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7.3 SR 05-16-2022Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings May 16, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Easement Vacation: Vacate Right -of -Way Zack Carlton, Community Development Director Between Properties at 18890 and 18920 Peter Beck, City Attorney Concord Street Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution denying the proposed street vacation for the reasons set forth in the attached Resolution of Denial. or If the council supports the vacation, continue the public hearing to July 18, 2022, to provide enough time for the required 60-day review by the Commissioner of the Department of Natural Resources and to draft a Resolution of Approval. Background/Discussion EV 22-02 The property owners at 18890 and 18920 Concord Street are requesting the street right-of-way (ROW) between their properties be vacated. The ROW exists for what would be an extension of 1891h Avenue. The actual street terminates two blocks east of the lake and the adjacent ROW to the east contains a paved trail. The area requested for vacation has an existing stormwater outfall that drains to Lake Orono. The city is required to maintain and repair the stormwater structure and outfall in perpetuity. If the ROW were to be vacated, a drainage and utility easement would need to be established to ensure the city has the ability to continue to maintain and repair the stormwater infrastructure. The new easement would prohibit such things as grading, landscaping, and structures within it. The only change that would be observed by the applicants and residents would be eliminating public access to Lake Orono. Staff has received a voice mail and two emails in opposition of the vacation as residents in the neighborhood utilize the right-of-way for access to the lake during all seasons. The ROW continues to provide a bona fide public purpose in establishing pedestrian access to Lake Orono. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 The subject ROW is one of only two remaining public ROW accesses to Lake Orono and can be used for several public activities, for example, lake/river maintenance (dredging), emergency access, snowmobile access, and public use. Staff recommends the City Council deny the request based on the fact that there is a legitimate public benefit to the ROW and as outlined in the findings of fact described in the attached resolution of denial. Financial Impact None Mission/Policy/Goal ■ Responsibly grow, Meet changing needs — Agile Attachments ■ Location Map ■ Applicant's Narrative ■ Vacation Exhibit ■ Aerial ■ Lake Access Points Exhibit ■ Resident Emails ■ Resolution of Denial i 75 07�Oi30 .. " 75 65.0 75 '7 4 IU j"V ^ J is Y , 7nV767-610 c 'I Iq .00 I �� h �L V'j� Fi #I- p pto-min' rt r.VB Kuhl & Z hi Case : EV 22- 2 Stt ..tion River Description of Project Narrative Detailed descrivtion/scor3e of moiect The project is for the City of Elk River to vacate the undeveloped street that exists between our two homes. This street was part of the city plan decades ago, but has long been abandoned. All that remains are numerous trees that the City of Elk River has had to hire tree removal service providers to cut down as they die and become dangers to the surrounding homes. What is the I)LUpose of the Easement Vacation? What is being proposed? This is technically a "Street Vacation" rather than an Easement Vacation. The purpose is to split the street evenly between Parcel 75-465-0620 and Parcel 75-465-0470. The proposal would leave the City of Elk River with a permanent easement in order to access the storm water system, but would transfer ownership to the owners of the two parcels named above. How is the request consistent with the Cite of Elk River Comprehensive Plan? This portion of property is not a material portion of the City of Elk River Comprehensive Plan. So far as I know, there is no plan for this property and it only results in expenses for tree removal and the like. What has chanced to warrant the Easement Vacation? The City of Elk River abandoned the street plan