HomeMy WebLinkAbout091787
l! STATE OF
[RD(N][g~@iJ~
DEPARTMENT OF NATURAL RESOURCES
BOX 1500 LAFAYETTE ROAD · ST. PAUl, MINNESOTA . 55155-40
DNR INFORMATION
(612) 296-6157
September 17, 1987
[& fE ~'i-U I.
~ '~:J
C~ ,; II: ISfOJ"-'
, I)"
. J. l.::,
-1EP 1 9 1987
Mr. & Mrs. Jerry Bonneau
5551 Shore Trail NE
Prior lake, MN 55372
Mr. Gary Zywotko
5535 Shore Trail NE
Prior Lake, MN 55372
Mr. John Meyers r~
5515 Shore Trail NE
Prior lake, MN 55372
CITY OF
rJ?RIOR LAKE
Dear Mr. & Mrs. Bonneau and Messrs. Meyers and Zywotko:
You requested a letter outlining the points agreed to by the Department of
Natural Resources (DNR) and the City of Prior lake at our meeting on site on
September 9, 1987. People attending the meeting were Bill Mangen, Parks &
Recreation Director, City of Prior lake, Mary and Jerry Bonneau, Gary Zywotko,
John Meyers and me.
The primary purpose of the meeting was to discuss specific concerns of the
affected property owners and come to agreement on steps the City and DNR would
take to ensure a public access facility that would blend in with the
neighborhood as much as possible.
The DNR agrees to the following in the process of developing the Prior lake
public access at Sand Point Park:
1. The conditions 1-11 in the Prior lake City Council R~solution of
March 15, 1982 that apply to DNR (attached).
2. To move the access development east using the additional 50 feet of
pruperty acquired from Zvirbilus subject to engineering considerations.
3. To construct two ramps to enhance launching and retrieving of boats.
4. To place two docks on the site.
5. To curb and gutter the access and p~rking lot subject to engineering
considerations.
6. To blacktop entire access and parking lot.
7. To fence the area between state land and residences from the lake to
Carriage Hill Road with chain link fence and into the lake provided it is
permitted (Bonneau's may determine a different fence between their land
and state land prior to construction).
8. To build a solid board fence between Bonneau's deck area and state land.
9. To use extensive plant material landscaping on all sides and in the
parking lot islands.
10. To leave as much of the existing plant material along the property line
between state land and Bonneau's as possible.
11. To berm the area by the cul-de-sac similar to what was previously done on
the other state land.
AN EQUAL OPPORTUNITY EMPLOYER
-~-"""'1
~"..*;._. ....,~,-_..._".,....,,"........- ......._'-'~~--...~._-~-,,-~. --'--'..'
~
Mr. & Mrs. Bonneau
Messrs. Meyers and Zywotko
September 17, 1987
Page 2
12. To provide adequate car trailer parking spaces on the City's Outlot A and
state land. An estimate of the number to be provided is in the low 30's
depending on engineering considerations.
13. To provide satellite toilets.
14. To protect adjacent private land from the area and beach through use of
a buoy system in cooperation with the county sheriff and to use
appropriate signs. The City has agreed to work cooperatively on the
signage and buoy system. The access will be used for launching and
retrieval of boats only.
15. To provide a pay phone if possible in cooperation with the City.
16. To gate the access to snowmobiles and four wheel drives due to the steep
nature of the launching area and potential safety hazards of winter use.
Before any development DNR will meet with the directly affected landowners
identified above and if requested, others in the plat to review and discuss the
plans prior to approaching the city council as provided in the city resolution
dated March 15, 1982.
In addition to the above the DNR will pay the property owners $821.43/lot to
purchase the 30 foot strip of land lying between the 2 parcels of state land on
Prior lake.
I wish to thank you and all the property owners for your cooperation in trying
to resolve the access issue. Through the past two meetings and future meetings
on the plan, I think that we will be able to provide an excellent faCility and
also be.a good neighbor.
Upon return of all the signed letters indicating a willingness to sell the 30
foot strip of land to the state, Bruce Specktor of the Attorney General's
Office will draft a document similar to a deed to be delivered for signature to
each landowner. Once this document is signed by the landowners, it will be
recorded in the courthouse and payment will be made.
Thank you for your cooperation.
