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MEETING DATE:
AGENDA #:
PREPARED BY:
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AGENDA ITEM:
CITY COUNCIL AGENDA REPORT
JULY 20, 2009
8A
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
SYCAMORE TRAIL INFORMATIONAL HEARING
DISCUSSION: Introduction
The purpose of this agenda item is for the City Council to consider a petition
by residents of Sycamore Trail requesting the City recognize the last 800 feet
of Sycamore Trail as a public street and take over its maintenance.
H isto
The last 800 feet of Sycamore Trail (200 of which is located in City owned
right-of-way) has historically been considered a private street by the City. The
City has and continues to perform certain maintenance activities on the road-
way which include plowing, pot-hole patching and drainage repairs. Staff's
understanding of this ongoing maintenance is that it was done to maintain safe
access to City utilities, specifically the existing lift station.
On April 2, 2009 the City of Prior Lake received an email from Wes Mader re-
questing that the City take over maintenance of the last 800 feet of Sycamore
Trail. In a letter dated April 27, 2009 the City responded to Mr. Mader's re-
quest stating that, regardless of roadway maintenance activities, because the
street was platted with the following language, "do dedicate the road as shown
for joint use of the respective owners," the City is not obligated to take over
roadway maintenance. The City Attorney's review of the issue detailed Min-
nesota State Statute 160.05, which relates to establishment of a public street
by maintenance of that street for a period of at least six years, does not apply
to platted streets within cities. The letter also recommended that if the neigh-
borhood was interested in further pursuing this that a petition be submitted to
the City.
On May 21, 2009 the City of Prior Lake received a petition from ten of the fif-
teen property owners along this portion of Sycamore Trail requesting that the
City take over maintenance of the roadway as a public street. In addition to
questioning the City's interpretation of the intent of the plat from 1919, the pe-
titioners also asked for justification of what benefit they receive in lieu of street
maintenance as tax payers.
On June 8, 2009 the City received a letter from Tom and Eve Eichten object-
ing to the City taking over maintenance of the roadway as a public street.
On June 9, 2009 a notice of an informational hearing was sent to all property
owners along the last 800 feet of Sycamore Trail. Copies of the above corre-
spondence have been included for your review.
www. cityofpriorlake. com
i.. .. ,.u ~; ~ : ~ ~ ~ ~ : •;, Pk~o~?e,$~~~~:~;$~A~ ;;~~ Fax 952.447.4245
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
Current Circumstances
The City does not have a policy regarding the maintenance of private streets
or process to convert a private street from private to public. Prior to receiving
direction from the City Council on how to proceed with the Sycamore Trail peti-
tion, staff believes it important for the Council hold an informational hearing
that includes all the residents of this segment of the roadway.
It is also apparent based on our review of the issue that the City needs to de-
velop apolicy related to the process of converting a private street to public and
maintenance related to City activities on these streets.
ISSUES: Historically the City has converted private streets to public via the improve-
ment process which required petition of a reconstruction project. The City
does not have a process in place to recognize a street as public and place it in
the City's Maintenance Program. The petition submitted does not request a
reconstruction project at this time but rather asks that the City recognize this
segment of Sycamore Trail as public and maintain it accordingly. Based on
the road's current condition it will not likely be scheduled for reconstruction in
the near future if it is recognized as public. Should the Council decide to pur-
sue maintenance of this street as public the City would complete a utility and
pavement management analysis and place the roadway accordingly in our
transportation plan for maintenance and eventual reconstruction.
Staff believes the following issues need to be addressed as part of considera-
tion of this action:
A) What legal and liability issues could arise related to other existing
private streets were the City to recognize this street as public?
The primary legal question related to this petition is, what was the in-
tent of the 1919 plat which platted this segment of Sycamore Trail as a
"road" for the use of respective owners. Based on our review of main-
tenance activities it appears, with the exception of the original con-
struction of the roadway by the adjoining residents, the City has main-
tained it similar to other roads even though the sole basis for maintain-
ing it was to ensure access to the City utilities. During staff's review of
other private streets, staff determined that other streets platted at the
same time containing similar dedication language are considered and
maintained as public streets.
