W. at 534-35 (emphasis added, citation omitted). Likewise, in the case of In Re Petition of Krebs, 213 Minn. 344, 6 N.W.2d 803 (1942), the petitioner sought to vacate a street leading to Lake Bemidji. The petitioner claimed that the street proposed to be vacated was not used by the public and was not kept in repair. The Court rejected those assertions stating that mere non-use is not sufficient grounds for vacation and future potential use must be considered: Before it can be vacated, it must appear that the street is useless for that purpose. The evidence shows only that the street is not now used. This is not sufficient. It does not show that the street may not be used in the future. .. Moreover, we must not forget that the public includes persons other than those in the immediate vicinity. The general public has a true concern in the recreational facilities offered by the lakes which nature has so freely given us in this state. Their generous sharing by all will make for a healthier and happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. 213 Minn. at 347, 6 N.W.2d at 804-5 (emphasis added). In Krebs the petitioner also contended that the street should be vacated because the public could get to the lake more conveniently by other routes. The Court firmly rejected that contention refusing to give any weight to the existence of other means of access: "[T]he question for consideration here is whether [the] street is useless, not whether some other street is more useful. The burden of making such a showing has not been met by petitioners." 213 Minn. at 348,6 N.W.2d at 805 (emphasis added). Finally, in the case of In Re Application of Baldwin, 218 Minn. 11, 15 N.W.2d 184 (1944), the petitioners attempted to vacate an unconstructed dedicated street providing access to Lake Minnetonka relying on the alleged non-use of the street and the fact that there were other means of access. The Court disagreed emphasizing the rights of the public and directing that the statutory term "useless" should not be given any restricted meaning: Jane Kansier December 22, 1999 Page 3 Apparently lost in the shuffle were the rights of the public in the lake itself, for neither party seems to have given much consideration to the value of the Lake Street, located as it is on the shores of St. Albans Bay, in providing lake frontage and shore line for the use of the public for recreational purposes. .. The contest here is not a mere bout between private individuals with members of the public acting in the role of spectators. The public has a real and substantial interest in the outcome. .. Keeping in mind the value to the public of free access to and use of the lake shore, we at a loss to know how any part of Lake Street has become useless with in the meaning of that term as commonly defined. The word 'useless' which appears in . .. 9 505.14 . . . should not be given any restricted meaning. Courts should ascribe to it the well-accepted connotation: 'not serving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. ' 218 Minn. at 15-18, 15 N.W.2d at 186-87 (emphasis added, citations omitted). As the Court warned: "[A]ny decree of vacation must be supported by clear proof that the street has in fact become 'useless' to the public in the full and unrestricted meaning of that term." 218 Minn. at 19, 15 N.W.2d at 188. In this case, DNR asserts that the facts demonstrate that the property can be used, both now and in the future, by the public in numerous ways throughout the year. Vacating Kneafsy's Cove Lake Access & Right-Of-Way would be a significant loss because of its unique features. The shoreline is highly desirable with a gradual slope. sand beach, and southern exposure. It provides lake access for the second, third, and fourth tier homes in the neighborhood. The proposed vacation is in an area with increasing population and access should be preserved for current and future residents. Also. Prior Lake is currently under-served in terms of access, and this site offers long-term opportunity for the public to access to the lake. As a matter of law, it does not matter that the property may have been used little, if at all, by the public. This is especially true in those cases where the public is not even aware that it had the right to use the property. It also does not matter that the property may be undeveloped. Finally, it does not matter if there are other public access sites on the lake or that if vacated the property may return to the tax rolls. The essential and only issue is whether the property is useless both currently and in the future using the unrestricted definition of "useless" ascribed to it by the Court in Baldwin: not serving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. If the facts show that the property is useable in its current state for its dedicated purpose or that it has potential future uses, it cannot be deemed useless and cannot be vacated. To do Jane Kansier December 22, 1999 Page 4 otherwise would clearly be unwarranted, contrary to well-established law and detrimental to the public's recreational needs by taking away another public water access site forever. Sincerely, /-, r/~ ~LL (\ '\ 'Lld..-~-t,~ JOAN M. EICHHORST Assistant Attorney General (651) 296-0697 AG:336696. v. 1 Planning Commission Minutes March 13, 2000 Kansier said they will work up the language and come back to the Commissioners. 6. New Business: A. Case #99-095 Review request to vacate lake access and right-of-way for Kneafsey's Street adjacent to Lots 4 through 15, Kneafsey's Cove. Kneafsey's Cove was platted in September 1946 dedicating the r to the public including a 30-foot wide roadway located be September, 1999, the City received a petition from the p William and Margaret Righeimer and James and Nan of a 30-foot wide lake access and roadway located and 6. The reason for this petition was to allow the adj for maintenance purposes and to reduce a hazardous vehic parking and vehicles entering the lake. be defi ed to allow the terfront. On February 9, ed by ven and Linda Erickson (Lots 14 and 15) and C. Richard and original petitioners, William and hese petitioners constitute more than es the entire waterfront adjacent to Lots Planning Coordinator Jane Kansier presented the Planning Report date on file in the office ofthe Planning Department. tion ofthe roadway and waterfront as it is In the Lake Access Study adopted by the City Resources and Assistant Attorney General's office objected to ng existing and future limited access opportunities on Prior Criego: . Questioned ifthe property was steep. Kansier said it was not. Actually it was relatively flat. . Questioned ifthe property started at the 904. Kansier said at the time this area was platted the 904 had not been established as the ordinary high water mark. There is no indication ofthe 904. . Questioned what the distance would be at the narrowest point. Kansier said it was probably 25 to 30 feet. But it may not necessary reflect the 904. 1:\OOfiles\OOplcomm\OOpcmin\mn031300.doc 6 Planning Commission Minutes March 13. 2000 Stamson: . Questioned if the road was used as a winter access. Kansier said it was not. Atwood: . Questioned the DNR's letter opposing the vacation as it provides access to the second and third tier homes. . Has the DNR ever come forward opposing this. Kansier said the C- of opposition. The plats have been developed for so long that p aware of the access. Residents have landscaped the area and a public access. If this was a new development, the City wo recommendation. . Questioned the DNR's mention of future public ace Lake being under accessed. Kansier said there w aware of. Rye said the DNR had some genera If there is so many acres there should be so much ac some of the other areas around the lake where there is accesses. The DNR is very definite 0 eir position for K Comments from the public: ers i petition said the question y been determined. The City Council been brought forward in 1995 or roperty did not become vacated ake Advisory recommended vacation. t rty owners. Two property owners have now the rest of the neighbors are asKing to vacate the . ained the street and there is no parKing available . ived a copy of the letter from the Attorney General's office. . t it was a form letter and the DNR sends that letter out in every one attempting to take public property. He did not thinK anyone from the D ver stood on Cove Avenue and looked at it or asked anyone at the City what tHe history has been. Criego: Questioned Cade if he knew where the 904 elevation is. Cade said they did not do a survey and did not know the elevations. The access is not used for winter access. The maintenance crew piles the snow on the easement from Cove Avenue. 1:\OOfiles\OOplcomm\OOpcmin\mn031300.doc 7 Planning Commission Minutes March 13, 2000 Nancy Samec, 14777 Cove Avenue, said she owns the property right up to the easement and has had water up to her deck as her house is very close to the easement. Comments from the Commissioners: Criego: . It is obvious in 1994 and 1995 the City Council decided there was not . Had reservations regarding the road vacation to allow winter access . Agreed to vacate the lots. Cramer: . Agreed with Criego, the vacation in front of the homes' . Had reservations on the access. . Questioned the City Attorney's opinion on the St Kansier responded the City Attorney felt the D . Supported the vacation area surrounding the homes. V onhof: . Sympathized with the residents but d . Prior Lake has a number of these acce There are also a number of private accesses owne . The issue is this is public ot private . As a there is a responsibili . dents of r Lake. . It is not good publi away pu d. This is owned by everyone. . If there was any erty, vehic , fire trucks or anything else, the statute is very is not legal or allowed to give away. . There is a process of IC rty. . The lette e Atto eral clearly addresses this issue citing 4 cases. . Wo alopI the City Attorney. There are 4 cases from y stat' innesota Law prohibits the vacation dedicated to persons requesting the vacation prove that the property is the future for the purpose for which it was laid out. . The laid out for public use. There is nothing in the application that talks a riginal intent was. One can only assume that it was laid out for the public intent to be used by the public. . Many neig oods around the lake are set up with a private access for just the neighborhoods. . This is dangerous ground for this Board to be giving away public land. There is no compelling reason in the application to support that this should be done at this time. Atwood: . Compelling legal angle. . Would like to have something from the City Attorney. . Hesitate at this time to vote in favor ofthe vacation. 1:\OOfiles\OOp1comrn\OOpcmin\nm031300.doc 8 Planning Commission Minutia March 13, 2000 Stamson: . Strongly agreed with Vonhofs comments. This is not in the public's interest. . The basic argument of "not being used now" is not what the statute intends. . No one has come forward with an argument that this is good for the City. The closest is "we've had cars go into the lake." Did not see how changing the ownership effects that at all. The City should take some action with the road. . How does changing the property to private hands change the scen . Form letter or not from the Attorney General, the cases cited are identical to what we are looking at. In all four cases the Co there is no current use for them now was irrelevant and that t need to prove was that there is no potential use. There . The City's study said there is no current use and the does not address this issue. . It is the Attorney General's opinion that is the court documents to back them up. . The standards have not been met. . The statute has come forward that thi . How will it change being private? . The cases cited by the Attorney Gener there is no potential use. . Aware previous studies d . The standards have no . r said Lot 2 was vacated in 1984 and . udy. son on his position. Stamson responded he was d. As far as the rest of the property, did not see e public's interest to vacate. g department conclude in 1995 that this access should be vacate said she was not on staff at the time nor anyone else on staff. The study go into any detail on this parcel. McDermott said it did not even identify ev ublic access as V onhof indicated. . What is the ootage and any future use? Certainly there is no past or current use. . The only use is a roadway to the lake. Where would they park? . Strongly believe to vacate the area surrounding the homes, not the roadway. Stamson: . Does not believe it is the Commission's position to make those decisions. lithe Commissions can't think of anything at this moment, it is not right to vacate it. . What are the specifics? 1:\OOfiles\OOplcomm\OOpcmin\nm031300.doc 9 Planning Commission Minutes March 13, 2000 . It sounds like the engineering department didn't even look at this access. The report was an overall look at the lake. McDermott pointed out the lack of access in the winter. The streets are narrow and there is no on-street parking. Stamson: . Nearby homes could use the access an , nays by Atwood, V oOOof, Stamson. Atwood: . It is not public friendly. . By vacating it closes any options for future thoughts. . Agreed with Stamson, the Commissioners can scratch their reason. . It puts the burden on the Commissioners and it is not 0 V onhof: . Right now the Commissioners are just thinkin . Access is also on the lake side. The lake is a public . Don't forget there is a significant access point from the MOTION BY CRIEGO, SEC COUNCIL APPROVE T ROADWAY. Vote taken indicat MOTION FAILS. ST AMSON, THIS PROPOSAL IS S OF THE CITY IN REGARDS TO VACATION and Stamson, nays by Cramer and Criego. MOTION This will go be ore the City Council on April 3, 2000 as a public hearing. B. Discuss concept plan for development for Foxtail Trail property. Planning Coordinator Jane Kansier presented the Planning Report dated March 13,2000, on file in the office of the Planning Department. I :\00files\00pIcomm\00pcmin\mn031300.doc 10 Planning Commission Minutes March 13. 2000 Rye brought up another approach. If the total distance front to back of the building is 40 to 50 feet, the City could require a particular dimension in breaks. It could be done in a 5 and 3 or 4's or 6 and a 2. Then for 50 to 60 foot length a requirement could be a little greater. So that the longer the wall require cumulatively more offsets or breaks. Apply to all lots. After a discussion, the Commissioners felt a 20% break in the length of the building would be appropriate. The break would be 20% of the front (widest) width of the house. Kansier gave examples of the breaks. Chris Deanovic said the building code separates between the standard lots and substandard lots and questioned if there is much of a problem with lake lots. V onhof responded there was and the potential is there for problems. The City does not want long walls in a crowded area. Deanovic said in his experience, it would be better to apply the requirement after 60 feet. Rye said ideally ordinances should be consistent for all lots. Criego: . Agreed with Rye's idea to put the sum of either side on a regular standard lot. . On a substandard lot, propose 10 feet on one side. If there is a garage attached on the side that is closest, it would have a foot or two offset. V onhof: . Suggested to add at least one wall on a substandard lot can be allowed up to 50 feet. Kelly Murray, Wensmann Homes, pointed out a tuck-under garage cannot be shifted. Stamson: . Set a standard for what the break has to be. Forty feet with one wall on substandard lots be 60 feet and then come up with a reasonable number for what the break has to be. After discussion, Commissioner Cramer summed up the requirements: . Substandard lots: One wall at 40 feet, one wall at 60 feet, one side the sum of 10 feet and the other side between 40 and 60 feet with a 1 foot offset. . Standard lots: Remain two 40 foot walls, with the sum of 10 foot breaks. Kansier said they will work up the language and come back to the Commissioners. ~ 6. New Business: A. Case #99-095 Review request to vacate lake access and right-of-way for Kneafsey's Street adjacent to Lots 4 through 15, Kneafsey's Cove. 1:\OOfiles\OOplconnn\OOpcmin\nm031300.doc s Planning Commission Minutes March J 3. 