Si~li? /J~
MICHAEL T. MARKEll, Supervisor
Water Recreation Section
Trails and Waterways Unit
Box 52 - 500 lafayette Road
St. Paul, MN 55155-4052
(612) 296-6413
MHV 1 r
c Paul T. Swenson, Director, Trails & Waterways Unit
Kathleen Wallace, Regional Administrator/Metro Region
Del Barber, Regional Trails & Waterways Coordinator/Metro Region
Bruce Specktor, Special Assistant ~torney General
Bill Mangen, City of Prior lake ~
Property Owners/North Shore Crest
'---~'-"'---'-_M""'------""-'i'.."..___,e",...--..........",.. _..'..'~m'__.
AGREZ,~E~~':'
TRIS AG~SE~SKT ~s ~ade between t~e State of
~inneso"::a,
acting 8Y and throug~ the Cocmissicner of the Department of
Kat~=al ?eso'~~ces, ~e~e~:la~~e~ ~e~e~~ed ~o as :~e
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..,...;...:\
.-
'~" ~ ~ "--
~~e
r;"; _.....
v_ .....1
0:
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~e J~' e :'::c~:-:. s::
::"'e:e:'~ec.
to
?S
-:~'e
It,..,..; .;.......T!
v.........y
v-J:::::?_EAS ,
~~e Comrni5sio~e~ o~ Na~~~~:
?-:.eSC1~.~ces
..._C:,,:,,,:>
-:::.~.e
aatho~~~Yf d~ty anc ~es~8~s~bil~~y ~~de~ ~i~~eso~a S~a~~~es,
Sect:.e::-:
'J7"~~:'';:f
S'..:.bc..:.. '.-:" s i en
-:':; ~~-::'o-r\'-:-:.~e
::.::e
v :. -~:,
:::cee
s'"\:2.-:e
W~-p~
~ "-......-
e.::cess
s.:..::es
_ 2..~,: ~~ f3
C.___ .......
::- ~""o~E;:"S
,':::e::"'=
2ccess :5 i~ade~~a~e; a~d
Y~;:::::rt:Sj.~S I
~~e ~XR ~as detE~=~~ed access
-,-.. '_!'">-"\ ~
-~ --...........-
--ia~:.e
Scott Co-..:.:-_::y is
inadequate, 2~d ~2S
de~E~n~~e~ ~:l~~ a
:.~ eov\'
:J::ll)lic
'f .,,.......,:J Y'
y'\c;..l.-__
C.ccess
si-;:e
::0
_'-' - r-......,
_ _ _....v'_
:".a~:e
_5
:.-:e C" e s S~:- '"i~
2.::6.
...::..
"high
. .. ..
;:~:o::':''CY''
a~d
W:::::?~:SFoaS ,
~::e
State
....,--
..._c....::>
;:;',:,:cc::2.sed
;::,c?e:~:"lL"']
-'-',-
co~str~cting a new public wate= access :eqa::y des=~i~ed ~s
::0110"'7S:
Outlet
'"
- ,
Sand ?oint
3:-6 ..~6ci-:.:.:)~;
a:-:c
Lo~
:9,
BloCK
C1:
~c~t~ S:::'c~e
C:':"'es:. ;
2..::-:::. t~_c.":
c.:... .: -:.." e i,- ,7 S. ~~~
lccated. i:l t~e
.....1__
:r....c;.....
"'-............ -~......
-y...... - ..._~
C'~.-.."Y'IO ("-c,c-
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c::, -.-.--
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C01.:r:::y,
Minr:esota
.:.y:..ng
eas-:e::-.lv
,-, --
~'~
c:.::~
ac.ja.ce:-.::
to Lot
~ 0
- .... ,
310ck
2
Nc~~~ S~a~e C=es~,
accc::-d:.::;-
to "::~e ;>la.::
O~ f:.~e
.:~ -:~e G:=.:.~e
0:: -:::.e
Sc:o"'C~
Co-...::.n-:y ?ecc:cde:c;
""'.~r
c........ ...,j,
-::.':..e
vJes-:.:e:c2.y
~ '-1
"";V
::ee~
c:
-::::e
:ollow:~g cesc~:~ed
~:'1 0;":2::' ::~~ :
~'-.. --
-:::2..t
-...--....""1-
::i c.. - ....