The other issue to consider is whether a property owner who did not
sign the petition can legally prevent the City from maintaining the
roadway. This potential issue is present daily for the City as we main-
tain roads and utilities many of which are located in easements on pri-
vate property. These issues are dealt with on a case by case basis.
The liability or precedence set by accepting Sycamore Trail as public
for other private streets in town is also a concern. In order to better
understand the potential liability, staff completed a comprehensive re-
view of the 61 existing private streets in Prior Lake. These streets fall
into six categories:
1. Association/Developer. These are private streets where the intent is
not in question. Either association documents or developer contracts
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exist that clearly define the intent of these roadways. Typically these
streets were not platted as right of way or roadways but rather as out-
lots or easements on plats. There are 38 of these streets in Prior
Lake. The City's maintenance on these streets has solely been related
to utility repairs and maintenance.
2. Private Street/Drive in Public ROW. These are private roads/drives lo-
cated in ROW that was dedicated to the public as part of a plat. There
are two of these roadways in Prior Lake. The first is Flint Road which
is private and the maintenance of which is defined by a "Private Use of
Public Property Agreement" executed in 2007. The second is the first
200 feet of the segment of Sycamore Trail being discussed tonight.
While the remainder of Sycamore Trail within the right-of-way that was
dedicated and is owned by the City is public, the last 200 feet was ex-
cluded for some unknown reason and was previously improved by the
residents of Sycamore Trail privately. The City's maintenance on the
Sycamore portion has included snow plowing, pot hole and drainage
repairs. The maintenance of Flint is done privately and detailed in the
agreement mentioned above.
3. Private Roadway/Road: These are roadways that were platted as right
of way but the plats have similar language that says "for the use of ad-
joining or respective owners of lots within the plat." There are three
private streets that have this language in Prior Lake: Sycamore Trail
(last 600 feet), Oakland Beach Road and Fairview Road. These roads
were all platted around 1920.
During Staff's review of private streets we noted other streets platted
with similar language as these that are maintained as public streets.
The City's maintenance activities on Fairview and Oakland Beach have
been similar related to the existing utilities with the one notable excep-
tion that the City does not plow them. Fairview and Oakland Beach al-
so only have 20 foot right of ways as compared to 40 feet for Syca-
more Trail.
4. Private Drive/Driveway: These are narrow roadways platted around
1920 that are called drives or driveways for use of adjoining or respec-
tive lots within the plat. The Inguadona Beach Circle is an example of
this type of road. There are 8 of these within the City which are all pri-
vately maintained. City Staff could not find any examples of these
drives being maintained as public or being converted to public streets
over time most likely due to the drive and right of way narrowness.
5. Private Lot/Out/ot: These are driveways or roads located on private
property where the lot that contains the road is privately owned. There
are 4 of these drives in town.
6. Private Property: There are 6 drives/roads located on private property
with no known easements or origin.
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B) What process should be utilized to accept maintenance of a private
street as public and what should City maintenance of private streets
be limited to?
Staff believes that the street maintenance policy should be modified to
specifically detail maintenance on each private street and that a map
showing the maintenance activities should be prepared. Upon adoption of
this policy, the City should mail notice to all private street residents detail-
ing the status of their street and the City Policy. This policy should also
detail a process for consideration of acceptance of private streets for pub-
lic maintenance. This is an important step in reducing the City's potential
long term liability for the maintenance of private streets.
Conclusion
Staff believes that the City has historically performed maintenance on Syca-
more Trail and that the roadway platting is similar to that of other public streets
in the area. Based on these factors, staff believes acceptance of Sycamore
Trail as a public street and inclusion in our maintenance program is appropri-
ate.
Staff also believes that development of a policy that details the City's mainte-
nance activities related to private streets is very important to protect the City in
the future and to establish consistency with how various streets are main-
tained.
FINANCIAL At this time the financial impact of taking over maintenance of Sycamore Trail
IMPACT: is minimal as the City already plows and repairs pot holes in the street. Long
term this does add another 800 feet of street to the Cities street maintenance
program which currently includes about 100 miles of streets. At such time as
this street is overlayed, seal coated or reconstructed there will be additional
costs to the taxpayers.
The acceptance of the final 800 feet of Sycamore Trail could create a basis for
petition of Fairview Road and Oakland Beach Road at some time in the future
should those residents choose to pursue a similar action.
