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
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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:
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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
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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.
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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
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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
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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.
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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
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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}
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Page 2
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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
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CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
RECEIPT # 36133
DATE:
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/ 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
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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'
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Page 2
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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~@ ~~!
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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.
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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.
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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?
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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.
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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.
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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.
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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
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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
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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
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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
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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:
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SHADY BEACH
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SITE 2
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GLENDALE AVE.
. SITE 3
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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
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FAX NO:
FROM:
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SUBJECT:
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I F YOU RECEIVE THIS FAX IN ERROR, please notify us immediately by telephone or fa... and return the infonnation
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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.'
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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
....--
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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
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SAVAGE. MINNESOTA 1515378....048
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FACSIMILE DATA RECORD
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....O..I:IHY LAW ...I:CIAL.ST
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FAX NO: </ </7 - ~ ~.L/S-
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FROM: ~ ~ / ~ /4 ~ '6l:bU..',
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FAX NO: (612) 894-6421
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TO:
OF:
DATE:
NUMBER OF PAGES INCLUDING THIS PAGE:
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SUBJECT:
THIS DOCUMENT WILL ALSO BE MAILED:
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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
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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~.'\.
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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 .'
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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
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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
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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 ~~~~~
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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
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Kneafsey's Cove Vacation
Mailing List
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MONTGOMERY & DEB HUNTINGTON
6505 KNEAFSEYS ST SE
PRIOR LAKE, MN 55372
RICHARD & MARGARET
GUDMUNDSON
4524 WASHBURN AVE S
MPLS, MN 55409
STEVEN D & LINDA P ERICKSON
6521 KNEAFSEY ST SE
PRIOR LAKE, MN 55372
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JAMES M & NANCY A SAMEC
6461 KNEAFSEY ST SE
PRIOR LAKE, MN 55372
RAYMOND J & KATHRYN
CORNFORTH
6541 KNEAFSEY ST SE
PRIOR LAKE, MN 55372
WILLIAM & MARGARET RIGHEIMER
14794 COVE AVE SE
PRIOR LAKE, MN 55372
slaqel SSaJPP'f @AHaAV8
CHARLES & PATRICIA KUYKENDALL
6495 KNEAFSEYS ST SE
PRIOR LAKE, MN 55372
NEIL & VICKI SAUCIER
6481 KNEAFSEYS ST SE
PRIOR LAKE, MN 55372
MN Dept. of Natural Resources
Attn: Pat Lynch, Div. of Watel
1200 Warner Road
St. Paul, MN 55106-6793
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