Gove~~~e~~ :ot ?ive
(;:, \
\ '-' i
SeC~~Q~ :~le~~y-f~ve
(25) ,
Tow::.s~~':::J
One
!.i ~ .. V"'I ,,:. ....., ;::. ..:
..... "----- .....-
?:.:-:eer:
I" .. ;:: \
\ .... -.... I /
::2.:1ge
:we~~y-~wo (22), ces~~2bed
as fc ':'lov,"s:
S -: 2.:;: -:-~ '::1;:-
a -: t::e
!~o~~heast
co:':;,e~ 0:-
~or"::~
S~c:ce
C:-est,
W.n.J.C.r: ?oj,::l~
is
2362..0
'='po+
----'-
Sa:.:.~~
c:.::c, 0,~ tl . 0
feet
E2.st 0: -:~e No:c-:n
Q~a~~e~ c~~~e= 8= sa:Q
Sec-:ic::
25,
Township 45,
?c:::.ge
r, 'l
"'.:.,
a~d ~u~~~~g e2ste~:y at
~ight angles to ~~e _~~~ _i~e c~ s2~d ~O=~~
C'~r.""'o
-.-l..~"-'.... _
C:cest
a
c.ista!1ce
280.0
=ee~;
-:::-;e:1ce
SO"...: -:::-~eas ..:er 2y
;;2.:- ::.". _ _ E: ....
-':0
:;:,.:....:c::..
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(j)
.---r----.--.---.--......."'........-------
d~s~ance of abo~~ 260.0 feet to the shore of Prior
Lake,
the~ce Westerly along said
. , .
snore...lne
a
distance of about 200.0 feet
to ~he Sast line of
North Shore Crest, thence Northwesterly along said
East line a distance of 250.0 feet to the place of
. . .
tlegl~~:.ng.
Containing 0.3 acres.
All being
~1"'>
~_..
Scott County, ~innesota for access p~rposes;
WEEREAS, the DNR and City have de~ermined that a better
a~d ~ore adequate public access can be constructed using the
City's u~developed adjacent parcel, legally described as:
Outlo~ G of
Sand
Point
3rd
Additio~ as
shown
on
Exhibit HAlt,
in
. 1
tl...ue,
in
conjunction
.; +-.
w.....n
t~e
State's property legally described above and shown
in green on Exhibit "A".
WHEREAS,
the City operates an existing City Park
hereinafter referred to as the "Park" loca~ed in
....
..ne
parcels
legally described as:
Government Lot Five (5), Section Twenty-Five (25),
I"jl ~.;
.l.owns__-,-p
One
Hundred
Fifteen
(115),
Range
Twenty-Two (22); and
TEE Easterly :50
feet of
the
:ollowi~g desc~ibed
prope:'ty:
All that part of Government Lot Five (5)
Section
Twenty-Five (25),
Township One Eundred Fifteen
(115) ,
Range
Twen~y-Two
( 22) ,
described
as
follo,^ls:
sta~ti~g a~ ~he Kortheast
corne:- of
North Shore Cres~,
w~ic~ po.:~t
is
2361.0
::eet
South and 335.0 feet East of
the North Quarter
corner of said Section 25, Township 45, Range 22,
a~d r~~~~~g eas~e~ly at ~~q~t a~g~es ~o ~~e 2ast
line of said North Shore Crest a distance of 200.0
feet; thence Southeasterly and parallel to said
East line a dis~ance of 260.0 feet to the place of
beginni:lg.
Containi:lg 0.3 acres.
All being in
Scott County, Minneso~a for access purposes; shown
on Exhibit "A" in yellow;
(%)
"-"-'-'-'T~'--'~" -_............~..,..--- ........."..
NOW ~P-E~EFO~E, ~n consideration of the ~~t~al benefits
to be derived by the public bodies hereto, and for the
benefit of the general public, the parties agree as follows:
I . J~E:RQ,~~r~'U:;t{T_...AND_CQSJ'
The DKR shall develop a water access according to the
attached engineering plans.
The said access shall
inclt:.cie
but not be li~ited to the following i~provements:
A. Two concrete plank ra~ps.
3. Provide two docks for nersons using the access for boat
launching and retrieval.
C. Parking lots and access roadway to be blacktopped,
curbed and guttered (according to the attached engineering
plans) .
D. During construction, as much existing plant material as
possible shall be re~ained.
~. The site ~ll be landscaped
landscaping plans) after construction is
(according
to
o&..~Q
\,.......-
""'. i +- ..
co..,p_e ...eo..
~. The cul-de-sac shall have an outflow flume added to
assist with directing excess storm water
flow toward the
.LaKe.
G. Portable toilet screening and site pad.
H. Slow-no-wake buoys for a b~oy system to be designed in
cooperation with the
City ar:.d
the County
Sheriff's
Department.