In addition to those financial impacts there could be legal costs associated
with any type of legal action taken against the City for either accepting or de-
nying maintenance.
ALTERNATIVES: 1. Direct Staff to prepare a resolution acknowledging the last 800 feet of Sy-
camore Trail as public and placing it in the street maintenance program.
2. Direct Staff to update the Street Maintenance Policy to address the main-
tenance of private streets.
3. Table the Resolution for a specific reason.
4. Deny the Resolution.
RECOMMENDED Alternatives 1 and 2
MOTION:
Reviewe
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Frank Boyles, City
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From: Wes Mader [mailto:wesmader@integra.net]
Sent: Thursday, April 02, 2009 11:08 PM
To: Frank Boyles
Subject: Street Maintenance
Mr. Frank Boyles, City Manager
City of Prior Lake
4646 Dakota Street
Prior Lake, MN 55372
Subject: Sycamore Trail maintenance
Dear Frank,
I have been a resident on Sycamore Trail since 1992. During that time,
the entire length of the street has been open to the public, and in
continuous use. The City has plowed the street during winter time and
swept in the summer. The City itself regularly uses the street to
maintain and service the City's sewer lift station that happens to be
on my property, and the City regulates parking along the street. To the
best of my knowledge, there has never been a posting of any sort to
identify the street as private or any effort to prohibit public use.
However the City has generally failed to provide any repair to the
street surface on approximately 800 feet on the northeastern end,
except to repair damage caused by the City's lift station construction
or reconstruction projects. Residents of this section have been left on
their own to make whatever repairs they deem critical. The consequences
of this lack of maintenance is an unsightly street, badly in need of
repair.
When this area was subdivided about 90 years ago, the plat included a
40 foot roadway. It would seem that Sycamore Trail has been a public
street for a long time. If there is any doubt, a review of the
Transportation section of the Minnesota State Statutes should erase it.
More specifically, it is time for the City to act on its responsibility
to maintain our street. Assuming you agree, I would hope the repair
effort would come earlier rather than later, given the current
condition of the street. If the City is agreeable, a simple
confirmation would be appreciated. If the City is not agreeable, I
would appreciate receiving a written explanation of why not.
Thank you for your consideration.
Wes Mader
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Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, MN 55372
Apri127, 2009
Mr. Wes Mader ,
3470 Sycamore Trail S.W.
Prior Lake, MN. 55372
RE: Sycamore Trail
Dear Wes:
I have been asked to respond on behalf of the City of Prior Lake to your Apri12, 2009 email request to the
City Manager that the City take over all maintenance of the last 800 feet of Sycamore Trail. Currently the
City provides plowing and sweeping of this segment of roadway. The sole purpose for plowing and
sweeping is to maintain access to the City's utilities and to remove sediment as part of the City's Water
Quality program. The City does not maintain the road surface as it is considered privately maintained.
Before responding, I discussed your request with the City Attorney. She stated that there is no basis for
the City to spend public dollars to maintain a private platted street. Please see Minnesota Statute Section
160.05 Dedication of Roads. For your convenience, I am including the text of the statute below.
180.05 DEDICATION OF ROADS.
Subdivision 1.31x years.
When any road or portion of a road has been used and kept in repair and worked for at
least six years continuously as a public highway by a road authority, it shall be deemed
dedicated to the public to the width of the actual use and be and remain, until lawfully
vacated, a public highway whether it has ever been established as a public highway or not.
Nothing contained in this subdivision shall impair the right, title, or interest of the water
department of any city of the first class secured under Special Laws 1885, chapter 110.
'his subdivisicn shall apply to roads and streets except platted streets within cities.
The statute clearly states that platted streets within cities are not subject to the "Six Year" rule. Attached
for your reference is a copy of the plat for Maplewood townsite which shows the street as platted and
states the following: "do dedicate the road as shown for j oint use of the respective owners of lots".
If you and your neighbors wish to pursue improvement of the street as a public street please submit a
petition with signatures of at least 35% of the adjoining properties for consideration by the City Council.
Please be aware that costs incurred by the City to improve this street would be assessed to the benefited
property owners in accordance with the City's Assessment Policy.