decades ago and has no plans for the use of this property. How comrlatible is it with surroundine nronerties? A street vacation for this property would make Parcels 75-465-0620 and 75-465-0470 consistent with all surrounding properties, which do not have abandoned and unused streets between them. The result would be a more natural property line for the two property owners as the two properties would now run up against each other rather than running up against an abandoned street. The DNR must be notified and provide comment if adiacent to water Please let us know if we need to do anything for this. What are the benefits to the Cite? The primary benefits to the city would be (1) no more costs and expenses related to tree management and removal on this property and (2) no more risk of liability for any injuries incurred on this property. Since the property is not currently used for anything beneficial to the city, eliminating these two expenses and risks would be a positive outcome for the city. The city would maintain an easement on the property in order to access the Storm Water system. 74686193542046775 STREET VACATION DESCRIPTION & EXHIBIT FOR: Brian and Jesca Kuhl LAKE ORONO / 1. BACKGROUND INFORMATION SHOWN PER BOUNDARY SURVEY PERFORMED BY LANDFORM ON 4/27/2021 EXPRESSLY FOR THIS PROJECT. 2. FOR THE PURPOSES OF THIS SURVEY THE BEARING SYSTEM IS BASED ON THE SHERBURNE COUNTY COORDINATE SYSTEM. 3. THE SURVEYOR DOES NOT GUARANTEE, IN WRITING OR ASSUMED, THAT THE UTILITIES AS SHOWN ARE IN THE EXACT LOCATION. NO EXCAVATION WAS PERFORMED TO LOCATE THE UNDERGROUND UTILITIES. 1I `\ \-iP 1/21N 13057 IP 3/41N 13057� 1� I Lot 8 0 912A i-iP 1/21N 13057 O LY] EXISTING — gT2� HOUSE 1FES 36 RCP 9954 \ 873.0� gj84 Split Rail —� m IP 1/21N ILLEG Fence \ `" 883.8 --- N88°10�1't''�M5.57 — / IP1/21N OPEN) Street to be Vacated l' eT21 Drainage and Utility /� Easement to be retained Ia // IN i--IP 1/21N 8194 J 6 N88°01'47 "W 120.00 120 PLAT $gg3 IP 1/21N 1 $T8. 64.3 — EXISTING HOUSE Lot 2 120 PLAT C0 V88°10'11"W 189.58 Lot 3 Lot 1 I Cl) 60 I o Lot 9 m - SE Corner �If Block4. -yT �I NE Corner C:) Block 6. 60 a � I Z w w Z U) z > 189TH AVENUE (LAKE STREET) Y U _O CID Lot 9 Lot 8 Lot 7 Lot 2, Block 6, WESTWOOD SUBDIVISION, Sherburne County, Minnesota. Together with that part of Lot 1, Vacation description for a portion Of 189th Avenue NW said Block 6 lying west of said Lot 2, and lying north of the westerly extension of the South line of said Lot 2. That part of 189th Avenue NW, originally dedicated as Lake Street on the plat of WESTWOOD SUBDIVISION, as of public record in the office of the Sherburne County Recorder, lying westerly of a line described as follows: Beginning at the southeast corner of Block 4, said WESTWOOD SUBDIVISION; thence southerly to the northeast corner of Block 6, said WESTWOOD SUBDIVISION and there terminating and reserving a ; ;•�� Drainage and Utility easement to the Public over and across the same. • 37 - rr NORTH O z O 1/2" x 14" IRON PIPE SET a IRON PIPE FOUND 0 40 O SCALE IN FEET La"dm--,"d-t,P"Pn®a,eree,eredDemmem,P,mLa"dm,mP,,f naisemi—.LLc. I hereby certify that this survey, plan or report was prepared by me or under my 105 South Fifth Avenue direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. L A N D F O R M Suite 513 Minneapolis, MN 55401 From Site to Finish Web: landform.net Larry Huhn Date: 5/13/2021 License. No. 24332 Revised: 6292021 - revise description Job No. ZZZ21611 Drawing. ZZ221611 COS By DM '767 5 33 75 65- 80 75-4651 75 70 75k6 DI630 75 65 5 65-1 iZ 75-:465-0720 75-46 !0 5v 2 - 90 �j5-02400 1bZ41b*,w-Ui Me. non.• 7 5 !6!5 !