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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 -. _0- 11 ..,...;...:\ .- '~" ~ ~ "-- ~~e r;"; _..... v_ .....1 0: ?::::-.:o:' ~~1:e , ~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- ""':..._,-,_ "-' -'_ _...;J \.. , c::, -.-.-- ..........0,...1..."" 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::.. ".:"'::::: C'"- ..,.# .-....... ... (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: {.}J ,. A.\ \ E>(ISIT A. COU/;H .O.l.~ c, ""',,"0" , elf" ... ".teN L,.,-C D'~.4 ~ -- PRIOR LAK~ , r . --. \'~ ~,- \l . ~"'i OWN eo . . E. SoVE~NMtlJf" l-oT 5' D'. "1~ ow~ Q _ l~ 2.~. \J ~ _ VJl4S"" II ~ - lo<<.''''' 2~ ~: ' , I '''' \ \' '..' \ \ ~ ~ ' -. :> , '....-.....,.....--.. :'- ...... .......- . -. ) _ ./ \! G' . Jf .,.. If" . ." r~... 2,"'" ...... ~"r:J"'- .' .~.~.. t"~ ';.ti . ,," .....t" ,.~.,tl'" .\- ('h ... ~ ,. ~ '.,,;. ... ')~ f " ~--5 /d.-9 -J; 0-0 W Q) u .-:::r c--D j~ ,.t , ~ QQ - ~ uJ ~ '. -~ .."... ~= 1 ~ ~ a ~ 112 <I ~t- ~~ :i~ J. \) ;r ~ . , .-"~ \' , ..J . ~.\ . :' \ :- ~ J"\' , \ \ " , ( \ \" , \ \' , \ \ " \ ,\' \ \ . , /' "E A. ~ t ~ ~ - ..... . ~'=' . .~. ',. , \. .. \. " . .' \ . ' . , . ,. . '. \"'" to. '\'\', \ . \. . " . ,. . ., . , . , .'.---r--......-... . 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 , ,