Please contact me at 952-447-9$90 (salbrechtCa~cityofpriorlake.com) or the City Attorney Suesan Lea
Pace at 612-573-2902 if you have additional questions.
Sincere y,
Steve Albrech
Director of Public Works
CITY OF PRIOR LAKE, MN
cc. Suesan Lea Pace, City Attorney
Frank Boyles, City Manager urtuw.cityofpriorlake.com
Phone 952.440.9675 /Fax 952.440.9678
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Mr. Frank Boyles, City Manager
City of Prior Lake
4646 Dakota Street
Prior Lake, MN 5537'2
May 15, 2009
Reference: (1) Wes Mader's letter to you of Apri12, 2009
(2) Steve Albrecht's letter to Wes Mader dated Apri127, 2009
Subject: Sycamore Trail maintenance
Dear Frank,
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We the undersigned are all owners of properly located on Sycamore Trail. Needless to say, we are most
disappointed by the City's response to Wes Mader'April 2 letter to you.
While a couple of the facts in the City's letter are disputable, two other items caught our attention even moxe.
First is the City's apparent presumption to know that the property owner of 90 years ago dedicated the street
with the intention that it would be private, even though there is no such statement on the plat map. Second is
the statement that there is no basis for using "public dollars" (the taxes we pay) to maintain our street, but it's
apparently okay to use our taxes to maintain other streets in the City. What's missing from the letter is a
definition of what benefit we receive in lieu of street maintenance, for the tax dollars we pay.
Regardless of the above, we the majority of property owners on the subject section of Sycamore Trail are
requesting the City to recognize our street as public, and to assume whatever responsibility that entails. If it is
the City's intention to refuse our request, we wish to be advised in writing of the action we need to take to
reverse that decision. We would appreciate an appropriate written response in a timely manner.
Respectfully,
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RECEIVED
JUN 0 8 2009
I2E: Sycamore Trail SW
Dear Frank Boyles,
I understand that you have been contacted by Mr. Wes Mader who has requested that
you on behalf of the City to consider taking over our private road and making it a city
street. I have been informed by Mr. Mader that he has sent you a copy of a petition letter
that apparently was signed by either 8 or 10 individuals who also own property on
Sycamore Trail Southwest that are in favor of the City taking over the street as well.
Although I do not know the exact number of signatures on this alleged letter because Mr.
Mader will not share that information with me, my husband as well as a few other
property owners who like myself are not in favor of such a takeover. There are 14 houses
that will definitely be impacted by such a project and one additional that may also be
impacted (his house address is on another street, but a good deal of his land is on our
street). The 8 to 10 property owners who are allegedly in favor of the city taking over the
street do not represent unanimous support for this proposed takeover which is why I felt
compelled to send you this letter.
Of the individuals who supposedly signed the petition letter, two do not live on this
road, but instead rent out their properties to others (one of these is renting it by the
weekend during the summer as a sort of "Bed and Breakfast" facility -but that is another
issue altogether). Two others will probably be gone soon, as their jobs may call for them
to move out of state while another house is currently sitting empty (not sure of the status
of that home). As for Mr. Mader, he has made it clear that he desires better "curb-
appeal" for his home which is an indication that he too maybe planning on selling his
property in the near future as well or at least shortly after a major street improvement
project is complete on Sycamore Trail.
Three out of the 14 property owners on Sycamore Trail are families that have been
contributing members of the community for as much as thirty years now and are still
busy raising children here. The fmancial burden that a major street improvement project
would place onus would be monumental as there are only 14 or possibly 15 of us who
would share in a portion of such a project's cost not to mention the other associated costs
that we all individually would be required to deal with on our own just in order to get our
properties back in order once the proposed project is complete. In these dire economic
times, we have all been severely financially impacted (my income is 100% commission-
basedand my husband's employer has already required that he take a pay cut and yet still
may not survive this economic downturn we are presently in). At least three others have
also lived here and raised families here and are now looking forward to spending their
retirement years here on Prior Lake, but who are also on limited resources as they live on
fixed-incomes.