2000 Planning Coordinator Jane Kansier presented the Planning Report dated March 13, 2000, on file in the office of the Planning Department. Kneafsey's Cove was platted in September 1946 dedicating the roadways and waterfront to the public including a 30-foot wide roadway located between Lots 5 and 6. In September, 1999, the City received a petition from the property owners of Lots 5 and 6, William and Margaret Righeimer and James and Nancy Samec, requesting the vacation ofa 30-foot wide lake access and roadway located along the waterfront between Lots 5 and 6. The reason for this petition was to allow the adjacent owners to assume ownership for maintenance purposes and to reduce a hazardous vehicle situation with respect to parking and vehicles entering the lake. On December 13, 1999, the applicants requested this item be deferred to allow the petitioners to amend the original petition to include the entire waterfront. On February 9, 2000, the City received an amended application signed by Steven and Linda Erickson (Lots 12 and 13), Raymond and Kathryn Cornforth (Lots 14 and 15) and C. Richard and Patricia Kuykendall (Lots 9 and 10), in addition to the original petitioners, William and Margaret Righeimer and James and Nancy Samec. These petitioners constitute more than 50% of the property owners, so the petition includes the entire waterfront adjacent to Lots 4 through 15, Kneafsey's Cove. Staff recommended approval of the vacation of the roadway and waterfront as it is consistent with the recommendations in the Lake Access Study adopted by the City Council in 1995. The Department of Natural Resources and Assistant Attorney General's office objected to the proposed vacation citing existing and future limited access opportunities on Prior Lake. Criego: . Questioned if the property was steep. Kansier said it was not. Actually it was relatively flat. . Questioned ifthe property started at the 904. Kansier said at the time this area was platted the 904 had not been established as the ordinary high water mark. There is no indication of the 904. . Questioned what the distance would be at the narrowest point. Kansier said it was probably 25 to 30 feet. But it may not necessary reflect the 904. Stamson: . Questioned if the road was used as a winter access. Kansier said it was not. Atwood: . Questioned the DNR's letter opposing the vacation as it provides access to the second and third tier homes. . Has the DNR ever come fOlward opposing this. Kansier said the City has no record of opposition. The plats have been developed for so long that people are not even 1:\OOfiles\OOplcomm\OOpcmin\mn031300.doc 6 Planning Commission Minutes March 13. 2000 aware of the access. Residents have landscaped the area and you could not tell it was a public access. If this was a new development, the City would have a different recommendation. . Questioned the DNR's mention of future public access on paper as they talk of Prior Lake being under accessed. Kansier said there was no specific requirement she was aware of. Rye said the DNR had some general standards and rules of thumb applied. If there is so many acres there should be so much access and parking. Rye explained some of the other areas around the lake where there is public and neighborhood accesses. The DNR is very definite on their position for keeping the public accesses. Comments from the public: Joe Cade, the attorney representing the property owners in the petition said the question the Planning Commission is faced with has already been determined. The City Council already made the decision. This petition should have been brought forward in 1995 or 1996. The property owners did not understand the property did not beeome vacated through Council actions. Both the Council and Lake Advisory recommended vacation. These kinds of actions can be brought by property owners. Two property owners have already vacated their properties and now the rest of the neighbors are asking to vacate the entire stretch. The City has never maintained the street and there is no parking available to the public. Stamson: . Questioned ifCade received a copy of the letter from the Attorney General's office. . Cade responded he felt it was a fonn letter and the DNR sends that letter out in every case there is some one attempting to take public property. He did not think anyone from the DNR ever stood on Cove Avenue and looked at it or asked anyone at the City what the history has been. Criego: Questioned Cade ifhe knew where the 904 elevation is. Cade said they did not do a survey and did not know the elevations. The access is not used for winter access. The maintenance crew piles the snow on the easement from Cove Avenue. Nancy Samee, 14777 Cove Avenue, said she owns the property right up to the easement and has had water up to her deck as her house is very close to the easement. Comments from the Commissioners: Criego: . It is obvious in 1994 and 1995 the City Council decided there was not a public need. . Had reservations regarding the road vacation to allow winter access. . Agreed to vacate the lots. Cramer: . Agreed with Criego, the vacation in front of the homes is appropriate. 1:\OOfiles\OOplcomm\OOpcmin\nm031300.doc 7 Planning Commission Minutes March 13. 2000 . Had reservations on the access. . Questioned the City Attorney's opinion on the State Attorney General's letter. Kansier responded the City Attorney felt the DNR quoted the wrong case. . Supported the vacation area surrounding the homes. V onhof: . Sympathized with the residents but disagreed with the Commissioners. . Prior Lake has a number of these accesses addressed by the City Council. There are also a number of private accesses owned by common neighborhoods. . The issue is this is public land not private land. As a public Planning Commission there is a responsibility to the residents of Prior Lake. . It is not good public policy to give away public land. This is owned by everyone. . If there was any other public property, vehicles, fire trucks or anything else, the statute is very clear on how to dispose of it. It is not legal or allowed to give away. . There is a process of vacating public property. . The letter from the Attorney General clearly addresses this issue citing 4 cases. . Would rather see a legal opinion from the City Attorney. There are 4 cases from Minnesota Courts clearly stating Minnesota Law prohibits the vacation dedicated to the public use unless the persons requesting the vacation prove that the property is useless both now and in the future for the purpose for which it was laid out. . The plat was originally laid out for public use. There is nothing in the application that talks about what the original intent was. One can only assume that it was laid out for the public with the intent to be used by the public. . Many neighborhoods around the lake are set up with a private access for just the neighborhoods. . This is dangerous ground for this Board to be giving away public land. There is no compelling reason in the application to support that this should be done at this time. Atwood: . Compelling legal angle. . Would like to have something from the City Attorney. . Hesitate at this time to vote in favor of the vacation. Stamson: . Strongly agreed with Vonhofs comments. This is not in the public's interest. . The basic argument of "not being used now" is not what the statute intends. . No one has come forward with an argument that this is good for the City. The closest is "we've had cars go into the lake." Did not see how changing the ownership effects that at all. The City should take some action with the road. . How does changing the property to private hands change the scenario? . Form letter or not from the Attorney General, the cases cited are specific examples identical to what we are looking at. In all four cases the Courts specifically said that there is no current use for them now was irrelevant and that the important thing was need to prove was that there is no potential use. There has been no good argument. 1:\OOfiles\OOplcomm\OOpcmin\nm031300.doc 8 Planning Commission Minutes March J 3, 2000 · The City's study said there is no current use and they did not see a use. The study does not address this issue. · It is the Attorney General's opinion that is the standard the City needs to meet citing court documents to back them up. · The standards have not been met. · The statute has come forward that this is good for the City of Prior Lake. · How will it change being private? · The cases cited by the Attorney General are relevant. The important thing is to prove there is no potential use. · Aware previous studies do not address future uses. · The standards have not been met. Cramer: · Questioned vacation for Lots 2 and 3. Kansier said Lot 2 was vacated in 1984 and Lot 3 in 1985t before the lake study. · Asked for clarification from Stamson on his position. Stamson responded he was strongly opposed to vacating the road. As far as the rest of the property, did not see any argument proving it was in the publicts interest to vacate. Criego: · Why did the engineering department conclude in 1995 that this access should be vacated. McDermott said she was not on staff at the time nor anyone else on staff. The study does not go into any detail on this parcel. McDermott said it did not even identify every public access as V onhof indicated. · What is the footage and any future use? Certainly there is no past or current use. · The only use is a roadway to the lake. Where would they park? · Strongly believe to vacate the area surrounding the homest not the roadway. Stamson: · Does not believe it is the Commissionts position to make those decisions. If the Commissions can't think of anything at this moment, it is not right to vacate it. · What are the specifics? · It sounds like the engineering department didn't even look at this access. The report was an overall look at the lake. McDermott pointed out the lack of access in the winter. The streets are narrow and there is no on-street parking. Atwood: . It is not public friendly. · By vacating it closes any options for future thoughts. · Agreed with Stamson, the Commissioners can scratch their heads trying to think of a reason. · It puts the burden on the Commissioners and it is not our jurisdiction. 1:\OOfiles\OOplcomm\OOpcmin\nm031300.doc 9 Planning Commission Minutes March 13. 2000 V onhof: · Right now the Commissioners are just thinking of parking. · Access is also on the lake side. The lake is a public body of water. · Don't forget there is a significant access point from the lake. Stamson: · Nearby homes could use the access and would not necessarily have to park. MOTION BY CRIEGO, SECOND BY CRAMER, TO RECOMMEND CITY COUNCIL APPROVE THE VACATION AS REQUESTED EXCEPT FOR THE ROADWAY. Vote taken indicated ayes by Cramer and Criego, nays by Atwood, V onhof, Stamson. MOTION FAILS. MOTION BY VONHOF, SECOND BY STAMSON, THIS PROPOSAL IS INCONSISTENT WITH THE RULES OF THE CITY IN REGARDS TO VACATION OF PROPERTY AS IT DOES NOT MEET THE STANDARD OF VACATION AND RECOMMEND CITY COUNCIL DENY THE VACATION AS REQUESTED. Ayes by Atwood, Vonhofand Stamson, nays by Cramer and Criego. MOTION CARRIED. This will go before the City Council on April 3, 2000 as a public hearing. B. Discuss concept plan for development for Foxtail Trail property. Planning Coordinator Jane Kansierpresented the Planning Report dated March 13,2000, on file in the office of the Planning Department. Wensmann realty, Inc., is considering development of the property located on the north side ofCSAH 82, about 1/4 mile west ofCSAH 21 and directly east of Wilds Parkway. Current access to this property is via Foxtail Trail, a private street. This property is presently vacant land. The property is designated for Low to Medium Density Residential uses on the 2020 Comprehensive Plan Land Use Map, and is presently zoned R-l (Low Density Residential). Four different concept plans were submitted for the development of this site, along with an explanation of how each of these concepts was derived. The purpose of this item was to discuss the concept development of the site, and to allow the Planning Commission to voice any particular concerns or ideas about the proposed development. This discussion is for informational purposes only. Kelly Murray from Wensmann Homes addressed each of the concept plans. Her concerns for clarification from the Commissioners were the definition of a driveway, shared driveways, PUD, CUP. 1:\OOfilcs\00pIcornm\OOpcmin\nm031300.doc 10 Planning Commission Minutes March J 3. 2000 Comments from the Commissioners: Criego: · Felt a PUD would be appropriate. V onhof: · Private streets have to be built the same as public streets. · What about street replacements in private areas? Rye responded the associations are responsible. · Move road to the east north. Murray explained the process of keeping the traffic off County Road 82. Stamson: · Concern for the inner private street connecting to two public street. Cramer: · Asked staff to explain a PUD. Kansier explained the conditions. · Liked the single family to the north. It was primarily an Rl zone. · Driveways should be reduced. · Probably require a PUD. Atwood: · Questioned staff ifthere were any problems with a PUD. Kansier said there were no problems. There a many designs that preserve the site. Kansier went on to explain staff looks at the applications to see if they meet the ordinances. 7. Announcements and Correspondence: · Rye explained Scott County Economic Developer Mike Sabota's public hearing to consider a moratorium on building in the townships. · Bill Criego and Christine Walsh have been appointed to the EDA board. · Kansier discussed the Planning Commissioners program.. 8. Adjournment: The meeting adjourned at 8:47 p.m. Don Rye Planning Director Connie Carlson Recording Secretary 1:\OOfilcs\OOplcomm\OOpcmin\mn031300.doc 11 PLANNING REPORT AGENDA ITEM: SUBJECT: 6A REVIEW REQUEST TO VACATE LAKE ACCESS AND RIGHT OF WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE JANE KANSIER, PLANNING COORDINATOR _YES X NO-N/A MARCH 13, 2000 PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION Kneafsey's Cove was platted in September 1946. The plat dedicated the roadways and waterfront to the public including a 3D-foot wide roadway located between Lots 5 and 6. In September, 1999, the City received a petition from the property owners of Lots 5 and 6, William and Margaret Righeimer and James and Nancy Samec, requesting the vacation of a 3D-foot wide lake access and roadway located along the waterfront between Lots 5 and 6. The reason for this petition was to allow the adjacent owners to assume ownership for maintenance purposes and to reduce a hazardous vehicle situation with respect to parking and vehicles entering the lake. On December 13, 1999, the applicants requested this item be deferred to allow the petitioners to amend the original petition to include the entire waterfront. On February 9, 2DDD, we received an amended application signed by Steven and Linda Erickson (Lots 12 and 13), Raymond and Kathryn Cornforth (Lots 14 and 15) and C. Richard and Patricia Kuykendal (Lots 9 and 1 D), in addition to the original petitioners, William and Margaret Righeimer and James and Nancy Samec. These petitioners constitute more than 5D% of the property owners, so the petition includes the entire waterfront adjacent to Lots 4 through 15, Kneafsey's Cove. As required by State Statute 462.356 Subd.2, the Planning Commission is required to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. 