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HomeMy WebLinkAbout6A - Public Accesses AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 6A LANI LEICHTY, WATER RESOURCES COORDINATOR CONDUCT A PUBLIC INFORMATIONAL MEETING FOR THE FOLLOWING PUBLIC ACCESSES: FLINT ROAD AND RED OAKS (LOT 34). NOVEMBER 6, 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 (see attached map for location): 1) Flint Road - Vacate. 2) Red Oaks (Lot 34) - Vacate. The definition for "vacate" used in the study is as follows: Vacate: The City would release its 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 to be dealt with: FLINT ROAD - Flint Road was originally dedicated to the public on the plat of "Maves First Lake Addition" in 1952. Flint Road was never improved to city standards when sewer and water was installed in 1974. This street has not been maintained by the City, since being annexed into the City. Flint Road is maintained by the adjacent property owners as if it is a private road. This road is posted "Private Drive No Thru Street" and "Dead End". No parking is available and no street lighting exists where the property accesses the lake. There is a fire hydrant at the end of the drive. From the end of the pavement to the shoreline there is approximately 65 ft. of grass that is maintained by the adjacent home owners. At the shoreline there is a rock and wood retaining wall. 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Lake Access Study Recommendation: Vacate the last 50 ft. of road right-of-way, while maintaining a 24 ft. drainage easement in case the street is upgraded to City standards in the future. Also, vacate the remaining waterfront back to the lot owners of Mave's First Lake Addition. RED OAKS (LOT 34) - Lot 34 of Red Oaks was dedicated to the public in the original plat as waterfront in 1930. Lots 35, 36 and 37 of the Red Oaks plat are located in the flood plain and are unbuildable lots. The waterfront in Red Oaks for Lots 26 and part 27 was vacated in 1979 and 1985 respectively. The waterfront for Lots 1 through 33 and the waterfront on the west side of Lot 35 clockwise through Lot 30 was vacated in 1987. Lake Access Study Recommendation: Vacate Lot 34 and remaining waterfront in Red Oaks that hasn't been vacated, retain a drainage easement at the end of Red Oaks Road. After the Public Access Study was completed, further information was obtained which revealed that Lot 34 of Red Oaks is currently deeded to Kenneth and Jean Hanel. According to the City's property management system, Mr. and Mrs. Hanel are apparently paying property taxes on this lot. Investigation at the Scott County Courthouse revealed that after this plat was recorded, Lot 34 was transferred via Certificate Of Title to another property owner in 1935. No where in that Certificate Of Title was there any mention of Lot 34 being dedicated to the public in the original plat, or that the City had vacated Lot 34. This is also true of all continuing transfers of Lot 34 up to the current owners, since 1962, Mr. and Mrs. Hanel. Mr. Bryce Huemoeller, County Examiner, was contacted regarding Lot 34. He said that it is a record issue. Since the City has never asserted its' rights to this dedication that it would be hard for the City to reclaim its' rights, especially since property taxes have been paid on the property in question. Mr. Huemoeller mentioned that it would be a good idea for the City to have it on public record that the City of Prior Lake wishes to vacate any remaining public interests that may exist on Lot 34. Revised Recommendation: Motion by Council stating that the City of Prior Lake has never exercised or asserted it's rights of the dedication to the public of Lot 34 of Red Oaks. And, that the City of Prior Lake is vacating any public interests it may have. in Lot 34 of Red Oaks. 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: · Flint Road: Vacate the last 50 ft. of road right-of-way while maintaining a 24 ft. drainage easement. Also, vacate the remaining waterfront back to the respective lot owners of Mave's First Lake Addition. · Red Oaks (Lot 34): Motion to vacate any interests in Lot 34 of Red Oaks that the City may have. Also, vacate remaining waterfront in Red Oaks abutting private property. ACTION REQUIRED: Following the receipt of public input, if any, motion and second to adopt the staff recom endations. REVIEWED BY: accag7.doc N . " U ~ < ~ ~ Z b o Q d ~ < r:'-2 o ~ ~ < ~ g ti ga I I - N ~ ~ CZl CZl