Based on the feedback gained through meetings and a-mail correspondence shared by all
of us Sycamore Trail property owners (including Mr. Mader) regarding the road takeover,
I am of the opinion that what has been represented to those who supposedly signed the
petition letter has been minimal at best. The process of turning aver a private road to a
city, the actual new shape and street design, a timeframe in which we can expect this
would take place, impact on each individual property owner's parcel and all costs
associated in doing so has never been clearly discussed. 6tTp until now,' dll information
Being passed around among all of us is pure speculation and guesswork. I also am quite
certain that none of us, including Mr. Mader himself, are prepared for what it will
actually cost to turn this private road over to the city. ~If you couldpxo~ide mewitla some l
examples of other recent street improvement projects that perhaps I could refer to with
respect to these concerns I have mentioned above I would greatly appreciate it. Perhaps
other similar situations may be helpful in my gaining perspective as to what I can expect
when a street improvement project takes place within our city.
I also suspect that the alternatives we as neighboring property owners have explored with
respect to repairing our private road have not been clearly explained or even mentioned to
the city by Mr. Mader. Just so that you know, all property owners on Sycamore Trail are
aware of our own responsibility for the condition of the private road we all own and Live
on. We have all known that we are ultimately responsible for the condition of the road's
surface thus explaining why we have all contributed money for periodic repairs
throughout the past 25 years. Atone time in the 80's the road was "privately" upgraded
from gravel to asphalt and all residents on the road paid for that upgrade. Ever since we
have been taking care of the road's condition as we feel the need and have the financial
capability of doing so. Personally, I see no real reason why we shouldn't continue
maintaining it this way going forward. Additionally, I know that many others on the road
feel the same way and are willing to take care of the needed maintenance at this time on
our own privately as a group. In case Mr. Mader's petition letter reflects otherwise, I felt
that it is important that you and the city know that we are aware of our own
responsibilities as property owners on a private road and as a group are willing to take
care of our own needs without thrusting them on the city.
I would ask that if you are really giving any consideration to this matter based on the
petition letter described above that you please be aware that not all property-owners on
Sycamore Trail are in favor of this proposal made by Mr. Mader supposedly on our
behalf. Additionally, since neither myself nor the other opponents of Mr. Mailer's
proposal are allowed to see this alleged petition letter, if such a petition letter is a matter
of public record then I respectfully request that you or another city representative please
send me a copy of it. I along with a few other property owners feel the need to know
more about this takeover plan and are frustrated at Mr. Mailer's clandestine approach to
gaining an alleged majority of property-owner signatures. I am trying to do my best at
learning more about the process and costs of such a project and would greatly appreciate
your assistance in educating me and all others involved as to what we can expect if and
when this city road-takeover ultimately takes place.
Here in Prior Lake, I know that you as a city council-member have many more
pressing matters to deal with at this point in time other than Sycamore Trail and I would
sincerely hope you would concentrate on those instead. I have read in the local paper that
you and all other council members as well as the city staff are looking at ways to "reduce
spending in 2010". With decreases in State aid and the reduction of building permit fees,
I see our city in some precarious financial waters at this time. These same precarious
financial waters are also present in our lives as well at this point in time. Because we all
are sharing similar financial pressures (city and taxpayers alike), I cannot imagine that
taking over Sycamore Trail ranks as ahigh-priority or even a priority at all at this time.
In fact, since we are the owners of property on a private road with the means to take care
of our problems and are also city-taxpayers, I would hope that taking over Sycamore
never becomes a city priority. As a taxpayer, I would like for us as a city to maintain the
services we have come to expect and enjoy and to do nothing that would jeopardize these
services such as to take on a street project that only benefits a very, very small group of
citizens. I beg you to take into consideration the burden this will place on many of us.
As for Mr. Mader's request, I do not feel that he cares about the rest of us and just is
pursuing what he feels is necessary for his own personal gain. Please dan't be fooled by
his calculated words or foolish tactics.
Sincerely,
~~~ ~ ~ ~~~
~~
Tom and Eve Eichten
3406 Sycamore Trail SW
Prior Lake, MN 55372
952-447-3406
teeichtenninte a.net
cc:
Honorable Mayor Haugen
Warren Erickson
Kenneth Hedberg
Chad LeMair
Steve Millar
Steve Albrecht
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June 9, 2009
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, MN 55372
Sycamore Trail Resident
RE: Sycamore Trail Petition &
Informational Hearing
Dear Resident:
On May 21, 2009 the City of Prior Lake received a petition from 10 of the 15 property owners
along the last 800 feet of Sycamore Trail. This petition requested that the City of Prior Lake
recognize the existing street as public and maintain it accordingly.