1:\99fi1es\99'1ac\99-095.\r~ised\99095Jl<:2.do\( . L 16200 Eagle CreeK Ave. :::'.1:.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Upon proper notification, State Statute 412.851 allows the Council to vacate easement or right-of-way by resolution. The statute also states that "no such vacation shall be made unless it appears to be in the public interest to do so". Minnesota statutes also require notification to the DNR on vacations involving public access. Certified notice of the public hearing, scheduled for April 3, 2000, was sent to the DNR Commissioner on March 2, 2000. Attached is a letter from the DNR. The DNR objects to the proposed vacation citing existing and future limited access opportunities on Prior Lake. DISCUSSION The Planning Commission must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review The Comprehensive Plan does not specifically discuss lake access. The vacation of the roadways and waterfront is not inconsistent with any specific goal or objective of the Comprehensive Plan. The Comprehensive Plan encourages regulation of the privatization of natural and historic features to preserve public interest. Public Need On October 17, 1994, the City Council accepted the Lake Access Study as prepared by the Engineering Department and the Lake Advisory Committee. The study recommends the vacation of the dedicated waterfront in the plat of Kneafsey's Cove. On October 2, 1995, the City Council approved the recommendation to vacate the entire waterfront within the plat. As determined by the City Council in 1994 and 1995, there is no public need (with respect to lake access) for the dedicated waterfront within the entire plat. RECOMMENDATION This proposal is consistent with the Lake Access Study recommendations. The Planning staff therefore recommends approval of this request. ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation of the roadway and waterfront as presented or with changes recommended by the Commission. I: \99files\99vac\99-095\revised\99095pc2 .doc 2 2. Continue the discussion to a date and time certain to allow the staff to provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDATION: Alternative #1. This proposal is consistent with the recommendations in the Lake Access Study adopted by the City Council in 1995. Contrary to the DNR comments, this area is not easily accessible to the general public. ACTION REQUIRED: Motion and second to recommend the City Council approve the vacation as requested. 1: \99files\99vac\99-095\revised\99095pc2.doc 3 CI ~ ~ PbRnoN OF \N '0 Be "At:A='~ ,~ v 131175 .125 --- 600 -- .' . , I I I . I , . ~t ._~ /'v -,::-::. ---868.3C""'- .' .... ___ 1461. 40 -- '. \ r . EXHIBIT A REASONS FOR REQUEST TO VACATE ACCESS AND WATERFRONT The access, at the end of Cove Avenue, was included in a 1946 plat of Kneafsey's Cove. Cove Avenue is a 30' wide street, and the proposal is to vacate an area approximately 25' from the lake. It is simply not located in a place that is desirable for a lake access, and is too small to be suitable for lake access. The site has never been maintained by the City as a lake access, and for practical reasons, the City is not able to properly manage and control the site as an access. Maintenance of the area, and removal of debris, has been performed by the adjacent homeowners. Parking is not available on or near the site. There are no nearby public streets available for parking. There are three narrow lots to the west of Cove Avenue. Each lot has a driveway to and from Cove Avenue that prevents members of the public from parking on the west side of the avenue. On the east there is one lot, the entry to which is at an angle from Cove Avenue. On occasion, persons have parked on Cove Avenue and blocked residents' driveways, and so as a result, the City posted it as "No Parking." It is hazardous to simply allow the avenue to end at the lake without a gate or warning signs. On at least two occasions drivers had driven down Cove Avenue and right into the lake. The access has not been available for use during many winter months. City crews frequently push snow down Cove Avenue and pile it on the site. The Council has previously vacated the water front adjacent to lots 2 and 3. There is simply no reason not to vacate the remaining portions designated as water front in the plat. The Prior Lake Advisory Committee recommended that the access site and water front be vacated, and the Council approved that recommendation following a public hearing on October 2, 1995. Minnesota De artment of Natural East Metro Area Trails and Waterways ~ 200 Warner Road ul Minnesota 55106 Phone 651.772.7937 Facsimile 651.772.7977 ....,.-.. February 23, 2000 Jane Kansier, ORC Coordinator City of Prior Lake 162.00 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372 Subject: Petition to Vacate Kneafsy's Cove Lake Access and Right of Way Dear Ms. Kansier: We have reviewed the information concerning the amended application for the above vacation. The amended application includes additional waterfront on either side of the original proposal. Our department continues to oppOse the vacation of the portion of Cove Avenue that abuts the lake (west of and adjacent to Lot 6). We have no comment on the remaining waterfront proposed to be vacated. Vacating the Kneafsy's Cove Avenue Easement would be a very significant loss: . The shoreline is highly desirable with a gradual slope, sand beach, and southern exposure. It provides lake access for the second, third and fourth tier homes in the neighborhood. . The proposed vacation is located in an area with increasing population. This opportunity for current and future local and Minnesota residents to access Prior Lake should be preserved. . Prior Lake is currently under-served in terms of public access. This site offers an additional long-term opportunity for the public to access a public lake. Generally, the Department of Natural Resources opposes all such vacations of public right of way to public waters for a number of reasons: It is impossible to project what potential public uses and value these rights of way could have in the long-term. Once vacated, they are lost to the public forever. The state owns the lake bed. Therefore, public access to public water should be retained whenever and wherever possible. The street is currently owned by the public; the public has the right to use it. That right should not be given away to private interests. . The public can use accesses like the Kneafsy's Cove easement for a variety of purposes including shore fishing, canoe access, winter access, swimming, picnic areas, sightseeing and others. These opportunities should not be given away. Considering the limited public opportunities around Prior Lake, the unique characteristics and opportunities the Kneafsy's Cove Avenue site offers, neighborhood interests, and long-term interest of the public, the road vacation proposal should be denied. - -- -- - ..- - --'- - - ..- - Thank you for the opportunity to comment on this proposal. If you have further questions, - please contact me. ..", <7/d-JO' Sco J. Kelling / ' Area Trails and Waterways Supervis r c: Bill Johnson, DNR Region 6 Trails and Waterways Superviosr Pat Lynch, DNRArea Hydrologist Joan 8chhorst, Office of the Minnesota Attorney General H:\priorvacat.kn8llfay2. wpd STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL MIKE HATCH ATTORNEY GENERAL SUITE 900 445 MINNESOTA STREET ST. PAUL, MN 55101-2127 TELEPHONE: (651) 297-1075 December 22,1999 Jane Kansier, DRC Coordinator City of Prior Lake 16000 Eagle Creek A venue Southeast PriorLake, MN 55372 Re: Proposed Vacation of Kneafsy's Cove Lake Access & Right-Of-Way Dear Ms. Kansier : The purpose of this letter is to support the objection of the Department of Natural Resources to the proposed vacation of Kneafsy's Cove Lake Access & Right-Of-Way by providing the legal backdrop regarding the issue. Minnesota law prohibits the vacation of property dedicated for public use unless the persons requesting the vacation prove that the property is useless both now and in the future for the purpose for which it was laid out. It is an extremely high standard which is rarely satisfied. The standard is justifiably high because if the property is vacated the public will lose forever another public water access site. It is important to preserve lake access for the public because development occurring on lakes impairs, and often eliminates, access and enjoyment of lakes by those members of the public who cannot afford or do not own lakeshore property. The standard for vacating property dedicated to public use is extremely high. Land that is dedicated to the public should not be vacated unless it appears that the property "is useless for the purpose for which it was laid out." Minn. Stat. ~ 505.14 (1998). Property dedicated to the public for its use is rarely vacated because it must be shown that the property is both currently useless for the purpose for which it was laid out and also that it lacks any potential future uses as well. It does not matter that the property is not currently used or that it may be difficult to develop for its dedicated purpose. It is also not a balancing test as to what is in the public's best interest. Rather, the focus is on the public's right to use the property and whether the property is useless for its dedicated purpose. Three key Minnesota Supreme Court cases set forth the rule. In Schaller v. Town of Florence, 193 Minn. 604, 259 N.W. 529 (1935), the plaintiff sought to vacate property located on Lake Pepin. The Court warned that careful consideration needs to be accorded such vacations and that it is the public interests and not private interests which govern those actions: Facsimile: (651) 297-4139. TrY: (651) 296-1410. Toll Free Lines: (800) 657-3787 (Voice), (800) 366-4812 (TrY). www.ag.state.mn.us An Equal Opportunity Employer Who Values Diversity 0 Printed on 50% recycled paper (15% post consumer content) ~ Jane Kansier December 22,1999 Page 2 Whether this very desirably located area, solemnly dedicated to public use, should be restored to private ownership and thus, perhaps for all time to come, lost to the public and made an appendage to private enterprise for individual profit or enjoyment, or both, is a matter that should receive our most careful consideration. The present trend of public opinion is directed toward restoring to the public access to our lakes, our parks, and our forests for recreational and other proper uses. 193 Minn. at 614,259 N.W. at 534-35 (emphasis added, citation omitted). Likewise, in the case of In Re Petition of Krebs, 213 Minn. 344, 6 N.W.2d 803 (1942), the petitioner sought to vacate a street leading to Lake Bemidji. The petitioner claimed that the street proposed to be vacated was not used by the public and was not kept in repair. The Court rejected those assertions stating that mere non-use is not sufficient grounds for vacation and future potential use must be considered: Before it can be vacated, it must appear that the street is useless for that purpose. The evidence shows only that the street is not now used. This is not sufficient. It does not show that the street may not be used in the future . ., Moreover, we must not forget that the public includes persons other than those in the immediate vicinity. The general public has a true concern in the recreational facilities offered by the lakes which nature has so freely given us in this state. Their generous sharing by all will make for a healthier and happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. 213 Minn. at 347, 6 N.W.2d at 804-5 (emphasis added). In Krebs the petitioner also contended that the street should be vacated because the public could get to the lake more conveniently by other routes. The Court firmly rejected that contention refusing to give any weight to the existence of other means of access: "[T]he question for consideration here is whether [the] street is useless, not whether some other street is more useful. The burden of making such a showing has not been met by petitioners." 213 Minn. at 348,6 N.W.2d at 805 (emphasis added). Finally, in the case of In Re Application of Baldwin, 218 Minn. 11, 15 N.W.2d 184 (1944), the petitioners attempted to vacate an unconstructed dedicated street providing access to Lake Minnetonka relying on the alleged non-use of the street and the fact that there were other means of access. The Court disagreed emphasizing the rights of the public and directing that the statutory term "useless" should not be given any restricted meaning: Jane Kansier December 22, 1999 Page 3 Apparently lost in the shuffle were the rights of the public in the lake itself, for neither party seems to have given much consideration to the value of the Lake Street, located as it is on the shores of St. Albans Bay, in providing lake frontage and shore line for the use of the public for recreational purposes . .. The contest here is not a mere bout between private individuals with members of the public acting in the role of spectators. The public has a real and substantial interest in the outcome. . . Keeping in mind the value to the public of free access to and use of the lake shore, we at a loss to know how any part of Lake Street has become useless with in the meaning of that term as commonly defined. The word 'useless' which appears in . .. 9 505.14 . . . should not be given any restricted meaning. Courts should ascribe to it the well-accepted connotation: 'not serving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. ' 218 Minn. at 15-18, 15 N.W.2d at 186-87 (emphasis added, citations omitted). As the Court warned: "[A]ny decree of vacation must be supported by clear proof that the street has in fact become 'useless' to the public in the full and unrestricted meaning of that term." 218 Minn. at 19, 15 N.W.2d at 188. In this case, DNR asserts that the facts demonstrate that the property can be used, both now and in the future, by the public in numerous ways throughout the year. Vacating Kneafsy's Cove Lake Access & Right-Or-'Way would be a significant loss because of its unique features. The shoreline is highly desirable with a gradual slope, sand beach, and southern exposure. It provides lake access for the second, third, and fourth tier homes in the neighborhood. The proposed vacation is in an area with increasing population and access should be preserved for current and future residents. Also. Prior Lake is currently under-served in terms of access, and this site offers long-term opportunity for the public to access to the lake. As a matter of law, it does not matter that the property may have been used little, if at all, by the public. This is especially true in those cases where the public is not even aware that it had the right to use the property. It also does not matter that the property may be undeveloped. Finally, it does not matter if there are other public access sites on the lake or that if vacated the property may return to the tax rolls. The essential and only issue is whether the property is useless both currently and in the future using the unrestricted definition of "useless" ascribed to it by the Court in Baldwin: not serving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. If the facts show that the property is useable in its current state for its dedicated purpose or that it has potential future uses, it cannot be deemed useless and cannot be vacated. To do Jane Kansier December 22, 1999 Page 4 otherwise would clearly be unwarranted, contrary to well-established law and detrimental to the public's recreational needs by taking away another public water access site forever. Sincerely, ~u_ 0\ . CClcQCv--. JOAN M. EICHHORST Assistant Attorney General (651) 296-0697 AG:336696. v. 1 Planning Commission Meeting December 13, 1999 This issue will go before the City Council on January. ,~ B. Case File 99-095 William & Margaret Righeimer and James & Nancy Samec are requesting vacation of the lake access and right-of-way for Knearsey's Street adjacent to Lots 5 & 6, Kneafsey's Cove. In a letter dated December 13, 1999, the applicants have requested continuance of the matter to amend their application. 