T
A gate
at
the
top
'" ...'
0... I..ne
access
:'oad
fo~ winte:,
closure.
Said gate shall be opened a~ ice ou~ and closed at
f:,eeze U:J.
J. A fe~ce =~cm t~e ~o~=al wate~ eleva~io~ O~ t~e weste=~
bounc.a:,y of
The
Ci~y s::al1:
"'0'" ~- ,........ .....n ""a~i.-'~- ~o'" (a no"e' ~ ";"'0
~ I.. _'3 K.~::';; ~;;n -"'~~~6~~':1; a. ':~-'~~Y:J1~
p::'az:.s).(, ~2-~ ~r~LT" ~r-p,I'
#,t-?,~ ~,!iVA-~ ~~ ~ //-Z,C:-8?
engi:1eerir:.g
A.
Allow the Sta~e to utilize O~tlot G S2~d Point
3rd
Acdi~~o~, a~c a pa=~io~ 0= the aQja=e~~ legal:y describe~
pa=ce2s fo:' pa=k:~g pu=poses.
See Exhibit 11311,
3, Allow the pa:,k to be used :or ove~flow ?arki~g between
t~e ope:1i~g of ~~e Walleye;~or~he~n fishing seaso~, as t::e
sa::-.e
is
de~e:':r.i:-;ed by
~~e
Co~_rr.:.ssio:;.e:- I
2.~c.
c:....
leas~
~ ~~:' oug::
June 15~h, 0: e~e~y ca2enda~ ye2.=.
c!P
C. Grant any permit or license to the DNR which may be
req~ired for improvements.
D. Provide, at no cost to the DNR, the use of the City
parcels legally described and shown on attached Exhibits IlAIl
and "3" during the term of this agreement.
E. Provide a sign indicating "Pay Phone a't Beach".
F. 3e allowed to use that portion of the S'tate property,
shown in red on ItExhibi t Arr for a picnic a~ea.
.,..,.
OPERA~ION OF THE ACCESS
Th.. ~;:~l operate a:ld maintain the access;~ the
following nanner.
......
A.
The City shall comply with all local,
State,
and
federal laws, reg~lations, rules, and ordinances which apply
to
managemen~peration
The ~~~ shall be
and maintenance of a public access.
B.
responsible for the operation and
maintenance of
the access
and keep
the
saLle
.:~
..........
gooe.
and
sanitary order as described herein in compliance with the
ter~s of the agree~ent.
Maintenance shall include summer
season portable toilet rental and maintenance, weekly grass
mowing, weed trimming and litter removal.
C. The access shall be free and remain open to the public
every day of the year, 24 hours a day, (except as noted
:~
~*.
1.1.).
D. The access shall have no launch restrictions placed
~pon
.; ....
..;.... ,
except
as
adopted
through
surface
~se
ZO:li:1g
regulations
applying to all ~sers,
and
.;...
...'-
is
further
understood that the City will not under'take any activi'ty
which will restrict 'the launching or retrieval of watercraft
';"I""'l
... ...
any way without the express wri't'ten consen't
of
the
:JKR.
-:;0
-.. .
~he :JNR reserves the right to inspect the access at all
times to insure the CIty is in compliance with the terms of
this agreement.
-:-'
The DKR shall pos't a sign i~forming the public
4-'j.....--
'--_';'0. '-
t:-;.e
access
is
cooperatively provided by the City and
....
,-ne
;paLf;J~ o;;71al~;;:;~;;s ~
~ ~I/ I~ ~"?B.7.
I~ ~,)J~ ~~ lL &.~~y "V'Q;,
,,0 (~ Yi> dr~"d~r~
{iJ
~~".~~ or
/6'
~~
A/# ~~q
?//7ft7,
.,..,..,.
.-....
~:A3:L:':'Y
2ach pa~~y agrees ~~a~
" ...
~ ....
wi:': be ~espo~sible for
:ts
ow~ acts and the results thereof to the extent authorized by
law a~d s~all not be responsible
:or the acts of the
othe:o
par~y and the results thereo=.
7he S~ate's liab~lity
shall
be gover~ed by the provisio~s
0= the Minneso~a Tort
,...... .
v.;.a~ms
Act, ~i~nesota S~a~ute Section
3.736, a:1G o~~e~
appl:.cable
law.
:'/ . TSR.!v:S
':'his
aG"reeJ:1e~~
shall
co:::~e:::ce
on
the
c.ate
" ...