-0!8 LAKE RIGHT-OF-WAY ACCESS POINTS �pG� / I x 1PpDR 192nd AYE ESTA1 1 Zg9 st 0 OAY+ 9 190 1/2 MOLto co IAA p1NE E190th E HARRIS ID 18 th AVE PARKa \ OAKS PINEWOOD GOLF COURSE ELK a 8 lh AVE 3 �0 HEIGHTS PARK � 193rd AVE LJ� � D LAKE D %��y ORONO LAKE ORONO 0 ELEMENTARY CHOOL MEApO oMM COUNTY ROAD 1 ELN STRI L IrN z e Ist N A r N 1g5YhT AVE OR.. z /U PARK PARK/PLAKE ��.Cth pMC1A CA ORONO A E COM l ' iJ, CENTER DR y� '.'p1FR,', LAKE ASS JSCN 9 RAVE S c^�' �' ORONO BUSINESS CENTER DR ANC RSON °OSPo A D ' COUNTY ATHLETIC COMPLEX ypEE °O OSS N AIR GROUNDS o PATZ COUNTY COURT CR SiNEs uLLor a OCEN TER O AD O 0 HOUSE 183rd AVE ' aL q�. a voi z — 8th 70 x a AVE a 0 Wl' 8thST G o a \ ORONO PRK WY 183 d VE LA z 0 \\ ELE 1NE55 W=%3/r�'y t`� C' OAK SAVANNA PARK ° st' R° Y HES TER 162nd LN C °� � N � � m CEN o0 5 I& llNTRY N Mg9 � � e 2nd 5 3 $$TAT 1 2 d A E FP3 A)N d L O 1 2 d A 1a Y O l 1 Ad AVE 6s R C UN Y D 30 1 1 t L 13 1 0 h A 1 2 N 18 1 tj 1 S I 3 O = v vie N °N N° R a C 10h 8+ 1 O o N CI Z > p — E 0 a 2 d PARK U U p O 19 WILLIAM H MOULTON Q TAG CONSERVATION AREA W R N z 1 9 h A E C R From: noreOy(Cbcivicolus. com To: Leesebera. Chris Subject: Online Form Submittal: Send Chris Leeseberg an Email Date: Wednesday, May 11, 2022 8:44:55 AM Send Chris Leeseberg an Email TO: Chris Leeseberg First Name Last Name Reply Email Address Subject Kent Madsen sumoref@gmail.com Case No. EV 22-02 ,Section Break) Comments Good Morning, Chris, My name is Kent Madsen. My parents own a house, and I grew up by this property. When the people bought the property, they knew there was a easement going through their property and it was the only place that the neighborhood people could access the lake. I see one of the property owners put a shed close to or on the easement, so people think it's his property. To many of these easements are going away to the property owners and taking away the access to the neighborhood without going over private property. There was an access by my property at was taken away and it was the old boat launch at 1946 main st and cut my access to the lake. I don't want to see all these accesses be taken away by the property owners that new there was an easement there when they bought the Property. I there a map or something that shows all the public or easements around Lake Orono. I would like to see one. Thanks for your time. Kent Madsen 1931 2nd St. My mom's house 18941 Concord St. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. May 9, 2022 Elk River City Council Members, I am writing to express my concern regarding Case No. Ev22-02; the request to vacate the right-of-way between 18890 Concord Street NW and 18920 Concord Street NW. I sincerely hope that you will take this letter into consideration in making your decision, and will reject the proposal to vacate this easement. I purchased my property at 18890 Albany Street NW in 1998 and over the last 24 years, have lived just two blocks directly east of the land in question. When purchasing my place, I was made aware of having lake access through this easement, and it was definitely a factor in choosing to buy my property. Over the last 24 years, I have used this easement regularly, though primarily in winter, to go hiking, snowshoeing, and cross country skiing on the lake. I have actually met and gotten to know three of my neighbors by doing so, as they've also accessed the lake through this easement to enjoy activities on the water. I've seen people fish from this property, and in the past year, know of a new neighbor who was interested in a place to launch her kayak in the summer months. This is a valuable asset to me and the community that would be lost if vacated. While the land is undeveloped as stated in the Notice of Public Hearing, it does provide the only lake access to the residents on the North Side of Highway 10. While there is one other lake access further away off Meadowvale Ave., it is completely blocked off and inaccessible. Therefore, I strongly encourage you to not take this away from our neighborhood, and away from me. A main reason I am so concerned is that in the summer of 2000, 1 had my driving privileges revoked as a result of vision loss that does not allow me to drive a car safely. I am aware of the redevelopment project being completed at the Lake Orono beach, but as a person with a disability (I am Legally Blind), I would never be able to access the lake that far from home, especially in winter, like I am able to do now. It is my happy place in the dark days of winter, hiking or snowshoeing out to Boy Scout Island. The thought of losing that access and not