7. Announcements and Correspondence: A. Election or Officers. Deferred to the next meeting. Commissioner Kuykendall announced he will be retiring from the Planning Commission. B. The December 27, 1999 Planning Commission meeting has been canceled. 8. Adjournment: The meeting adjourned at 9:36 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary r- .' L:\99FILES\99PLCOMM\PCMIN\MN121399.DOC 12 PLANNING REPORT PRESENTER: PUBLIC HEARING: DATE: 6B REVIEW REQUEST TO VACATE LAKE ACCESS AND RIGHT OF WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE JENNITOVAR,PLANNER _YES X NO-N/A DECEMBER 13, 1999 AGENDA ITEM: SUBJECT: INTRODUCTION Kneafsey's Cove was platted in September 1946. The plat dedicated the roadways and waterfront to the public including a 30-foot wide roadway located between Lots 6 and 5. The property owners, William and Margaret Righeimer and James and Nancy Samec, are requesting the vacation of a 30-foot wide lake access and roadway located along the waterfront between Lots 5 and 6. The reason for this petition is to allow the adjacent owners to assume ownership for maintenance purposes and to reduce a hazardous vehicle situation with respect to parking and vehicles entering the lake. As required by State Statute 462.356 Subd.2, the Planning Commission is required to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Statute 412.851 allows the Council to vacate easement or right-of-way by resolution. The statute also states that "no such vacation shall be made unless it appears to be in the public interest to do so". On October 17, 1994, the City Council accepted the Lake Access Study as prepared by the Engineering Department and the Lake Advisory Committee. The study recommends the vacation of the dedicated waterfront in the plat of Kneafsey's Cove. On October 2, 1995, the City Council approved the recommendation to vacate the entire waterfront within the plat. Attached is a letter from the DNR. Certified notice of the public hearing was served on December 2, 1999. The public hearing will be held by the City Council on January 3, 2000. The DNR objects to the proposed vacation citing existing and future limited access opportunities on Prior Lake. .J:\99fih;s,\99Vjlc\99-095W9095J).c.doc 1 16200 cagle ueeK Ave. ~.c., f"rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DISCUSSION The Planning Commission must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review The Comprehensive Plan does not specifically discuss lake access. The vacation of the roadways and waterfront is not inconsistent with any specific goal or objective of the Comprehensive Plan. The Comprehensive Plan encourages regulation of the privatization of natural and historic features to preserve public interest. Public Need As determined by the City Council in 1994 and 1995, there is no public need (with respect to lake access) for the dedicated waterfront within the entire plat. There is however a public need for snow storage at this location. Additionally, this request is to vacate only a portion of the waterfront which is located adjacent to the roadway and not directly adjacent to private platted lots. This raises the question of ownership if the vacation is approved. It is better policy to vacate the entire waterfront as recommended and approved in 1994 and 1995 rather than to vacate the waterfront piecemeal. This would require a petition signed by 50% of the adjacent property owners. The City Council can also initiate this vacation by resolution. RECOMMENDATION Considering this request is inconsistent with the recommendation by the City Council in 1995 and there is a public need to retain this area for snow storage, the Planning staff recommends denial of this request. ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation of the roadway and waterfront as presented or with changes recommended by the Commission. 2. Continue the discussion to a date and time certain to allow the staff to provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. 1: \99files\99vac\99-09 5\99095pc.doc 2 RECOMMENDATION: Alternative #3. It is not in the public interest to vacate the roadway and waterfront as proposed due to the inconsistency with a previously approved plan and the public need of the property. ACTION REQUIRED: Motion and second to recommend the City Council deny the vacation of the easement as requested. 1: \99files\99vac\99-09 5\9909 5pc.doc 3 t. s ~ ~ " ) . ., . 131175 SOO -- -' . --.. "".. --~ :.-.-.-. u-8S8.3C -.,- , f'" . ,-.-- '! ") .. ,. ~.# y...'....... ..< --- 14SI. 40 -- I NOU-15-1999 13:16 UALLEY SURUEYING CO. P.01 Land Surveyors Planners Valley Surveying Co., P. A. November 15. 1999 Suite 230 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 (612) 447..2570 Description prepared for: Joseph R. Cade Eastlund. Solstad. Cade & Hutchinson, LTD. 14141 Glendale Road Savage,~.55378-2640 Re: description to vacate a portion of the roadway / water front in Kneafsey's Cove. Your file No.: 6178 . 1. DESCRIPTION: That part of the 30.00 foot roadway created in the plat of KNEAFSEY'S COVE, Scott County, Minnesota and that part of the Water Front as shown on said plat described as follows: Beginning at the southeast comer of Lot 5. of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest corner of said Lot 6; thence westerly to the point of beginning. onald Minnesota License Number 10183 File no. 9009 EXHIBIT A TOTAL P. 01 REASONS FOR REQUEST TO VACATE ACCESS The access, at the end of Cove Avenue, was included in a 1946 plat of Kneafsey's Cove. Cove Avenue is a 30' wide street, and the proposal is to vacate an area approximately 25' from the lake. It is simply not located in a place that is desirable for a lake access, and is too small to be suitable for lake access. The site has never been maintained by the City as a lake access, and for practical reasons, the City is not able to properly manage and control the site as an access. Maintenance of the area, and removal of debris, has been performed by the adjacent homeowners. Parking is not available on or near the site. There are no nearby public streets available for parking. There are three narrow lots to the west of Cove Avenue. Each lot has a driveway to and from Cove Avenue that prevents members of the public from parking on the west side of the avenue. On the east there is one lot, the entry to which is at an angle from Cove Avenue. On occasion, persons have parked on Cove Avenue and blocked residents' driveways, and so as a result, the City posted it as "No Parking. II It is hazardous to simply allow the avenue to end at the lake without a gate or warning signs. On at least two occasions drivers had driven down Cove Avenue and right into the lake. The access has not been available for use during many winter months. City crews frequently push snow down Cove Avenue and pile it on the site. The Prior Lake Advisory Committee recommended that the site be vacated, and the Council approved vacating the site following a public hearing on October 2, 1995. EXHIBIT B SENT BV: DNR METRO; 12- 7-99 9:37AM; 6127727573 => 6124474245; #1/2 M innesota Departmen~aturaLResources East Metro Area Trails and Waterways 1200 Wamer Road Saint Paul. Minnesota 5.5.1..Q.i Phone 651.772.7937 Facsimile 651.772.7977 Del;ember 8,1999 Jane Kansler, ORe Coordinator City of PrIor Lake 16000 Eagle Creek Avenue Southeast Prior L:ake, Minnesota 55372 &UbJ8l;t: Petition to Vacate Kneafsy'. Cove Lake Ael;e.. and RIght of Way Dear Ms. Kansier: I have reviewed the information concerning the above application for vacation. OUr department has looked into this matter carefully, and has decided to oppOlO this vacation. Generally, the Department of Natural Resources opposes all such vacations of public right of way to public w stars for a number of reasons: It Is impossible to project what potential public USES and value these rights of way could have In the long...term. once vacated. they are lost to the public forever. · The state owns the lake bed. Therefore, pUblic access to public water should be retained whenever and wherever possible. The street is currently owned by the public; the pUblic has the right to use it. That right should not be given aN8'I to privata int..ta. The public lOan U$8 KCesaee like the Kneafsy's Cove easement far a variety of purpasas including shore fishing, canoe access, winter access. swimming, picnic areas, sightseeing and others. These opportunities should not be given away. The Kneafay's Cove Ea..ment has additional outstanding featul8" Vacating the alte would be a very significant loss: . The shoreline Is highly de&irable with a gradual $lope, sand beach. and southern ~po8Ure. It provides lake .acC88S for the second, third and fourth tier homes in the neighborhood. . The proposed vacation Is located in an area with increasing population. This opportunity for currerrt and future 101;a1 and Minnesota residents to access Rior Lake should be preserved. . Prior Lake is currently under-served in terms of public access. This alte offers an additional long-term opportunity for the public to access a public lake. Considering the limited public opportunitie& around Prior Lake, the unique characteristics and opportunities the Kneafay'a eo'll. sit. off.., neighborhood interests. and long-term Interest of the public, the roed vacation propalllll ehauld be denied. Thank you for the opportunity to comment on this proposal. If you have further questions, please contact me. SENT BY: DNR METROj 12- 7-99 9:37AMj 6127727573 => 6124474245j #2/2 Sincerely, ."' I ~ ._" ,/:,4 ~,// /r://]- Sc61t J. Kelling'" Area Trails and Waterways Supervi or c; aill Johns"n, ONR RBgion 6 Trailallnd Waterway. Supervioar Kathleen Wallace, ONR Rrlgicm 6 Director Pat Lynch, DNRArea Hydrologist Joan BchhorBt. Office of the MinnlJllQta Attorney General H:\p""rv_...-.r.w.... ~. ~ \ ,: ., \ . \-. z - \ \ ~. \ \ \ I \) \ I \ ~\f) \ , , '> , -'- \ k.1 \ \ - \ \ ---- \ \ \ \ \ , I I i - - I .. '" >- ~ l · A'" ~ a. IC : + - ~ - tlt .. o f') ~ - - o - . -- ~ .. ~~ f/) >-- ~ ~ ! ~ G') \ \ .... --- ---- - ,--- --- ' -- . Ct:: o --- Cl::: .~ ~f') _.-----'---- . - - ACCESS 17: I ,.- I I I I I I I I I I I I I - - d - II d 17) Cove Ave (Kneafsey's Cove) The road is paved to within 25 ft of the waters edge and is posted "No Parking". There is one street light. Residents stated that in the winter snow plows push snow to the end of the driveway blocking access to the lake. Some fishermen use the access in the winter when it is not blocked. Suggested Classification: Vacate a strip of land between the pavement and waterfront. Vacate the remaining waterfront back to the lot owners of Kneafsey Cove and maintain the public roadway; post the road "No Public Access". 56 AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 6B LAN! LEICHTY, WATER RESOURCES COORDINATOR CONDUCT A PUBLIC INFORMATIONAL MEETING FOR THE FOLLOWING PUBLIC ACCESSES: Shady Beach 2nd Addition, Watersedge Trail/Glendale Avenue and Cove Avenue. OCTOBER 2, 1995 The purpose of this public informational hearing is to determine if the City Council desires to classify the above mentioned accesses according to the recommendations of the Lake Advisory Committee. Neighbors have been notified and notices placed in the Prior Lake American about this meeting. When the Lake Access Study was accepted by the Council at its regular meeting on October 17, 1994, the study made the following recommendations for these accesses: 1) Shady Beach 2nd Addition - Vacate. 2) Watersedge Trail/Glendale Avenue - Remain as is. 3) Cove Avenue - Vacate waterfront. The definition for "vacate" used in the study is as follows: Vacate: The City would release it's right to use or control property for a designated purpose. Vacate the property after research has been done to ensure no property will be landlocked, and a petition to vacate has been received. The following are descriptions of the accesses as mentioned in the Lake Access Study to be dealt with: SHADY BEACH 2ND ADDITION - This is a roadway easement is 50 ft. wide and approximately 40 ft. long platted perpendicular to Shady Beach Trail, (see site 1 on attached map). A portion of the property is wooded where driftwood and garbage has collected. The property owner to the west mows up to the tree line. There is no street lighting or available parking. Recommendation: Vacate. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WATERSEDGE TRAILlGLENDALE AVENUE - There are two lake access points here where Watersedge Trail and Glendale Avenue are separated by the channel leading to Boudin's Bay, (see site 2 on attached map). The road ends on both sides of the channel with cul- de-sacs. It's posted ''No Parking, and there is no street lighting. The land between the pavement and the water is approximately 5 ft. wide and is wooded. There are slow no-wake buoys in the channel. The width of the channel varies with the lake level. This area needs to remain as is for public right-of-way for street repair and maintenance. Recommendation: Remain as is. Since the time that the Lake Access Study has been prepared, staff has received additional input from neighbors around the Watersedge TraiVGlendale Avenue cul-de-sacs. Their concern is that occasionally the public does use this area as a winter access and that since there is water movement through the channel in the winter that the ice is not as thick here as in other parts of the lake. This poses a potential problem of vehicles falling through the ice that may try entering onto the lake here. To prevent vehicles from entering here they suggest that some sort of barrier be installed around the end of cul-de-sacs. From the staff stand point this argument may be negated by the fact that several cars use this channel when coming off T.H. 13 near Boudin Street. From a liability stand point the City should not promote entering the lake in an area where thin ice may exist. During the last period of high water, City staff constructed a dike the length of Watersedge Trail from Boudin Street to the cui de sac to protect the residential homes. The dike was not removed after the high water receded because it was previously constructed and later removed. The dike was seeded and will remain in place in the event high water occurs again. Staff is unaware of any significant use of the cui de sac and does not have any problem with the access from Watersedge Trail not being used. Revised recommendation: Remain as is. Maintain the current dike along Watersedge Trail and reinforce as needed to prevent vehicles from gaining access to the lake in this area. COVE AVENUE - This road is paved to within 25 ft. of the waters edge and is posted ''No Parking", (see site 3 on attached map). There is one street light. Residents stated that in the winter snow plows push snow to the end of the driveway blocking access to the lake. Some fishermen use the access in the winter when it is not blocked. Recommendation: Vacate a strip of land between the pavement and waterfront. Also, vacate the remaining waterfront back to the lot owners ofKneafsey's Cove and post the road ''No Public Access". , ISSUES: The Lake Access Study recommendations were intended to provide the City with a "strategic plan" through which reasonable access would be provided to the lake. The study philosophy was that the City needs to provide reasonable access for non-Iakeshore dwellers while respecting the rights of lakeshore owners. The LAC believes that these recommendations are part of the overall strategy to accomplish this objective. ALTERNATIVES: The alternatives are as follows: 1. Accept the staff recommendations. 