~ ...
'C-
~-"
encumbered by
.....
....:1e
Corr'.I'r.issione~
0= F:':12.:lce
a:-.d
sh.a:':'
':::le
pe:ope~1.:al.
v. AtJ~:::T
------.- ---
The books, records, documen~s a~d acco1.:nting procedures
and practices of
the City relevan~ to
this agreement
are
Sll~ject
to
exami~ation by
the
CO::l!!'..:lssioner
of
"''l''_~":~__'
.l,."c..l.. \004_ ~..:.
Resources and the State aud~tor.
DEPARTMENT OF NATURAL RESOURCES
C:TY OF PRIOR LAKE
By: By:
7itle: Title:
Date: Date:
By: By:
7:~:e: ?itle:
Jate: ~a~e:
A??ROVE~ AS TO FORM AND EXEC~T:O~
By:
Special Assis~an~ A~~orney Gene:oal
:Jate:
~~?A~T~S~~ OF FI~ANCS - ~NCU~3~R~~
>-(...- .
-'';t.
Title:
:Jate:
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E>(ISIT
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COU/;H
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Ma,rch t 5. 1982
H/llUTES of till' Proc"wding5 of the Cil'y Courtcil of the City of Prior Lilkc in tlw County vI'
S'ult .lnll State of Hinnc:.ol<1. including all accOulIlS c'ludlled lJy ~ilid Coul\ci \.
~
'---------< -.,--.--..- -... -.....-,..,-.---........ .- ............-r-
~~yor Stock then closed the question session to the floor and opened it to
the CouncIl.
Councllmembers had many questions and comments.
Mayor Stock asked that the DNR mark their plat maps, Outlot A be marked as
Council Exhibit "A", Outlot 6 marked as Council Exhibit "6", the Zvirbulis
Property as Council Exhibit "C" and the Basic Proposal marked as Council
Exhibit "0".
Motion was then made by' Busse to authorize the drafting of an agreement with
the Department of Natural Resources, on the use ot City Property, Outlot A
for the basic parking area tor the proposed publ Ie access subject and contln-
g~nt to the following: 1. That the Prior Lake City Attorney would have the
right to review and approve the final form and that the Manager and Mayor
b~ given authority to sign said document upon that completion. 2. ~he
DNR continue with effort in the acquisition of the Zvirbulls or .
er r w arking
Sl ua on for IS p . a e provide an area r
overflow parking. 4. The private residents be butfered by agreed methods via
IQndscaping,. planting or whatever that can be worked out between said parties.
~. That the parking lot and its driveway to the Watersedge be bituminous
",urf.:lco. 6. That the proposed parking be buttered in an exceptable manner anc
i1pprovud by the City Parks Director. 7. That a port-a-dock or an equIvalent
be a part of the access for watercraft control. 8. That no swimming or
ski ing be permitted from the aroa. 9. That the City enforce Its parking
restrictions on Crest Avenue. 10. That the City provide, at Its expense, a
dust control process for Crest Avenue continuing to keep it in shape and
Shuro Trilll, until the realignment of said streets in question. 11. That tt;f,!
o Inue to seek and deve ditlonal access on Prior Lak nd that fn~
City is willing 0 assist and help locate 0 ,con ed by ThorkelsGr'l,
':1I11.! upon a voto tilken I twas pas!;od 4 - I, \'/atki ns 'lot i ng nay.
~'<.lyor Stock directed staff to work out hours with the Pollee Department for tl:e
enforcement of these hours for the public access.
The next item on the agenda was to review the roads in Sunfish Bay.
City Engineer Anderson made II presentation on this.
~~tion by Thorkelson to authorize Orr-Schelen-Mayeron to prepare the fe~sibi: i',
study on the roads in Sunfish Bay, seconded by Wlltkins and upon a vote tllken iT
~JS July passed.
PJrk5 & Recroation Director MJngan i1nnounced to the Council that himself an~
thu P..,I kil Department had Jiscussed a C.S.O. program for this surrvner ot SarJ
1,\) i Ilt 0 u..:Clch, to he I p with pCJrk i ng and any other prob I ems that cou j d ar i sa.
;ii th Ilu 0ther comments motion by \'/atkins to CJdjourn, seconded by Busse C)nC: "'.
,1 vuk t.:lkcn this meeting W.JS aJjourned at 10:27 PM.
Michael A. McGuire
City Manager
,
,