being able to go out there again has me very heartbroken. This land is a valuable asset to our development and should not be vacated. Our neighborhood does not have a neighborhood park, we do not have sidewalks, nor do we have trails that connect our neighborhood to other areas of town. Traveling down Meadowvale Road by walking or by bike is literally a life threatening endeavor. Due to my visual impairment, and biking as a main form of transportation, I know this all too well. What we do have is a small access to a lake we can all enjoy. The access does not disrupt the enjoyment of the lake to the homeowners on either side of the property. Both homeowners act as if it is their personal property regardless, and that is fine. As long as it does not become exclusionary and restricted to those of us that also live in the neighborhood. Finally, on November 6, 2018, voters overwhelmingly decided to invest in city amenities that will benefit every generation, and passed the "Active Elk River Plan". If the Parks and Recreation Master Plan is intended to support "strong neighborhoods ... complemented by a landscape rich in natural resources" it would seem counterproductive to this mission to take this away, and to vacate the easement. Thank you for considering my concerns, and I hope that you will recognize the value of this property to the neighborhood, and will vote not to vacate this property. Sincerely, f� Mary Duitsrnan Homeowner (612) 810-3512 ver City Council City of Elk River Resolution 22- A Resolution of the City Council of the City of Elk River Denying a Petition to Vacate a Public Street Case No. EV 22-02 WHEREAS, a petition has been submitted by the adjacent property owners to vacate the public street described in Exhibit A attached hereto; and, WHEREAS, a public hearing on said petition was held on May 16, 2022, before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The petition to vacate the public street described in Exhibit A is hereby denied based upon the following Findings of Fact: A. Minnesota Statutes, Section 412.851, allows for the vacation of a public street if it appears in the interest of the public to do so. B. The Minnesota Supreme Court has held that a public street should not be vacated unless the public will benefit, in some manner, from the vacation. C. The public street proposed to be vacated provides public access from Concord Street to the shore of Lake Orono. D. The Minnesota Supreme Court has held that where a public street provides access to a lakeshore for any proper activity, before it can be vacated it must appear that the street is useless for that purpose. The Supreme Court went on to hold that the public includes persons other than those in the immediate vicinity, and that it is not sufficient to show that the public street is not now used. It must be shown that the street may not be used in the future for access to the recreational benefits offered by the lake. E. The public street proposed to be vacated is one of only two public ROW accesses to Lake Orono and used for several public activities, for example, lake/river maintenance, emergency access, snowmobile access, and general public access. F. There is no evidence that the portion of 1891h Avenue proposed to be vacated has caused any unusual maintenance or clean up obligations on the City. Any such maintenance responsibilities are similar to all other public streets in the City. G. After consultation with the City's liability insurance carrier on a previous ROW to the lake vacation, City staff has determined that denial of the petition to vacate this portion of 1891h Avenue will not have any impact on the City's liability insurance premiums, nor would it create any liability of the City to lawsuits beyond that similar to all public streets in the City. H. The City Council finds, based upon the entire record in this matter before the Council, that the portion of 1891h Avenue proposed to be vacated is not useless for access to Lake Orono, that the public will not benefit from vacation of this portion of 1891h Avenue and that, therefore, by state law, this portion of 1891h Avenue should not be vacated. Passed and adopted this 191h day of January 2016. ATTEST: Tina Allard, City Clerk John J. Dietz, Mayor A0WIAE0 6i 2 INAWREI Exhibit A STREET VACATION DESCRIPTION & EXHIBIT FOR: Brian and Jesca Kuhl LAKE OJIRONO IJ I. BACKGROUND IMF ORMATIUMSHOOrN PER BOUNDARY BUR VEYIPERFORNEDBY LAND FORM ON A12713021 EXPRESSLY FOR THIS PROJECT. 