2. Accept the recommendations for one or more accesses and recommend changes for the others. 3. Continue the hearing for a specific reason. RECOMMENDATION: Staff recommends the following for each access: . Shady Beach 2nd Addition: Vacate the 50 ft. wide strip of road right- of-way to the adjacent property owners. . Watersedge Trail/Glendale Avenue: Remain as is in order to maintain the existing roadway. Consider installing barriers near the waters edge in order to keep vehicles from gaining access to the lake in this area. These barriers could be either large boulders, or some other impediment which could be easily maintained by the public works department. Also, consider installing a "No Public Access" sign at the end of the Glendale Avenue cul-de-sac. · Cove Avenue: Vacate a 10 ft. strip of land upland from the 904.0 contour and vacate the remaining waterfront back to the respective lot owners of Kneafsey's Cove plat. Also, post a sign reading ''No Public Access". ACTION REQUIRED: Following the receipt of public input, if any, motion and second to adopt the staff recom endations. REVIEWED BY: accag6.doc ., ----- >.. ~'-Z -.............-... l/ "'{.o ~ .... /II ,0 .. '- / ..s- , \z" -'~~ . "'i"; <~ . \ 10~:;. _~ -~ "j - -- \ ?\ 3 ~U\ . .. .;. ....EL L~._ - . ... \ \ '3 8 - - ~i;7\ -- -'- . 1. ..~ - -~-- ~.... SITE 1 - ~ -'--......-. 2ND ADD. SHADY BEACH N PRIOR \ \ \ LAKE \ \ \ \ ~ !..AF;~~v'5 GO\/t!. SITE 2 SEDGE TR.t WATER GLENDALE AVE. . SITE 3 COVE AVE. ( Minutes of the Prior Lake City Council October 2, 1995 MOTION BY SCOTT, SECOND BY GREENFIELD, MAINTAIN THE CURRENT DIKE AND REINFORCE AS NEEDED TO PREVENT VEHICLES FROM GAINING ACCESS TO THE LAKE IN THIS AREA. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. The next access under discussion was the Cole Avenue access. Mr. Leichty reviewed details pertaining to the area. Margie Reighamer, Cove Avenue, spoke in favor of vacating the access.- Jean Baudhuin addressed the Council in opposition of the vacation. Bill Reighamer, 14794 Cove Avenue, also spoke in favor of the vacation. Dick Kuykendall, 6495 Kneafsey's Street, and Jim Samis, 14777 Cove Avenue, were also in favor of the vacation. MOTION BY SCHENCK, SECOND BY SCOTT, TO VACATE THE COVE AVENUE ACCESS AS PER THE LAKE ADVISORY COMMITTRR AND STAFF'S RRCOMMENDATION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. The meeting reconvened at 9:50 p.m. 6. OLD BUSINESS: 7. NEW BUSINESS: A. Consider Approval of Resolution 95-104 for Administrative Land Division 4230 Quaker Trail With Variances for Pat Hayes. Mike Leek, Associate Planner presented an overhead depicting the three lots under consideration for division into two lots and reviewed Council's options. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-104 AUTHORIZING THE ADMINISTRATIVE LAND DIVISION SUBJECT TO THE CONDITIONS AS STATED IN THE RESOLUTION. M10295.DOC 5 Watersedge Glendale Access Cove Avenue RS 95-104 Admin. Land Div. Pat Hayes Correspondence L:\TEMPLA TE\FILEINFO.DOC . ~/ FilE COpy April 24, 2000 Joseph R. Cade 14141 Glendale Road Savage, MN 55378 RE: Kneafsey's Cover Vacation Resolutions Dear Mr. Cade: Attached for your files are copies of City Council Resolution #00-25 denying the vacation of the Kneafsey's Street right-of-way and City Council Resolution #00-26 approving the vacation of the waterfront adjacent to Lots 4 through 15, Kneafsey's Cove. If you have any questions, please contact me at 952-447-4230. Sincerely, V ~ Q. T)~ U ~~ne ~ansier, AICP Planning Coordinator Enclosure 620 ..J:\99fi11iS\99Vac.\99-095WVi5ed\apprlet.doc.. P~ge L 1 0 ""gr. ueeK twe. ~.L, yno' !..ilM. Mmnesota 55372-1714 I Ph. (612) 4474230 I Fax (61'" 'l4/-4245 AN EQUAL OPPORTUNITY EMPLOYER - -----------'------ _.-,~.-;, .- filE COPl April 24, 2000 Scott County Recorder Scott County Government Center 200 F ourth Avenue West Shakopee,~ 55379 Prior Lake Case Files #99-095 Vacation Dear Sir or Madam: Enclosed for recording are the True and Correct Copy of Resolution 00-26.. Please send your statement and a copy of the recorded document to my attention at the address below or if you have any questions, let me know. Thank you. ~S:MP Planning Coordinator enc. 1:l99filesl99vacl99-095\revised'ncllr.doc 16200 Eagle Creek Ave. S. E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLOYER FIr: "..,....: '14 L .,1 t;; 1~7rln April 12, 2000 Joseph R. Cade 14141 Glendale Road Savage, MN 55378 RE: City Council Agenda and Agenda Report Dear Mr. Cade: Enclosed is a copy of the City Council Agenda and an Agenda Report for the April 17, 2000, City Council meeting. If you have any questions, please contact me at the Planning Department at 952-227-9810. c;;::.IYQ. -k'n H'. . u U~7~:n~ansier, ;I&'~- Planning Coordinator Enclosure 16200 E~'gWI~~~Yf~~~O~~~i~~rr>!Rg~Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~~47-4245 AN EQUAL OPPORTUNITY EMPLOYER 04/05/00 10:42 FAX 952 894 6421 ESCH ~001 EASTLUND, SOLSTAD. CADE & HUTCHINSON. LTD. LAW OFFICES 4200 COUNTY ROAD 42 WEST MARK T. SOL!lTAD ,JOSEPH R. CADE THOMAS ~. HUTCI1,"'SON HANS 1'". ZIMMERMA.... DALE J. MOE' SHARON HI!:RLAND YSEIIAEIiIT DAVID S. WI!:THINO MARC II. II...ER SAVAGE. MINNESOTA 55378.4048 E....AIL e51:h.eschl~w.CDrn ~Ae51"'ILE 6IZ.l!Ig4.64ZI TELEPHONE 612.894.6..00 0" COUNSEL WA""EN E. EASTLUND ,JOHN G. HORNER ...s.... CE"T'''EO ilEAL ""OP'ERTY LAW s,.ECI...LIST TO: FACSIMILE DA 11\ RECORD ~nr\IIOV~V- D~ Df fY-~t)y l.b....~e ~1- Cf-:J;'tS- ~e-(~ OF: FAX NO: FROM: FAX NO: (612) ft94-6421 ~6JoD DATE: NUMBER OF P.-\GES INCLUDING THIS PAGE: "-- THIS DOCUMENT WILL ALSO BE MAILED: YES v: NO SUBJECT: INSTRUCTIONS: ~ -!Ji~o' ~ ~ ~ ~:~ ~ ~~~~?:;:~if ~.oM:;:;~ ;. /~/oO . ****.*.*.****.***~..**+**********+***********.*.******************************* IF TOTAL PAGES OF TRANSMISSION ARE NOT RECEIVED, PLEASE NOTIFY AT (612) 894-6400. ***************************..************************************************* I F YOU RECEIVE THIS FAX IN ERROR, please notify us immediately by telephone or fa... and return the infonnation to us. We will reimburse you for any reasonable expenses incurred in contacting us. Your honesty and courtesy are appreciated. The information contained in this fax is LEGALLY PRIVILEGED and CONFIDENTIAL, and is meant only for the use of me intended recipient. Any unauthorized disclosure. copying. distribution. or taking of any action in reliance on this information is strictly prohibited. FOR~IS\F:I.' ~ 04/05/00 10:43 FAX 952 894 6421 ESCH IaI 002 EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTD. LAW OFFICES MAliK T. 50LSTAD .JOSEPH II. CADE THOMAS F'. HUTCHINSON HANS F'. ZIMMEIIMANN DALIE .J. MOE. SHAIION HEIlLAND V.E.AIERT DAVID S. WETHING MARC B. .AIER "'-200 COUNTY ROAD "'-2 WEST SAVAGE, MINNESOTA 1515378-40048 IE-MAIL eschOeschlaw.com F'ACSIM ILl: 81 i!~.Sl4'6421 TELEPHONE 612,894,8400 01'" COUN.I:~ WAIIREN E. EASTLUND .JOHN G. HOIINEII 'MS.A CERT'I'"ED "L<U. PIIOP'ERTY LAW.P'ECIALIIIT April 4, 2000 JENNI TOVAR CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE ~~ 55379 Re: My Clients: William and Margaret Righeimer James and Nancy Samec Our Fil,:! No,: 6178.1 Dear Ms. Tov.ar: Please send ':ne a certified copy of the resolution of the City Council. granting the amended application of William and Margaret Righeimer and James and Nancy Samec to vacate the waterfront area, except for the lake access portion adjacent to Cove Avenue. We need to record that resolution with the County Recorder. I would appreciate it if you would also send me a copy of the minutes of the meeting of April 3. Thank you for your assistance. Sincerely, Cy:., ,( _ l~ ~osePh R. Ca.de cc: Petitioners D rn~rnowrn n APR 5 LUll U March 30, 2000 Eastlund, So/stad, Cade & Hutchinson, Ltd. Attn: Attorney Joseph Cade 4200 County Road 42 West Savage, MN 55378-4048 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the April 3, 2000 City Council meeting. The meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-4230. Sincerely, ~~ Jane Kansier ~ Qi}{L Planning Coordinator 0 - . (f Enclosure , 16200 E~~fJ>~~~,,?<,aR~~~r~rpcrl~~cLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~g44'7-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Joe Cade Phone: Fax phone: 612-894-6421 CC: Date: March 14, 2000 Number of pages including cover sheet: 7 From: lane Kansier n~ Planning Coordina;& City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake. MN 55372 Phone: {952} 447-9810 Fax phone: (952) 447-4245 o Please comment REMARKS: o Urgent [2J For your review 0 Reply ASAP Attached is a copy of the City Council resolution vacating a portion of the right-of-way for Red Oaks Road. I have also attached a copy of the agenda report for your information. Please let me know if you have any questions. 4~ - f.-l!1 From the Office of Jeff Evens Memo To: Greg IIkka, City EngineerlDirector of Public Works From: Jeff Evens cc: Sue McDennott, Assistant City Engineer Date: W~ t '~or- Re: PubliclPrivate Road During the process of reviewing the Administrative Lot Split for 14670 Cove Avenue, I noticed a few odd situations with the existing streets in the area. The following is a list of my field observations for Ca.... 7 1000. ,.n;;;,t-'La " I vvv_ Cove Avenue roadway is split into two sections and does not connect as indicated on the City map. It is correct on the State Aid Map. The City did acquire roadway easements in 1975 for the connection. An existing structure is located within the easement with a condition on the easement that the structure shall be removed by 2005. The section of Oakland Beach Avenue SE north of Seven Acres is signed "Private Drive" with a small sign, and the intersection has a green "Oakland Beach Avenue" City street sign indicating a private road. Per my investigation of the plats, all these streets are public. This portion of street is labeled as private on the State Aid Map. Per my conversation with Doug Hartman he indicated that he does not plow Oakland Beach Avenue north of Seven Acres Street The north end of Cove Avenue has no place for the snowplows to turn around. Doug indicated he would like to see a turnaround soon. After reviewing this application, it appears that the public R/W at the north end of Cove Avenue should be vacated. This is a piece of R/W approx. 30' x 33'. . Page 1 March 8, 2000 Eastlund, Solstad, Cade & Hutchinson, Ltd. Attn: Attorney Joseph Cade 4200 County Road 42 West Savage, MN 55378-4048 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the March 13, 2000 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-4230. Sincerely, ~ Connie Carlson Planning Dept. Secretary Enclosure ..J:\deotwork\bla,(lkfrm\me.etltt..doc P~ge 1 16200 t.agle creek fwe. ~.t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61L:) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER filE COpy Certified Mail Receipt #2 465 367 973 March 2, 2000 Allen Garber, Commissioner Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55106 RE: Petition to Vacate Lake Access and Right-Of-Way for Kneafsey's Street adjacent to Lots 4 through 15, Kneafsey's Cove Dear Commissioner Garber: The City of Prior Lake has received a petition to vacate a lake access to and the right-of- way for Kneafsey's Street to Prior Lake located adjacent to Lots 4 through 15, Kneafsey's Cove. The attached map identifies the location of this right-of-way. The Prior Lake City Council will hold a public hearing on this petition on April 3, 2000, sometime after 7:30 PM in the Council Chambers at Fire Station #1, 16776 Fish Point Road SE, Prior Lake, MN. Although we referred this matter to Pat Lynch, DNR Area Hydrologist for Prior Lake by memorandum on February 16, 2000, Minnesota Statutes 9412.851 requires that the commission of the DNR receive official notice of the public hearing to consider this matter at least 30 days prior to the hearing. Please consider this letter your official notice. We would appreciate receiving any comments on this matter, if possible, prior to the Planning Commission meeting scheduled for March 13, 2000. Thank you for your attention to this matter. If you have any questions, please contact me at 612-447-9812. SinCerelY,. / ) _ ' ~a.~ U~ne A. Kansier, AICP Planning Coordinator Enclosure 16200 Ea'.gWI~~~l'{'~~-~~'E~~df~ke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minnesota De artment of Natural East Metro Area Trails and Waterways f ''"--'''--, ! iW11 F~ ~ ~ 0 \Y7 [~..:rn\.! i! L/ : ',. i I II \1 FBt 2 8 .I~ Ii 200 Warner Road ill' I :~ aul Minnesota 55106 Phone 651.772.7937 Facsimile 651.772.7977 February 23, 2000 Jane Kansier, ORC Coordinator City of Prior Lake 162.00 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372 Subject: Petition to Vacate Kneafsy's Cove Lake Access and Right of Way Dear Ms. Kansier: We have reviewed the information concerning the amended application for the above vacation. The amended application includes additional waterfront on either side of the original proposal. Our department continues to oppose the vacation of the portion of Cove Avenue that abuts the lake (west of and adjacent to Lot 6). We have no comment on the remaining waterfront proposed to be vacated. Vacating the Kneafsy's Cove Avenue Easement would be a very significant loss: . The shoreline is highly desirable with a gradual slope, sand beach, and southern exposure. It provides lake access for the second, third and fourth tier homes in the neighborhood. . The proposed vacation is located in an area with increasing population. This opportunity for current and future local and Minnesota residents to access Prior Lake should be preserved. . Prior Lake is currently under-served in terms of public access. This site offers an additional long-term opportunity for the public to access a public lake. Generally, the Department of Natural Resources opposes all such vacations of public right of way to public waters for a number of reasons: . It is impossible to project what potential public uses and value these rights of way could have in the long-term. Once vacated, they are lost to the public forever. . The state owns the lake bed. Therefore, public access to public water should be retained whenever and wherever possible. . The street is currently owned by the public; the public has the right to use it. That right should not be given away to private interests. . The public can use accesses like the Kneafsy's Cove easement for a variety of purposes including shore fishing, canoe access, winter access, swimming, picnic areas, sightseeing and others. These opportunities should not be given cmay. Considering the limited public opportunities around Prior Lake, the unique characteristics and opportunities the Kneafsy's Cove Avenue site offers, neighborhood interests, and long-term interest of the public, the road vacation proposal should be denied. Thank you for the opportunity to comment on this proposal. If you have further questions, please contact me. ..'f' </ /r::/-J.. Sco J. Kelling I . - Area Trails and Waterways Supervi r c: Bill Johnson, DNR Region 6 Trails and Waterways Superviosr Pat Lynch, DNRAreaHydrologist Joan 8chhorst, Office of the Minnesota Attorney General H:\priorvacallH<n8llfsy2. wpd . EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTD. LAW OFFICES 4200 COUNTY ROAD 42 WEST MARK T. SOLSTAD JOSEPH R. CADE THOMAS F. HUTCHINSON HANS F. ZIMMERMANN DALE ..I. MOE" SHARON HERLAND YSEBAERT DAVID S. WETHING MARC B. BAER SAVAGE, MINNESOTA 55378-4048 E-MAIL esch@eschlaw.com FACSIMILE 612'894.6421 TELEPHONE 612.894.6400 FE8 - 9 3Dl '-'-~->~""~-'~-'.