As you are aware the City has historically plowed and swept the street as part of our maintenance
of access to the lift station/utilities and water quality program. The City has also patched
potholes to maintain safe access and to prevent winter plow damage to the roadway along with
repairs such as the recent curbing repairs to prevent erosion.
The City does not have any records or information that indicate the City has participated in the
construction, resurfacing or preventative maintenance of the street surface other than the items
listed above. The petition requests that the City by accepting the street as public take over these
additional maintenance responsibilities. The City has also been contacted in recent weeks by
residents opposed to the petition.
The City has scheduled a public informational hearing for the Sycamore Trail petition for the
July 20, 2009 City Council meeting. The July 20th date will allow staff sufficient time to further
research the history and potential legal issues related to the petition. This hearing is not legally
required but the City feels it offers the best forum for the City Council to receive resident input
on this issue. Please contact me at 952-447-9890 or Albrecht(cr~,cityofpriorlake.com if you have
additional questions or concerns.
Sincerely,
Steve Albrecht
Director of Public Works
CITY OF PRIOR LAKE, MN
Cc. Frank Boyles, City Manager
www. cityofpriorlake . com
Phone 952.440.9675 /Fax 952.440.9678
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PRNATE STREET STATUS INVENTORY
CITY OF PRIOR LAKE
Jul-09
Street Name Cat o ROW/Prop Ownership Plat Platted Year Plat Desc Mainterwnce Cortstrueted C' Maintenance
Wa on 8dd Ckek 1 Assodation Grairnvood West Private Oufbt 1978 OWbt Pdvak PAvare lltllitles
Circle 1 Association FourAain Hilts PrivatE Lot 1960 Lot Prvate Prvate lltitities 0
AAltoka Gak t AssOClBtlOri Fotatfafn t~s Prvak Lot 1980 Lot Prh2te PrivetC Utllities On
Harbor Vltw Circle 1 AssocietlOn Flarbor 3 4M, fidt Private Lot 19ffi Lot Prirale Private Utilitles On
Harbor Place 1 Assodafbn Harbor2nd Prlvat2 Outlet 1983 OtAbt Private PAVate Utttltles On
Harbor Btaeh 1 Associaton Harbor Beach Private Lot 1988 Lot Prvak Private Utlpdes On
Hi9sida Cirdt 1 Assodation SterB South Private Lot 1994 Lot Private Prvate Utltttles
Summits Grde 7 Assodation Sterii South Priwale Lot 1894 Lot Private Prvate lJtlltlles O
W9ds Lane 1 Association Sterl' Soutlt Prvate lot 1994 Lot Private Prvate UtlfAles
Preserve BhM. t r Preserve at the Wads Private Outlet 1995 qutiot Prvate PAvak Utilitirs
SI m Ckde 1 Assocation W Fatales Private Oltbt 1996 Outlet PAvak Private rJtlfiCks
Wlldemess Rid Road 1 Assocatlon Wersrrrem 1st Pmrete Oudot 2000 Outlet Prvak PAvak Utlttties
Bluff H his Trail 1 Assocation Timber Crest Park Prvak Outlet 2002 Outlet PAvale Private lJtllitles On
East Oak PL Drive 1 Assocation Deerfield tOtlt Prvate Outlet 2002 Outlet Private Private Utlptles On
Fountain H91s Court 7 Assodatbn Fountain Mils PAvak Oulet 2002 Outlet Pmate Prvate Ua7rties O
Tlmbtr Crast Dove t Assodatlon Timber Cast Park Prtlvate Oulet 2002 Outlet PMate PAVak U6lides ON
West Oak Pt. DrNe t Assoaatlon Deertldd tOtlt PAvak Outlet 2002 Oulet Private Prvate Utlttties 0
C 1 In t Deve PAVak Outlet 2004 OWbt PAVate PAvak lJtttitles Onl
Drake Ctrek ~ Devae Prvate Olalot 2004 Outel Prvak Private Utlfdies Onl
~~ a Lam t Private Outlet 2004 Outlet PAvak Prlvatle Utlltltles Onl
Pheasant Run CL 1 Devee S South 2nd Private Lot 2004 lot Prlvak Prvate Ultllitles
WaltAatt W 1 Assodation Wensmann 4th PrWate Outlet 21104 Outlet PAvak PAvete Utltttles O
Parkview Lane 7 Assocation Jeffers Pond Private Lot 2005 Lot PAvafe Prvate UtiOties