2 FOR THE PUP POSES OF THIS SURVEY THE BEARING SYSTEM IS BASED ON THE S HERBURNE COUNTY COO RDIINATE SYSTEM, 3. THE SURVEYOR DUES NOT GUARANTEE, IN WRITING OR ASSUMED. THAT THE UT I LATIES AS SHORAN ARE IN THE EXACT LOCATION NOEXCAVATIOIRVNAS PERFORI TO LOCATE THE UNCEIRGROUNDUTILITIRG, P '` 1P 1211N"1105T k Lot 8 u j 1P HP IN 13R57 0 60 Lou 9 co 0 I EXISTING m HOUSE FEB BB RGP g yAL' Ind N'S5. �- SE ruOrneY `d. 879.0—.Spllk IF V2Iry Iu.EG Bfxk4Evil- �* c • �-c, y,���p, ram"'' El A 8 __-,- _ NR©7'1R m5 T 1897`H AVENUE q. I.. 4LAKE STREET) sfSa `° g� C .� - $S 01 47 12000 I — 81a i P. 11T��� ,j IP 1d21hI OPEN- e'a Street to fga ExIS1 INS IP 1121N 1y05PJ 6 "' NB (udYneY o r ""— P,] Vacated aT=1�p Breilnage and Utility HGu.,E M1 Block S. ,9 Easement to be retained 6 so % Lot 2 ( Vat 9 . IP tll21N BIg4 GO w z On c-- 24t Z El 88°10"11"VW 1,89.56 Y m IL U _ v m z cn Lot 3 i IP 1l9N 11729--� GO I Lot 8 Lot 1 f Lot 7 Vacatiionldescription fora Perri on of 169th Avenue N'VV: That pares of 189th Avenue NVV', Originally dedicated as Lake Street on the plet of VVESTWNYOOD'SUBDIVIISION, as of pubtiic record !n the office of the Sherburne County Reoordler. lying awesterly of a fine described as to "we Beginning at the southeast corner of Block 4, said VVESTWOOD SUBDIVISION: thenca southerly to the northeast comer of Block 6, said VVESTA00D SLU2011.VISION and there terminating and reserving. a Drainage, and Utility+ easement to the Public over and across the same O I hereby aakN Yhaf thin avwey, plan ov repeH was pvep,areM by' me er under my dlred nipannisimn amd thal II a,rn a dmlr licemsed Land smrmarmr under tlhe laws d m,e 51:rte otl IRinaesob. Larry'HRMi/ Deie: 5A132021 License.. Nm. 24332 R--d 6252621-revs®de,arupb- Let 2. Block R. AESTWOODSHEIDIVISION Sherbu,fe Co.nR Winne., Tmgeth,w1hd,aaparto@Lot 1. said Blmck 61Ying west mtseid Lmt 2, sind lyinig north mf Uns 'e erl, —nien ddte "umoih — o<— Loll. :1 NORTH p 1f2"x14"'IR0N I'll PE SET IRON PIPE FOUND 0 40 SCALE IN FEET 106 South Fifth Avenue Suite 513 t„ A !rk D F O R M a e Minneapolis, MN 55401 Fmm Sic N Eli g, On Web landform.net Jab Nu 71I21611 U-11rzg ZZZ21611 CONS Hy: DIA A 0 W I R E 0 e i A-1 7.3 From: noreply@civicplus.com <noreply@civicplus.com> Sent: Sunday, May 15, 2022 11:16 PM To: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov> Subject: Online Form Submittal: Send Chris Leeseberg an Email Send Chris Leeseberg an Email TO: Chris Leeseberg First Name _ Last Name - Reply Email Address Subject Request to vacate lake access on Concord St. Comments I have talked to a few people about this request, and have learned that people use this lake access, and if closed, it will be missed. I believe the residents of the City of Elk River recognize the wonderful asset that Lake Orono is. By closing the Concord Street access, people will lose a nearby place where they can walk to the lake shore and enjoy the special sights and sounds of nature that are unique to a lake setting. Lake Orono is not a private lake. It belongs to the residents of Elk River. By closing off accesses to the lake, people are being denied the ability to enjoy what should be an amenity of their neighborhood. There is a beautiful park across the highway, but there is a huge difference between the access at the park and the small access on Concord St. Orono Park is busy, it's noisy, it's often crowded. We need to preserve some small, quiet spots like the one on Concord for people to get away from the stresses and busyness of their daily lives. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. Kuhl Easement VacationZehringer– Action Requested public hearing unit June 6, 2022Open the public hearing, take comments, and postpone the Applicant unable to attend