-~-''''~ OF COUNSEL WARREN E. EASTLUND JOHN G. HORNER "MSBA CERTIFED REAL PROPERTY LAW SPECIALIST February 8, 2000 JENNI TOVAR CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE MN 55379 Re: My Clients: William and Margaret Righeimer James and Nancy Samec Our File No. 6178.1 Dear Ms. Tovar: Enclosed is the amended application of William and Margaret Righeimer and James and Nancy Samec, which is joined in by the following adjacent landowners: Steven and Linda Erickson Raymond and Kathryn Cornforth Richard and patricia Kukendall please schedule this matter with the Planning Commission as soon as possible. If you need anything else, please let me know. Thank you for your consideration. Sincerely, ,/'( ,..:~;lfu<- j(, tMt- ;1 Joseph R. Cade enclosure cc: Petitioners EXHIBIT B LEGAL DESCRIPTION: That part designated as waterfront in the plat of Kneafsey's Cove, Scott County, Minnesota not -previously vacated, and that part of the 30.00 foot roadway named Cove Avenue dedicated in said plat, and described as follows: Beginning at the southeast corner of Lot 5, of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest corner of said Lot 6; thence westerly to the point of beginning. _YL'10/~0 MON 10:56 FAX 6124474245 CITY OF PRIOR LAKE 141002 -" \t: PID# R 251160050 CITY OF PRIOR LAKE AMENDED AP:ffiICATION FOR STREET, ALLEY AND UTILITY VACATION Applicant: Joseph R. C~dp., Attorney AddreSS:14141 r,l~Dd.l~ Rn~n, S~va~e ~N SS17R Bane Phone: oork Phone: 612-894-6400 Property Owner: William and Margaret Righp.im~r Mdress:147Q4 Cove Ave SR, Pri0r r.akp. MN &;&;17? (Lot 5. Kneafqey's Cove) Baue Phone: 612-440-&;144 ~rk Phone: Legal Description of Site to be Vacated: See ~tt~("'h~n F.xhi hi t "A. Reason for FL=quest: (May Attach) See attached Exhi hi t R SUBMISSICN RBJUIRD1EN1'S: (A) Caupleted Application form. (B) Canplete Legal ~scription & Prot:erty Identification Number (PIn) . (C) Ccmplete legal descdption of vacation site. (D) Petition or letter including the signatures and addresses of all pro~rty ~rs who wn land adjacent to the proposed vacation site. (E) SUrvey O( map of the pro?:,sed vacation site. (F) Filing Fee. CNLY OJMR..ErE APB:..lCATICNS SHALL BE REVIEWED BY mE CITY QJJOCIL. lion presented on this foon is correct. 1~2r,.-oO ,t-=- '2-~C> ~ Fee Owners Signature Date THIS SECl'ICN 'ID BE FllLED CUT BY THE PLANN:IN; DIREC"lOR CITY O){JN::JL APPRCVED IENIED ~ DM'E CONDITIONS : Signature of the Planning Director I:>ate __01l10/~0 MON 10:56 FAX 612447-1245 CITY OF PRIOR LAKE ~002 ...-. ~ , ~ \t: PIDt R 25 1 1 6 0 0 6 0 cm OF PRIOR LAKE AMENDED APPLICATION FOR STREET, ALLEY AND UTJLITY VACATION Applicant: Joseph R. Cade, Attorney AddresS:14141 GleQnrllp Road, Savage MN 5517R Bane Phone: Ybrl< Phone: 612-894-6400 Property o..mer: James and Nancv Samp-c Address. 14790 Cove AVenu.~ SF-, Prior Lake. MN t;?~7? (Toots fi & 7, Bane Phone: Vklrk Phone: - Kneafsey's Cove) Legal ~scription of Site to be Vacated: Beason for &>quest: (May Attach) SUBMISSIOO RmUI~: (A) Canpleted Application form. (B) Ccmplete Legal description & Pr~rty Identification N.m1ber (pro) . (C) Ccmplete legal CescI:iption of vacation site. (D) Petition or letter including the signatures and addresses of all property ~rs who ~ land adjacent to the pror:osed vacation site. (E) SUrvey or map of the pro~sed vacation site. (F) Filing Fee. rnLY COMPL~ AP~ICAT1CNS SHALL BE REVnWEO BY 'mE CITY a:mnL. THIS SECrICN 'ro BE FILLED OOT BY '!.'BE ~ Drrm:.:'l()R CITY' (X)(JN:JI.. ' ~ rENIID ~ Dl>.TE CDNDITIOOS : ~~ =- Signature of the Planning Director !;late __01l10/~0 MaN 10: 56 FAX 6124474245 CITY OF PRIOR LAKE 141002 ..... ~, .,..... VC-----' PIDt R251160100 CIT'I OF PRIOR LAKE AMENDEDAPRJICATION FOR STREET, ALLEY AND UTlLITY VACATION Applicant: Joseph R. Cage. Attorney Address:14141 Glend;::1l p Road, Savage MN SS17R Bane Phone: oorK Phone: 612-894-fi400 Property (Mner: Steve and T.; nn;::, E;rickson Address: 6521 Knp~~~:~; ~~~.~ Prior T.rlke MN C;C;~72 (Lot 12, except the westerly Bane Phone: 447-1781 , ~rk Phone: 1', and lot 13). Legal Description of Site to be Vacated: Reason for FeqUest: (May Attach) - SUBMISSICN RmUIREMmJ:'S: (A) Canpleted Application form. (B) CcmPlete Legal c1escription & Property Identification N\m1ber (pro). (C) Canplete legal description of vacation site. (D) Petition or letter including the signatures and addresses of all property ~rs who ~ land adjacent to the proposed vacation site. (E) SUrvey or map of the proP'Jsed vacation site. (F) Filing Fee. rnLY COMPLETE APR.ICATIONS SHALL BE REVIEWED BY 'mE CITY OXJOCIL. To the best of II1\' yl~ theA6:J::resented on this forn is correct. 'i-:,./it'b-> JS I 117 / ;).000 ~?- rate /. -. jI171?~ . ee Q.vners Signature Date THIS SECl'ICN 'ID BE FILLED em BY TEE PLANfffiiK; DIRECroR em COUN:IL ' CDNDITIONS : APFROJFD IENIF.J) BE:ARIOO !li\TE = = - - Signature of the Planning Director . Oate __01l10/~0 MaN 10:.56 FAX 6124474245 CITY OF PRIOR LAKE ~002 .~ -- .~...-- ~ ~~ ".. \t: P!Dt R 25 1 1 60 1 1 0 CI'IY OF PRIOR LAKE AMENDED APalCATION FOR STREET, ALLEY AND UTlLITY VACATION Appliomt: Joseph ~_ r~0P Attorney Address:14141 Glendalp- RO~N, Savage MN 55378 Bane Phone: oorK Phone: 612-894-6400 Property CMner: Raymond J. and Kathr'yn E _ roro.forth Address; 6q41 Kneafsev S~., Prior Lake MN 55372 CLots 14 and 15) Bane Phone:~'Z-c;':q 8 . ~rk Phone: Legal ~scription of Site to be Vacated: Reason for FL;quest: (May Attach) SOBMISSICN REQOIR91ENI'S: (A) Ccmpleted Application foon.. (B) Ccmplete Legal rescription & PrOt:erty Identification RJmber (PIn) . (e) Canplete legal description of vacation site. (D) Petition or letter including the signatures and addresses of all pro~rty ~rs who o.m land adjacent to the proFOsed vacation site. (E) SUrvey or map of the pro?:,sed vacation site. (F) Filing Fee. rnLY COMPLETE APK.lCATICNS SHALL BE REVIEWED BY mE CITY a:.uOCIL. correct. t'"' 000 . ,- I -{ S - 2.::::, ~~ Date 'mIS SECl'ICN '10 BE FILLED oor BY TEE PLANN:I:N3 D!REC'IOR CITY OJUOCJL . APmGVED IENIED EFARI:OO tM'E mNDITICNS : Signature of the Planning Director l;ate .! 01/10/00 MaN 10:56 FAX 6124474245 CITY OF PRIOR LAKE 141 002 ....-- --'".- M' .,- ~ p!Dt R 2 5 1 1 60 0 7 1 CIT'I OF PRIOR LAKE AMENDED APPLICATION FOR STREET, ALLEY AND UTILITY VACld'ION Applicant: Joseph Reade. Attorn~y Address: 14l4~ Giepn~lp ~n~n Savage MN 5S~78 Home Phone: ' WOrK Phone; 612-894-6400 Property CMner: C. Richard Address;6495 Kneafse Bane Phone :~1 2 44.0 h h q R- ~rk Phone: Lot 9, and Legal Description of Site to be Vacated: ~ = Beason for :&quest: (May Attach) - SUBMISSICN REQUlREMENl'S: {A} Canpleted Application form. {B} Ccmplete Legal rescription & Prop;rty Identification aMlber {PID} . (C) Canplete legal descdption of vacation site. (D) Petition or letter including the signatures and addresses of all pro~rty cwrlIFrs who oYm land adjacent to the pro!,X)sed vacation si te. (E) SUrvey o( map of the pro~sed vacation site. (F) Filing Fee. CNLY aJMPLETE APB..I('M'1ONS S1W.L BE REVlmED BY 'mE CITY CCUOClL. To the best of ~ kncwled~ the infotion presented on this form is correct. ~/WoO Date d.~7-~t? Date I-- ~~"" ~ Fee a.mers Signa~ 'mIS SECrICN 'ltl BE FILLED cur BY TEE ~ D:IRECroR CITY C!){]N:JL ' APPRCVED IENIED ~~ CONDITICNS : ~ ~ ~~ !;ate Signature of the Pla.nro.ng Oirector .I 02115/00 13:31 FAX 612 334 3184 ESH 141 001 EASTI_UND. SOLSTAD. CADE & HUTCHINSON. LTD. . LAW OFFICES 4200 COUNTy ROAD 42 WeST MA"" T. ao..aT"'O "O.II~H ... C...gll THOMA. J'. HUTC..IN.OH H"'H. r. I.MMC"MANN DAl.e ... MOC' .MA"OH MC"""'HD Y.E....C..T o...v,g a. WIIT"INQ M.....C S. SAil.. SAVAGE. MINNESOTA 1515378....048 1:-1'4"',1. C!.ch.C!.ch/olw.com r"C.'M'l.1: .,iI!.........al Tl:l.CftHOHE .12.......00 O~ COUNaCI. W.......I:N 1:. I:AaTI.UNO .JOMI\I o. "O"NC" FACSIMILE DATA RECORD '''S.A CII"TI~IID "II..... ....O..I:IHY LAW ...I:CIAL.ST 91h~ J - e,~-> :I ~L. FAX NO: </ </7 - ~ ~.L/S- -47 ... FROM: ~ ~ / ~ /4 ~ '6l:bU..', ." / 'V .... . / FAX NO: (612) 894-6421 ~ -/5--00 TO: OF: DATE: NUMBER OF PAGES INCLUDING THIS PAGE: L SUBJECT: THIS DOCUMENT WILL ALSO BE MAILED: t!J.. . )c-<:J~ - t?___.A.J ....-vu YES ^- NO INSTRUCTIONS: ---br~ ff .?i~/ , I j~~' .***..*..******.************************************.**************.******* IF TOTAL PAGES OF TRANSMISSION ARE NOT RECEIVED, PLEASE NOTIFY: AT (612) 894-6421. ******************************************************************..******. IF YOU RECEIVE THIS FAX IN ERROR, please notify us immediately by telephone or fax and return the information to us. We will reimburse you for any reasonable expenses Incurred in contacting us. Your honesty and courtesy are appreciated. The information contained in this fax is LEG ALL Y PRIVILEGED and CONFIDENTIAL, and is meant only for the use of the intended recipient. Any unauthorized disclosure, copying, distribution" or taking of any action in reliance on this information is strictly prohibited, 02/15/00 13:31 FAX 612 334 3184 ESH IaJ 002 EXHIBIT B LEGAL DESCRIPTION: That part dedicated as waterfront and adjacent to Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 in the plat of Kneafsey's Cove, Scott County, Minnesota not previously vacated, and that part of the 30.00 foot roadway named Cove Avenue dedicated in said plat, and described as follows: Beginning at the southeast corner of Lot 5, of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest corner of said Lot 6; thence westerly to the point of beginning. From: Jrcade@aol.com <Jrcade@aol.com> To: jkansier@cityofpriorlake.coom <jkansier@cityofpriorlake.coom> Date: Tuesday, February 15, 2000 8:44 AM Subject: Righeimer and Samec application to vacate Page 1 of 1 Jane I understand you called my office regarding this matter and advised one of my assistants that if my clients wanted the waterfront vacated that I would need to send you a legal description of the waterfront. I do not understand your concern. I recently submitted an amended application with 2 exhibiits attached, one of which was a legal description for the area sought to be vacated. That legal description includes the waterfront, and starts out by referring to the waterfront not previously vacated. Do you have that exhibit? PLease let me know what the problem is with that legal description. Thank you. Joe Cade 02/1512000 Page 1 of 1 From: Jrcade@aol.com <Jrcade@aol.com> To: jkansier@cityofpriorlake,com <jkansier@cityofpriorlake.com> Date: Tuesday, February 15, 20008:51 AM Subject: Fwd: Righeimer and Samec application to vacate Jane: Here is a message I tried to send you but had misspelled your email address. Let me know if you do not receive it. 02/15/2000 Page 1 of 1 From: Jane Kansier <jkansier@cityofpriorlake.com> To: Jrcade@aol.com <Jrcade@aol.com> Date: Tuesday, February 15, 2000 12:46 PM Subject: Re: Righeimer and Samec application to vacate I have talked with Dale Moe at your office and we have straightened out this matter. We will now process this application. It will most like be scheduled for Planning Commission review at the March 13th meeting, and for a public hearing before the City Council in April 3rd. Please let me know if you have any questions. 02/15/2000 Page 1 of 1 From: Jrcade@aol.com <Jrcade@aol.com> To: jkansier@cityofpriorlake.com <jkansier@cityofpriorlake.com> Date: Tuesday, February 15, 2000 3:46 PM Subject: Re: Righeimer and Samec application to vacate Jane Thanks for your note. The dates that you mentioned are fine with me. I look forward to receiving the new notice along with any updated planning department comments as to the amended application. Joe Cade 02/15/2000 Page 1 of 1 From: Jane Kansier <jkansier@cityofpriorlake.com> To: jcade@aol.com <jcade@aol.com> Date: Monday, February 14, 2000 3:46 PM Subject: Kneafsey's Cove Vacation Joe: The legal description I received with your most recent letter is the same as the legal description submitted with the original petition. It may be that I have not received the most recent or revised description. Once I receive a revised description, I will schedule this matter for review at the Planning Commission. The earliest we will be able to schedule it is March 13th. The Council meeting would most likely be the first meeting in April. Please let me know if you have any questions. Thanks, Jane Kansier, Planning Coordinator, City of Prior Lake, 612-447-9810. 02/1412000 LAW OFFICES HUTC~\~\N\' ~~ 2L3"_ 111\ , iU\l1 'W.!~li ,[ , il I I EASTLUND, SOLSTAD, CADE & 1702 MIDWEST PLAZA BUILDING MARK T. SOLSTAD ..JOSEPH R. CADE THOMAS F. HUTCHINSON HANS F. ZIMMERMANN DALE..J.MOE' SHARON HERLAND YSEBAERT DAVID S. WETHING MARC B. BAER DANIEL..J. McGARRY 80 I NICOLLET MALL SOUTHERN METRO OFFICE 14141 GLENDALE ROAD SAVAGE. MN 55378-2640 FACSIMILE 612.894-642 I TELEPHONE 612'894-6400 MINNEAPOLIS. MINNESOTA 55402-2585 E-MAIL eshltd@spacestar.com FACSIMILE 612'334-3184 TELEPHONE 61 2'339-8931 OF COUNSEL WARREN E. EASTLUND ..JOHN G. HORNER ~ MSBA CERTIFIED REAL PROPERTY LAW SPECIALIST January 26, 2000 JENNI TOVAR CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE MN 55379 Re: My Clients: William and Margaret Righeimer James and Nancy Samec Our File No. 6178.1 Dear Ms. Tovar: As you know, my clients requested that the Planning Commission defer action on their request to vacate lake access on Kneafsey's Cove. Enclosed is their signed Waiver of 120 Days form. . I We will be filing an amended application shortly to include the entire waterfront. Thank you for your consideration. Sincerely, 9~1.-- /(. e~ / Joseph R. Cade ~ITY OF PRIOR LAKE I4J 002 WAIVER OF 120 DAYS MINNESOTA STATIITES SECTION 15.99, A COpy OF WHICH IS ATTACHED, REQUIRES TIlE CITY OF PRIOR LAKE ("CITYH) TO APPROVE OR DENY A ZONING RELATED APPLICATION WITHIN 60 DAYS OF RECEIVING A COMPLETED APPLICATION. TIIE CITY MAY EXTEND THE TIMELINE BEFORE THE END OF THE 60-DA Y PERIOD BY PROVIDING YOU WRITTEN NOTICE. THE CITY RECEIVED YOUR APPLICATION FOR A V ACA nON OF PUBLIC RIGHT-OF - W ^ Y FOR KNEAFSEY STREET AND DETERMINED IT WAS COMPLETE ON NOVEMBER 22. 1999. ON NOVEMBER 22, 1999, TIlE CITY PROVIDED YOU WITH WRI1TEN NOTICE THAT IT WAS EXTENDING TIIE TIMELINE FOR REVIEW AN ADDITIONAL 60 DAYS UNTIL MARCH 22, 2000. BY LAW, ANY EXTENSION BEYOND MARCH 22, 2000, MUST BE APPROVED BY TIlE APPLICANT. YOU HAVE REQUESTED/AGREED TO AN EXTENSION BEYOND MARCH 22. 2000. TIlE REASON FOR THE EXTENSION IS AS FOLLOWS: TO AMEND THE APPLICATION TO INCLUDE A LARGER AREA BY SIGNING TIllS WAIVER YOU ACKNOWLEDGE: A) RECEIVING A COpy OF MINNESOTA STATUTE SECTION 15.99; B) THAT YOU WERE ADVISED THAT lHIS WAIVER AFFECTS YOUR PROPERTY RIGHTS AND THAT YOU MAY WANT TO REVIEW IT WITH A..~ ATTORNEY; C) YOU HA VB AGREED TO TIIE EXTENSION; D) YOU W AlVE ALL RIGHTS UNDER MINNESOTA STATUTE SECTION 15.99. ! . 'i /J!J ~t~imr.tJF THE APPLICANT: ~ I --L~-~D PRlNT NAME OF THE APPLICANT: sBJ&.