Pointe Pass 1 Devdo Jeffers Pond Outlet 2005 Outlet PAvale Pir2k Utl60es
Kennett Curve 1 D W Stares Private Lot 2006 Lot Private Private Utllitles
Tn9 Pdrd Court 1 Association Jeffers Pots 2nd Outlet 2008 Outlet PAvak PrHale Utllitles
Station Place 1 Assodalen Jetfe+s Pond 3rd Private OtdIW 2007 Outet Prvak PArak Uh'litles
Deerfield Grde 7 Assodation Dcertleld Prvate Outlet 2000-2002 Outlet Private PAvak UtlNtles OM
DeMleld DAw 7 Assodatlon Deertldd Private Outlet 2W0-2002 Outlet PAvak PAVak UOlitles
DeeAk4d Lam 1 Assodation Deertldd Pr(vak Outlet 2000-2002 Outlet Private Private Ut9tles
Faxm Court 1 Assodetlon Deerfldd Private Outlet 2000-2002 Outlet Private Private Utlptles Onl
Fawn Meadow Curve 1 Asaodatlon Deertldd Private Outlet 2000.2002 Outlet Prhrate Prvak lJitlitles Onl
Street Narita Category ROW/Prop Ownership Ptat Platted Year PWt Oesc Mafnterlance Constrttded City Maintenance
Lilx Lane 1 Assodatlon DeeAfekl Private Outlot 2000.2002 Outlot Private PrMdhe UtiBties O
tYlarshtkid Lane 1 Assadatlon Deerfield Private Ouibt 2000-2002 Outlot Private Prvate UWfiies
River Birch Lane 1 Assoeiatlon Deerfield Private Outlot 2000.2002 Otdbt Private Private Utfiitles On
RNer Birdr Place 1 Assodalbn Deerfield Private Outlot 2000.2002 Outlot Private PAVate lJtifities
Wlldemess Circle 1 Assodetion Deerfield Private Outlot 2000-2002 Outlot Private Private Utllitles
Wltdarrrass Tra9 1 Assodation Deerfield Private OuOot 2000.2002 Outlot Private Private Utitlties O
Flint Road 2 Pl~llc Maven Frst Lake PubBc ROW 1952 ROW - Pubic Private Private U8litles O /C has Nled k5
S more Trail rrst 2 2 Public RLS 106 Pudic ROW 1983 ROW - Public PrlvatelPrJblie PrivatelPUblic U16itles, f'bw for fiR station, for
S more Trag last 600 3 Plat Lots lewood Towrrstte Private Road 1919 ROW -Road PrivalPJR~lfc Private Utgitles Pkwy for Itit station, I for
Fairview Road S Plat Lots Fairview Beadr Private Road 1926 ROW -Road private private Utifdies On
Oakland Beach Avenue 3 Plat Lots Oakland Beach Private Road 1926 ROW -Road Private Private UtlfllfES On has filled
Park Avenue N. 4 Unkrgwn Lakeside Park private D 1921 ROW -Drive Private PMate Utllltles
Edinborou h Awnus 4 Plat Lots Subdhrsion of Outbt A Private 1924 ROW - D ' Private private tJtllitles O /Sehed-sanded fpr UO AccesS in Winter
Edinborou h Avenue Flrst 10 4 Plat Lots Ma le Park Stare Aces Private Drivew 1924 ROW - D Pdvak Privffie Utldtles O
In uadorra Beach Cirrh 4 Plat Lots I ua0ore Beach Private D ' 1924 ROW - D Private Private lltllaies O
Twin Island Cirde 4 PIN Lots Twin Isles Private D 1925 ROW - roro rone None
Green Nfs. Tra9 est Fs 4 Plat Lots Green tits Private DrNe 1927 ROW -Drive Private Private t)tilties ON
Rama Avamra 4 Plat Lola Green Private Drive 1927 ROW -Drive Private Private lJtlitles ON
Roosewtt Street 4 Plat Lots Green ' tds Prvate Drive 19127 ROW -Drive Private Privffie l)tlli0es ON
Artie Cirde 5 Private RLS Tract 1972 Tract Private PrMte None
Mxlen Circle b PrfvNe Green Oaks 2rv] OutlouEasemert 1972 OutloVEasemera Private Private U6litiea
Graharood Trail 5 Private Bbhm's 1st Ad6ti0n Private Lot 1973 Lot Private Private UtiOties O
Creekvkw Clrcie 5 Private S Lake TavnsBe Private Lot 1859/1972 ROW Private Private UtOfilet On
Glaseow Trail 6 Private none ro re Private Prvate PrWale Utltttles On /C Iran fi0ed
tNartiruon kland Rd. 6 Unknown roro Unkrown na rte Private Private Uel)tles On
Meadowlawn TraB 6 No ROW None na na None Private Private UUiftes Onl
RaGne Street 6 Private rone ro na re Private PAvate None
Westwood DrM 6 Private na na na ro Private UtilNes ON
Estate Avenue (end on 6 UNoown Unknown Unknown Unkrgwn Unk~gwn Private Private Utaitirs O
ClassMCation Number of Streets
