HomeMy WebLinkAbout10C - Park Land Encroachements
MEETING DATE:
AGENDA #:
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JANUARY 2,2007
10C
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A REPORT REGARDING PARK LAND
PROPERTY ENCROACHMENTS
Introduction
The purpose of this agenda is for City Staff to get direction from the City Council
regarding park land property encroachment.
Historv
Several times every year City Staff is approached by or identifies property
owners adjacent to City park land or property that have encroached or would
like to encroach on public property. In many cases the property owners
propose that the City sell the property or swap it with them.
City Policies clearly identify a process for disposition of City real property. Over
the years several outlots were donated to the City, some were developed as
parks and some are maintained as part of the adjacent park land. City Staff has
taken the position that these outlots are not available for sale or land swap.
Current Circumstances
From time to time special circumstances do arise that are worthy for
consideration by the Council. Staff would like to present an example of this
circumstance to the City Council for consideration. The purpose of this example
is two-fold: 1) Establish a Council directive on these circumstances; 2)
Address this specific request.
Sunset Hills Park/Zimmerman Property
The attached exhibit shows a portion of Sunset Hills Park that has been
maintained by the Zimmerman's for the last 20+ years. Normally in an
encroachment situation the City asks the resident to remove any property from
the City land and begins to actively maintain or exhibit control over the area.
This property has special circumstances in that the fence which both the City
and property owner believed to be on the property line was installed by the City
with the intent of defining the property line. During the 1980's City Staff met
with the property owner after construction of their house and installed the fence
on what staff believed to be the property line. After installation of the fence the
property owner installed landscaping and has since maintained the yard.
Last year a survey was prepared for the property in connection with an
application for a building permit to construct an addition. The survey showed
that the fence was not on the property line but rather on City land and that the
landscaping and yard encroached on the park. The property owner has since
approached the City regarding the potential to purchase or swap land to acquire
area 1 as shown on the attached figure. Because the property owner has land
adjacent to the park on their south property line they could swap land with the
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City. The value of the property is essentially the same as neither area is utilized
for active space by the park. The swap would be for equal sized areas.
Conclusion
Because the City receives requests like these annually, City Staff felt the
Council should give direction regarding how these issues should be addressed.
ISSUES:
Because the land was dedicated to the City as an outlot and not park land the
City can sell or swap the land in accordance with City policies. Any method of
conveyance will set a precedence and will increase the number of requests for
this type of action. The City Council has the following options regarding this
request:
1) Direct City Staff to remove the existing fence and begin maintenance of
the property.
2) Sell the property in accordance with City policy which would not
guarantee ownership to any party.
3) Swap land of equal size and value with the Zimmerman's adjacent to
the park. This would require the Zimmerman's to re-plat their property
and to pay all transaction costs.
4) Grant the Zimmerman's an easement to maintain the landscaping.
5) Do nothing.
FINANCIAL
IMPACT:
The City Attorney believes the Zimmerman's situation is unique in that the City
erroneously installed the fence on what it believed was the property line. The
City Attorney also believes that every situation involving encroachment on City
land should be analyzed based on the facts and that these situations do not
lend themselves to a City Policy.
There is no anticipated financial impact. Any fence removal and additional
maintenance will be minimal. If the Council were interested in a swap staff
would recommend the property owner pay all associated costs.
ALTERNATIVES:
1. Accept this report and give staff direction on how to approach land
encroachment issues.
2. Provide staff alternative direction.
3. Table this item to a certain date in the future.
RECOMMENDED Staff recommends alternative number 1
MOTION:
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Scale In Feet
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