~i.OF THE APPLICANT: PRINT NAME OF 'IRE APPLICANT: _ DATE: I: \99fi1es\99vac\99-09 5\Wll jver .doc CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Linda Phone: 894-6400 Fax phone: 894-6421 CC: Date: January 10, 2000 Number of pages including cover sheet: 4 From: Jane Kansier C ojl./ Planning Coordinj or City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake MN 55372 Phone: (612) 447-9812 Fax phone: (612) 447-4245 REMARKS: o Urgent [gI For your review 0 Reply ASAP o Please comment Attached is the vacation petition you requested. Please let me know if you have any questions. FILE COpy December 23, 1999 Joseph R. Cade 14141 Glendale Road Savage, MN 55378 RE: Petition to Vacate Lake Access and Right-Of-Way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove Dear Mr. Cade: Attached is a waiver to the 120 deadline requirement. This waiver must be signed by the fee owners who signed the vacation petition. Please return it to me as soon as possible. Thank you for your prompt attention to this matter. If you have any other questions relative to the review process or related issues, please contact me directly at 447-4230. Sincerely, 0-. J!~ Jane Kansier, Altp Planning Coordinator Enclosure . 16200...l:\99fi1es.\99vaC\99-095\waiVI91doC . P~ge j cagle ueeK Ave. ::'.1:.., Ynor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6L~) q.47-4245 AN EQUAL OPPORTUNITY EMPLOYER STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL MIKE HATCH ATTORNEY GENERAL SUITE 900 445 MINNESOTA STREET ST. PAUL, MN 55101.2127 TELEPHONE: (651) 297.1075 December 22, 1999 Jane Kansier, DRC Coordinator City of Prior Lake 16000 Eagle Creek A venue Southeast PriorLake, MN 55372 \~I~:~~~~ ~ Re: Proposed Vacation of Kneafsy's Cove Lake Access & Right-Of-Way Dear Ms. Kansier : The purpose of this letter is to support the objection of the Department of Natural Resources to the proposed vacation of Kneafsy's Cove Lake Access & Right-Of-Way by providing the legal backdrop regarding the issue, Minnesota law prohibits the vacation of property dedicated for public use unless the persons requesting the vacation prove that the property is useless both now and in the future for the purpose for which it was laid out. It is an extremely high standard which is rarely satisfied, The standard is justifiably high because if the property is vacated the public will lose forever another public water access site, It is important to preserve lake access for the public because development occurring on lakes impairs, and often eliminates, access and enjoyment of lakes by those members of the public who cannot afford or do not own lakeshore property, The standard for vacating property dedicated to public use is extremely high. Land that is dedicated to the public should not be vacated unless it appears that the property "is useless for the purpose for which it was laid out." Minn. Stat. S 505.14 (1998). Property dedicated to the public for its use is rarely vacated because it must be shown that the property is both currently useless for the purpose for which it was laid out and also that it lacks any potential future uses as well. It does not matter that the property is not currently used or that it may be difficult to develop for its dedicated purpose. It is also not a balancing test as to what is in the public's best interest. Rather, the focus is on the public's right to use the property and whether the property is useless for its dedicated purpose. Three key Minnesota Supreme Court cases set forth the rule, In Schaller v. Town of Florence, 193 Minn. 604, 259 N,W. 529 (1935), the plaintiff sought to vacate property located on Lake Pepin, The Court warned that careful consideration needs to be accorded such vacations and that it is the public interests and not private interests which govern those actions: Facsimile: (651) 297-4139' TTY: (651) 296-1410' Toll Free Lines: (800) 657-3787 (Voice), (800) 366-4812 (TTY)' www.ag.state.mn.us An Equal Opportunity Employer Who Values Diversity 0 Printed on 50% recycled paper (15% post consumer content) (,,=.:dfJ Jane Kansier December 22, 1999 Page 2 Whether this very desirably located area, solemnly dedicated to public use, should be restored to private ownership and thus, perhaps for all time to come, lost to the public and made an appendage to private enterprise for individual profit or enjoyment, or both, is a matter that should receive our most careful consideration. The present trend of public opinion is directed toward restoring to the public access to our lakes, our parks, and our forests for recreational and other proper uses. 193 Minn. at 614, 259 N.W. at 534-35 (emphasis added, citation omitted). Likewise, in the case of In Re Petition of Krebs, 213 Minn. 344, 6 N.W.2d 803 (1942), the petitioner sought to vacate a street leading to Lake Bemidji. The petitioner claimed that the street proposed to be vacated was not used by the public and was not kept in repair. The Court rejected those assertions stating that mere non-use is not sufficient grounds for vacation and future potential use must be considered: Before it can be vacated, it must appear that the street is useless for that purpose. The evidence shows only that the street is not now used. This is not sufficient. It does not show that the street may not be used in the future . .. Moreover, we must not forget that the public includes persons other than those in the immediate vicinity. The general public has a true concern in the recreational facilities offered by the lakes which nature has so freely given us in this state. Their generous sharing by all will make for a healthier and happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. 213 Minn. at 347, 6 N.W.2d at 804-5 (emphasis added). In Krebs the petitioner also contended that the street should be vacated because the public could get to the lake more conveniently by other routes. The Court firmly rejected that contention refusing to give any weight to the existence of other means of access: "[T]he question for consideration here is whether [the] street is useless, not whether some other street is more useful. The burden of making such a showing has not been met by petitioners." 213 Minn. at 348,6 N.W.2d at 805 (emphasis added). Finally, in the case of In Re Application of Baldwin, 218 Minn. 11, 15 N.W.2d 184 (1944), the petitioners attempted to vacate an unconstructed dedicated street providing access to Lake Minnetonka relying on the alleged non-use of the street and the fact that there were other means of access. The Court disagreed emphasizing the rights of the public and directing that the statutory term "useless" should not be given any restricted meaning: Jane Kansier December 22, 1999 Page 3 Apparently lost in the shuffle were the rights of the public in the lake itself, for neither party seems to have given much consideration to the value of the Lake Street, located as it is on the shores of St. Albans Bay, in providing lake frontage and shore line for the use of the public for recreational purposes . .. The contest here is not a mere bout between private individuals with members of the public acting in the role of spectators. The public has a real and substantial interest in the outcome. .. Keeping in mind the value to the public of free access to and use of the lake shore, we at a loss to know how any part of Lake Street has become useless with in the meaning of that term as commonly defined. The word 'useless' which appears in . .. ~ 505.14 . . . should not be given any restricted meaning. Courts should ascribe to it the well-accepted connotation: 'not serving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. ' 218 Minn. at 15-18, 15 N.W.2d at 186-87 (emphasis added, citations omitted). As the Court warned: "[A]ny decree of vacation must be supported by clear proof that the street has in fact become 'useless' to the public in the full and unrestricted meaning of that term." 218 Minn. at 19,15 N.W.2d at 188. In this case, DNR asserts that the facts demonstrate that the property can be used, both now and in the future, by the public in numerous ways throughout the year. Vacating Kneafsy's Cove I,ake Access & Right-Of-Way would be a significant loss because of its unique features. The shoreline is highly desirable with a gradual slope, sand beach, and southern exposure. It provides lake access for the second, third, and fourth tier homes in the neighborhood. The proposed vacation is in an area with increasing population and access should be preserved for current and future residents. Also, Prior Lake is currently under-served in terms of access, and this site offers long-term opportunity for the public to access to the lake. As a matter of law, it does not matter that the property may have been used little, if at all, by the public. This is especially true in those cases where the public is not even aware that it had the right to use the property. It also does not matter that the property may be undeveloped. Finally, it does not matter if there are other public access sites on the lake or that if vacated the property may return to the tax rolls. The essential and only issue is whether the property is useless both currently and in the future using the unrestricted definition of "useless" ascribed to it by the Court in Baldwin: not serving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. If the facts show that the property is useable in its current state for its dedicated purpose or that it has potential future uses, it cannot be deemed useless and cannot be vacated. To do . . Jane Kansier December 22, 1999 Page 4 otherwise would clearly be unwarranted, contrary to well-established law and detrimental to the public's recreational needs by taking away another public water access site forever. Sincerely, r cq , SC-Gav- JOAN M. EICHHORST Assistant Attorney General (651) 296-0697 AG:336696, v. 1 fILE Cl " ~ December 21, 1999 Joseph R. Cade 14141 Glendale Road Savage, MN 55378 RE: Petition to Vacate Lake Access and Right-Of-Way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove Dear Mr. Cade: The Planning Commission and City Council have deferred consideration of the above petition at your request. As you know, State Statutes require the City to act on an application within 120 days unless you waive this requirement. The deadline for action on this application expires on March 22, 2000. This will require the Planning Commission review this request at its February 28, 2000 meeting, and the City Council must hold a public hearing on March 20, 2000. Please advise me of your timing in this matter. If necessary, we will request a signed waiver of the deadline In order to avoid a problem with the expiration of the 120 day period. Please let me know what course of action you wish to take. If you have any other questions relative to the review process or related issues, please contact me directly at 447-4230. ~IQ. -I-!~ U~ne ~ansier, A/I~; Planning Coordinator cc: DRC Members 16200 I!~WWeer~~Tf~!{;8~~~~I~i~'}cLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6ftPa47-4245 AN EQUAL OPPORTUNITY EMPLOYER ~l"I.~t 1:'\ ~ ~:>~ ~, ~..;; ~" ~ ~ ffi;a December 21, 1999 Allen Garber, Commissioner Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55106 RE: Petition to Vacate Lake Access and Right-Of-Way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove Dear Commissioner Garber: On December 13, 1999, the petitioners for the above vacation requested the City Council defer this item until a later, as yet undetermined date. The public hearing for this request was originally scheduled for January 3, 2000. At the request of this developer, this hearing will not be held. We will notify of the new hearing date when it is scheduled. Thank you for your attention to this matter. If you have any questions, please contact me at 612-447-9812. Sincerely, .L/.' Q.~ ~ Kansier. AICP Planning Coordinator 16200 E~g~~I~}~~9\~e?~'f:l~~T3rdf.~ke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER E:ASTLliNO, SOLSTAD, CADE: & HUTCHINSON, LTD, l.AW Ol"'FICr;:s ......111< T, BOL8TAf) JOSt:PI4 fl, CADI; TIIOM"'n ".lturclll~'!'It)N IIAII/5 F, ;a:1,.. "1C:n ......,. N 0",1.1:..1. MOl;' $IIAIlOI\I liI:ALA"IO VtH:n".:r" DAvID S, Wt: T 1"'''1'' M...nc It, D"II':" O......IEL.,/. MeGA"n... I 'l0o!! MIDWE:ST PLAZA OUILDING ';'MAIL, OlhlldOap""ol.nr.c:om ''''CSIMI..!: <1101',)3"'310.. rr.LC:"'"0Nr:: Q11I'.13U'Q031 ..w"-'.."-"_1_~ 00:;" NrCOL.L.ET ,",Alt. MINNI':Ar'OLfS, MINNF.$OTA 156~02'<!6015 SoUt'1l':nN 111:1nOO,.".<:: 1414IQl~NQ""lr:nOAC SAVAGE:, ~N ..:I)olll'..40 F'ACSll1flr:. f lhDQ4'....a I rElcr"'fONt: era.ae",.... -----" Q,. C:OIJNtlE:I, w...nllltN c. E"'5TL\~NI.) JO 1'1 I'( Q. 'tOnNE" roo '- FACSIMILI~ nATA nl';CORJl -------' '..."0... C:ltATlF"ICD nCAI.. I>nQ,.Cl'l 1"I.Aw ""ltCI"'I.I"T ~;vJ . L~. /?.. OF:-----"-p-f~ FAX NO; ~~7 - 2f:J.4S- I'ROM: ~ I!.,. ~ FAX NO: (612)894-6421 ..---...-.--------- --.-------------;-.-- ... DA'fE: ~ /~ -13~ NUMDER or PAons INCLUDING THIS rAOI!:_ 2- - SUBJECT: TJ.ns DOCUMENT WILL ALSO BE MAILED: v- 4. ~~ -::::: ~~I<-V'~ YES ~ NO INSTRUC'I:IONS: -...-...--....... ..-a--. -----..----------- --....---..--..--...-------.---..-......-.--------- --~.-----_.__.-..----..-- -..----........ '----------.---.-------------- .............................................................................. -....-.--...- IF TOTAL MOES OF TRANSMISSION ARE NOT R!3CllIVED, PLEASE NOTIFY LORI OR LINDA AT (612)894-6400, .............................................................................. I F YOu I<ECE/vn "" IS FA l< IN nRR OR, pl.". oct; 'Y ... Im'Ocdl'''ly by 'ol.ph"", 0' r.. ...d re'um Ih. i""'n".,;..., .. ''', w. 10m ..Imb.."o Y'" r,,, ""y '.......bl. ..P..... inCUrred In "",,,...Ioa "s, V.n," hon..,y .nd COUI'lCIl)' ,lI'c apprcciutcd. The inforllllllioll cOlltnincd in Chis fax is LEGALl.Y ')IUVILE<JBn and CtlNFIJ:>HN'tJAL, m,d ;, n.."" '>nly 'or .h. n" of.h. In'ond.d "c1p,..U, Any on'''U'OIi.cd dl",lo,.,,", "'pylng, distl'ibulill/l. ur Inking of':lny IIctinll ill rl!li:tIlce onll1i$ infuJ'lnalion is slrictly I)rohibiCctJ, 1 'd 91'l:.!.1 6661':>:1'2:1 W~I~ M~l 3a~3 WO~~ ......... ON 3"''''''' EASTLUND, SOL.STAO, CAOE & HUTCHINSON, L.TP. LAW oP'P'tCItS MAllllC T, ecn.IIT^O ..I0ell:~H ... CADlE THOM^e,.. HUTCHI....O... MAN III ,., IIMMCIllM^H'" OALt.J. HOC' 8HAIllON HC"'LANP 'I'!JI:BAIFlT Cl^VIO.. WCTMI",q M^"'C..8"1I:" Cl^"'"'L,..J. ",.OAR"" 1701il MIOWEST I"I..A;rA BUILOINC!I eo I N leOLL.ET MAI..L MINNI!:APOLIS. N1INNI!:SOTA IH:,.oa-21!181!1 E.M...IL. e.hltde.pao..l.r,oom I"ACalMll.C .11I.:l3.-.3le. TII:L.C~HO"'C III. .331i1.8831 IIOUTHCRIOI ",lnAo O",.'CE ,...IOLCNO...L.EIllOACl a...v...OI:....... el!l31".....o "^CIIIMILE e I..e........... TCL.EPHONlI: .,..........00 O"'C;OUNe'h. WA""EN E. CAeTLUNO .JOH NO, HO""'CA PLIAS. ..SPOND TOt SO~H.RN KSTRO O..ICB .104..... C:CIllT''''''U:' ......1. ""OP...T'" I.AW .~II:C:I"'I.I.T December 13, 1999 JENNI TOVAR CIT~ OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE MN 55379 Re; My Clients: william and Margaret Righeimer James and Nancy Samec Our File No.: 6178.1 Dear Ms. Tovar: My clients would like the Planning commission to defer action on their request to vacate lake access on Kneafsey's Cove. We will be amending the request to include the entire waterfront. Thank you for your consideration. sincerely, c:J~A... ~ ~osePh R. Cade Z . d 90:l.t 666t"s::t'Zl W~I~ M~l 30~3 wOe Minnesota Department of Natural Resources East Metro Area Trails and Waterways 1200 Warner Road Saint Paul. Minnesota 55106 Phone 651.772.7937 Facsimile 651.772.7977 December 8, 1999 I~D ~@@.,O\'0@~I~.'