AssodatioNDeveloper 1 36
Private fn Public ROW 2 2
Private Road 3 3
Private Driveway 4 8
Prvvate L.oHOudot 5 4
Private P Unknown Plat Status 6 6
Tonal by
COMMENTS OFFERED TO THE PRIOR LAKE CITY COUNCIL
PUBLIC HEARING
JULY 20, 2009
Mayor and Members of the City Council. You have received a copy of a letter signed by the
majority of residents owning property on the north easterly end of Sycamore Trail, requesting
that the City recognize the street as a public street. I had prepared extensive comments based
upon research and fact finding regarding this issue, including facts that would warrant a finding
by the City Council (or by a Court of Jurisdiction) that Sycamore Trail is already a public street.
However after reading the Staff Report prepared by Steve Albrecht, your Director of Public
Works, most of my comments would be redundant to his, so I'm going to spare you the details.
would however offer the following comments or clarifications relative to his report.
1. The report states that the street "has historically been considered a private street by the City",
but offers no explanation or justification of why. In fact the report notes that the reason is
"unknown". The report also acknowledges that other streets in Prior Lake that were platted at
about the same time, using the same dedication language, are considered public. To the best of
my knowledge, there is no documentation at City Hall to explain or justify this inconsistency, or
explain why the street maintenance plan does not include our section of the street.
2. The City acknowledges in the report that they have been performing maintenance on the street
for a long time, but states that it is Staff's understanding that it was done to maintain safe access
to City Utilities. I think the report would be more accurate if the word "understanding" was
replaced with the word assumption since I believe it is true that there is no data or documentation
at City Hali that reveals how long the City has been maintaining Sycamore Trail, or why, and
who made the decision.
Since it is part of the public record, I will admit that I was disheartened by Tom and Eve
Eichten's letter to the City, and was tempted to respond to each of their allegations. However,
how the Eichtens feel about me is not relative to the question of whether Sycamore Trail is (or
should be) a public street, so I don't believe my response to their criticism would serve any
purpose. What is relevant are the following facts: (1) the subdivision plat includes dedication of
aright-of--way for a street that we as private citizens in the neighborhood don't own, and have no
right to control; (2) there is no neighborhood organization such as a homeowner's association
with either legal authority or financial resources to maintain the road, (3) the City has been
providing maintenance for as long as anyone can remember, and (4) State Statutes taken as a
whole make it clear that there is no basis for a determination that our street is private.
What the Eichten letter does, is demonstrate how a neighborhood can become polarized when its
street is treated like a no-mans land without legal authority or control, where each individual has
his or her own opinion of what should be done.
In summary, I believe the facts clearly justify a finding by the City Council that all of Sycamore
Trail is public, and therefore should be included in the street maintenance program, and I believe
that the courts would readily uphold such a decision.
I would like to thank the Council for its willingness to address this issue, and the Staff for its
very comprehensive and factual report. If you have any questions of me, I would be glad to
respond.
Wes Mader