\. iil~ _ III1I \ . Z2 I99l lw Jane Kansler, DRC Coordinator City of Prior Lake 16000 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372 Subject: Petition to Vacate Kneafsy's Cove Lake Access and Right of Way Dear Ms. Kansier: I have reviewed the information concerning the above application for vacation. Our department has looked into this matter carefully, and has decided to oppose this vacation. Generally, the Department of Natural Resources opposes all such vacations of public right of way to public waters for a number of reasons: . It is impossible to. project what potential public uses a~d value these rights of way could have in the long-term. Once vacated, they are lost to the public forever. The state owns the lake bed. Therefore, public access to public water should be retained whenever and wherever possible. The street is currently owned by the public; the public has the right to use it. That right should not be given aNay to private interests. The public can use accesses like the Kneafsy's Cove easement for a variety of purposes including shore fishing, canoe access, winter access, swimming, picnic areas, sightseeing and others. These opportunities should not be given fNlay. . . . The Kneafsy's Cove Easement has additional outstanding features. Vacating the site would be a very significant loss: . The shoreline is highly desirable with a gradual slope, sand beach, and southern exposure. It provides lake access for the second, third and fourth tier homes in the neighborhood. . The proposed vacation is located in an area with increasing population. This opportunity for current and future local and Minnesota residents to access A"ior Lake should be preserved. . A"ior Lake is currently under-served in terms of public access. This site offers an additional long-term opportunity for the public to access a public lake. Considering the limited public opportunities around A"ior Lake, the unique characteristics and opportunities the Kneafsy's Cove site offers, neighborhood interests, and long-term interest of the public, the road vacation proposal should be denied. Thank you for the opportunity to comment on this proposal. If you have further questions, please contact me. Since...I1e1Y' "7 0 .' ~/ :/fi ,... / /1 -.' ..# < '"1 tt J. Kelling' Area Trails and Waterways Supervi r c: Bill Johnson, DNR Region 6 Trails and Waterways Superviosr Kathleen Wallace, DNR Region 6 Director Pat Lynch, DNRArea Hydrologist Joan 8chhorst, Office of the Minnesota Attorney General H:\prlorv8C8lHnelfay.wpd December 8, 1999 Mr. Joseph Cade Eastlund, Solstad, Cade & Hutchinson, Ltd. Savage, MN 55378-2640 RE: Agenda and Agenda Report William & Margaret Righeimer Attached is a Planning Commission Agenda and Staff Report for the December 13, 1999 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447- 4230. Sincerely, ~ Connie Carlson Planning Dept. Secretary Enclosure ...1:\deptwork\blaQkfrm\m~tltu:tQc Page 1 16200 cagle Creek Ave. ~.t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER filE COpy Certified Mail Receipt #2 465 368 004 December 2, 1999 Allen Garber, Commissioner Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55106 RE: Petition to Vacate Lake Access and Right-Of-Way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove Dear Commissioner Garber: The City of Prior Lake has received a petition to vacate a lake access to and the right-of- way for Kneafsey's Street to Prior Lake located adjacent to Lots 5 and 6, Kneafsey's Cove. The attached map identifies the location of this right-of-way. The Prior Lake City Council will hold a public hearing on this petition on January 3, 2000, sometime after 7:30 PM in the Council Chambers at Fire Station #1, 16776 Fish Point Road SE, Prior Lake, MN. Although we referred this matter to the Pat Lynch, DNR Area Hydrologist for Prior Lake by memorandum on November 22,1999, Minnesota Statutes 9412.851 requires that the commission of the DNR receive official notice of the public hearing to consider this matter at least 30 days prior to the hearing. Please consider this letter your official notice. We would appreciate receIving any comments on this matter, if possible, prior to the Planning Commission meeting scheduled for December 13, 1999. Thank you for your attention to this matter. If you have any questions, please contact me at 612-447-9812. Sincerely, ~O.~ Uane A. Kansier, AICP Planning Coordinator Enclosure J:\99fil~\99\(ac\99-095\dnrn,Qte.doc 16200 tagle Lreel< Ave. ~.t., !-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER :~ .' 0;;. " ~ \ I . J -', f . .'-'.:..-...;~;::; ~.:.'~ ~ I I , I I I . : : ...~~ __ I ,,-" __ .L1.J '\~ . 131175 C C\ 600 --.' . _..- ... ,~-. - .... /V/'~'" ---868.3C-.,.- . - - . ",' ---. ;\ .,. ;f -~-- f --- 1461. 40 FilE COpy November 22, 1999 Joseph R. Cade 14141 Glendale Road Savage, MN 55378 RE: City of Prior Lake Review for Application Completeness for the Vacation Request Dear Mr. Cade: On November 22, 1999, the City of Prior Lake Development Review Committee (DRC) determined all of the necessary submittals for an application for the vacation of a portion of Kneafsey's Street adjacent to the property located at 14794 and 14777 Kneafsey's Street have been submitted. This letter serves as your official notification that the application is now complete. The DRC will now begin formal review of this application. The tentative date of the review by the Planning Commission is December 13, 1999. The City Council would then hold a public hearing on this matter on January 3, 20,00. We will notify you if these dates change. The City approval process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner which provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60 day review period. This letter also serves as your official notice that the City is extending the 60 day deadline for an additional 60 days from January 22, 2000, to March 22, 2000. Sincerely, ~(). ~ U Jane Kansier, AICP Planning Coordinator cc: DRC Members J:\99fjle.!l\99\(ac~99-095\compJete.dDc Ps;Jge 1 16200 cagle LreeK Ave. ~.c., !-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61L) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTD. LAW OFFICES 1702 MIDWEST PLAZA BUILDING MARK T. SOLSTAD JOSEPH R. CADE THOMAS F. HUTCHINSON HANS F. ZIMMERMANN DALEJ.MOE' SHARON HERLAND YSEBAERT DAVID S. WETHING MARC B. BAER DANIEL J McGARRY 80 I N ICOLLET MALL SOUTHERN METRO OFFICE 14141GLENDALEROAD SAVAGE. MN 55378-2640 FACSIMILE 612'894-6421 TELEPHONE 612'894-6400 MINNEAPOLIS. MINNESOTA 55402-2585 E-MAIL eshltd@spacestar.com FACSIMILE 612.334-3184 TELEPHONE 612.339-8931 OF COUNSEL WARREN E. EASTLUND JOHN G HORNER PLEASE RESPOND TO: SOUTHERN METRO OFFICE .MSBA CERTIFIED REAL PROPERTY LAW SPECIALIST November 15, 1999 JANE KANSIER PLANNING COORDINATOR PRIOR LAKE MN 55379 Re: My Client: William and Margaret Righeimer Our File No. 6178.1 Dear Ms. Kansier: Enclosed please find an Application to vacate lake access on Kneafseyls Cove and our check in the amount of $200 for the filing fee. Please note that the adjacent property owners have joined in the request. If there is anything else you need, please contact me. Sincerely, ~ IL. ~~ ~os~~ R. Cade JRC/lf Enclosures ~ n()/1~ oJ.. ~ * Set- Ca.dJ... Miscellaneous L:\TEMPLA TE\FILEINFO.DOC FILE COpy CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: VACATION OF KNEAFSEY'S COVE LAKE ACCESS & RIGHT -OF-WAY (REVISED) An application for the vacation of the lake access and right-of- way for Kneafsey's Street adjacent to Lots 5 & 6, Kneafsey's Cove. APPLICANT: William and Margaret Righeimer James and Nancy Samec Steven and Linda Erickson Raymond and Kathryn Cornforth Richard and Patricia Kuykendall CONTACT PERSON: Joseph R. Cade, Attorney 14141 Glendale Road Savage, MN 55378 894-6400 SITE INFORMATION PID#: 25-116-004-0,25-116-005-0,25-116-006-0,25-116-007-0, 25116-007-1,25-116-009-0,25-116-010-0,25-116-011-0 LOCATION: The area to be vacated is located adjacent Lots 4 thru 15, Kneafsey Cove. EXISTING ZONING: R-1SD COMPREHENSIVE PLAN: R-L/MD PROJECT REQUEST: Review vacation request. DISTRIBUTE TO: APPLICATION FOR: X Frank Boyles X Bud Osmundson Administrative Land Division X Sue Walsh X Sue McDermott Comprehensive Plan Amend. X Ralph Teschner Jeff Evens Conditional Use Permit X Paul Hokeness X Lani Leichty Home Occupation X Bob Hutchins X DNR - Scott Kelling Rezoning X Don Rye X Doug Hartman Site Plan X Jane Kansier X Fire Chief Preliminary Plat X Jenni Tovar X Bill O'Rourke PUD X DNR - Pat Lynch Minnegasco Final Plat County Hwy. Dept. X Watershed Dist. Variance MNDOT Telephone Co. X Vacation SMDC Electric Co. Mediacom Cable Met. Council Date Received 2/14/00 Date Distributed 2/16/00 Date Due 2/29/00 Complete Application 2/15/00 Date Distributed to 2/16/00 DRC Meeting 3/2/00 Date DRC Publication Date 3/11/00 Tentative PC Date 3/13/00 Tentative CC 4/3/00 3/18/00 Date 60 Day Review Date 4/16/00 Review Extension 6/16/00 1:\99files\99vac\99-095\revrefer.doc Page 1 I have reviewed the attached proposed request (Revised Kneafsey's Cove Vacation) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: . L Approval Denial Conditional Approval Comments: 9 ' . 1 -'-~~~~ J1 {'t:~ ~s H1-^-d (j~ t~ u. " '\.\... S J.-.lf~ v~~~ .. - .. Signed: c~ ..~\'\cD~-+\ Date: :2/' '/00 I I Please return any comments by Tuesday. February 29, 2000, to Jane Kansier, ORC Coordinator City of Prior lake 16200 Eagle Creek Avenue SE Prior lake,MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 1:\99fi1es\99vac\99-095\revrefer.doc Page 2 I have reviewed the attached proposed request (Revised Kneafsey's Cove Vacation) for the following: Water City Code Grading Sewer Storm Water Signs ./ Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial V Conditional Approval Comments: W~ ~ d l~ {,AJwt4- ~ ,.~+- fv ftJbliC, ~tru..:l- y <Snou..J S":hl"~ Signed: 9.~j~ Date: :J / I~/ rJO . Please return any comments by Tuesday. February 29. 2000, to Jane Kansier, ORC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 1:\99fi1es\99vac\99-095\revrefer.doc Page 2 ~ /' I have reviewed the attached proposed request (Kneafsey's Cove Vacation) for the following: Water City Code Grading Sewer Storm Water Signs / Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads! Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval V Denial Conditional Approval Comments: ~1 ~<V +h. : ~~6W ~~~~~ ~~~m~~ -~tt~ ~~ Signed: ~ TOt! ri11-- Date: J f-J1-7j Please return any comments by Monday. December 6,1999, to Jane Kansier, ORC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 1:\99files\99vac\99-095\referral.doc Page 2 I have reviewed the attached proposed request (Kneafsey's Cove Vacation) for the following: Water v City Code Grading Sewer v Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric V Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: --X- Approval Denial Conditional Approval Signed: Date: l\ lJ3 / q q r Jane Kansier, ORC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 417-4245 1:\99files\99vac\99-095\referral.doc Page 2 NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF THE LAKE ACCESS AND RIGHT-OF-WAY FORKNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday, January 3, 2000, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating the lake access and right-of-way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove, legally described as follows: Legal Description: That part of the 30.00 foot roadway created in the plat of KNEAFSEY'S COVE, Scott County, Minnesota and that part of the Water Front as shown on said plat described as follows: Beginning at the southeast comer of Lot 5, of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest comer of Lot 6; thence westerly to the point of beginning. If you wish to be heard in reference to this matter, you should attend the 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. Prepared this 7th day of December, 1999 by: Jane Kansier, Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN DECEMBER 11, 1999, DECEMBER 18, 1999 AND DECEMBER 25, 1999. 1:\99files\99vac\99-095\99095pn doc 16200 Eagle Creek Ave. S.E., Prior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF CANCELED PUBLIC HEARING TO CONSIDER THE VACATION OF THE LAKE ACCESS AND RIGHT-OF-WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE The Prior Lake City Council was originally scheduled to hold a public hearing on this item on Monday, January 3, 2000. You are hereby notified that this hearing has been canceled at the request of the applicant. Notice of any future public hearings on this matter will be published. If you have questions regarding this matter, contact the Planning Department at 447- 4230. Prepared this 27th day of December, 1999 by: Jane Kansier, Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN JANUARY 1, 2000. 16200 ~~~Pefiel~~~VAt~9s?e~\~?6(E~l,oR-1innesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTI ) )ss STATE OF MINNESOTA) CoW ~~ of the Ci2~or Lake, County of Scott, State of Minnesota, being uly sworn, says on the day of - ~ ,2QOO, she served fur attached li~ ~fpersons to have an interest in the V ~ 1 \(;~ JlWYk , by mailing to them a cop ereof, enclose in envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of , 2000. NOTARY PUBLIC L:\DEPTWORK\BLANKFRMIMAILAFF.DOC NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF THE LAKE ACCESS AND RIGHT-OF-WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday, April 3, 2000, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating the lake access and right-of-way for Kneafsey's Street adjacent to Lots 4 through 15, Kneafsey's Cove, legally described as follows: Legal Description: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated, and that part of the 30.00 foot roadway named Cove Avenue dedicated in said plat, and described as follows: Beginning at the southeast corner of Lot 5, of said plat; thence southerly along the southerly extension ofthe east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest corner of Lot 6; thence westerly to the point of beginning. If you wish to be heard in reference to this matter, you should attend the hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-9810. Prepared this 7th day of March, 2000 by: Jane Kansier, Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN MARCH 11, 2000, MARCH 18,2000 AND MARCH 25, 2000. 1: \ 99f1les\9.9v.ac\9'l-095\reyised\r.evpn.doc 16200 Eagle CreeK Ave. -S.E., Vnor Cake, MInnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Fax # Post-it'" Fax Note 7671 To Phone # NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF THE LAKE ACCESS AND RIGHT-OF-WAY FORKNEAFSEY'S STREET ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday, April 3, 2000, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating the lake access and right-of-way for Kneafsey's Street adjacent to Lots 4 through 15, Kneafsey's Cove, legally described as follows: Legal Description: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated, and that part of the 30.00 foot roadway named Cove Avenue dedicated in said plat, and described as follows: Beginning at the southeast comer of Lot 5, of said plat; thence southerly along the southerly extension ofthe east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest comer of Lot 6; thence westerly to the point of beginning. If you wish to be heard in reference to this matter, you should attend the hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-9810. Prepared this 7th day of March, 2000 by: Jane Kansier, Planning Coordinator City of Prior Lake MAILED TO ADJACENT PROPERTY OWNERS ON THURSDAY, MARCH 23, 2000 _1: \ 99fJ.les\ 99v.ac\9<k09 5\J:evised\9909.5mn.doc 16200 cagle creeK Ave. ~.E., Phor CaRe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ (;f , .:: ~ P"RTIoN OF 16 Be "A~=-~ ;~ 131175 ~ ___ 600 -- 0' ..- ... \ . . ...- /- ..- ---8S8.3C- ... ..- r .--- ___ 1461.40 .- ~ , -- ---r"'- ~__- -A - ~/ Kneafsey's Cove Vacation Mailing List o I 400 800 Feet L N !' 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