1987 08 11 Agenda
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AGENDA
PARK AND RECREATION COMMISSION
TUESDAY, AUGUST 11, 1987, 7:30 P.M.
CHANHASSEN CITY HALL, 690 COULTER DRIVE
1. Call to order.
2. Valhalla Avenue Vacation Request.
3. Preliminary Plat Review of Phase I, Lake Susan Hills PUD.
Although this appears to be a short agenda, please plan to attend
as there will be residents in the audience.
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The Commlssion will meet at City Hall at 6:45 p.m. for a site
visit. Please call Lori if you are unable to attend the meeting
or if you will be later than 6:45.
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CITY OF
CHAHHASSEH
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690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Park and Recreation Commission
FROM: Lori Sietsema, Park and Recreation Coordinator
DATE: July 24, 1987
SUBJ: Valhalla Avenue Vacation Request
Attached please find a memo from Barbara Dacy to the City Council
requesting the vacation of a portion of right-of-way at Valhalla
Avenue and Pleasant View Road. The City Council reviewed this
item and referred it to the Park and Recreation Commission for a
recommendation (see attached City Council minutes dated July 6,
1987) .
Staff has looked at the options the City can take with this item
and consideration must be given to the legal status. I have for-
warded the information to Roger Knutson, the City Attorney, and
his recommendation is pending, as the primary issue is the City's
legal position.
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In talking with the Mr. Knutson, he has assured me that his
research and conclusions can be completed for inclusion on the
August 11th agenda. No action is reuqired at this time.
UPDATE:
Attached please find a letter from City Attorney, Roger Knutson,
responding to the Valhalla Avenue vacation request. Mr. Knutson
clearly states three points:
1. The City can retain the right of way to be used only for
street purposes.
2. The City can not sell the street right of way.
3. If the street is vacated, ownership automatically goes to
the abutting property owners.
In light of this it seems that the Park and Recreation Department
does not have the legal right to use this parcel for park/beach
purposes. Additionally, it was found that the parcel can not be .
retained for private park/beach uses either.
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Park and Recreation Commission
Valhalla Avenue
Page 2
As the Valhalla Avenue street right of way is no longer needed
for it's originally intended use, it is the reco~nendation of
this office to vacate the parcel as requested.
Please refer to thr enclosures included in the July 28yh packet.
If you are unable to locate such, please let me know.
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID 1. GRANNIS - 1874-1961
DAVID 1. GRANNIS, JR. - 1910-1980
PROFESSIONAL ASSOCIATION
POST OFFICE Box 57
403 NORWEST BANK BUILDING
161 NORTH CONCORD EXCHANGE
TELECOPIER: .
(612) 455-2359
DAVID 1. HAIlMEYER
M. CECIUA RAY
ELLIOTT B. KNETSCH
MICHAEL J. MAYER
VANCE B. GRANNIS
VANCE B. GRANNIS, JR.
PATRICK A. FARRELL
DAVID 1. GRANNIS, III
ROGER N. KNUTSON
SOUTH ST. PAUL, MINNESOTA 55075
TELEPHONE: (612) 455-1661
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August 5, 1987
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Ms. Lori Sietsema
City of Chanhassen
690 Coulter Drive, Box
Chanhassen, Minnesota
147
55317
RE: Valhalla Avenue
Dear Lori:
Valhalla Avenue, between Lot 58 and Lot 23, was donated to
the public in 1910 on the plat of Pleasant View. Minnesota
Statutes ~ 505.01 provides in part "land donated [in a plat] for
any public use in any municipality shall be held in the corporate .
name in trust for the purpose set forth or intended." The City
cannot use land that has been donated to the public for a
particular use for a different public use. Headley v. City of
Northfield, 35 N.W.2d 606 (Minn. 1949).
When land is donated to the City on a plat the City only has
the right to use the land for the limited purpose identified on
the plat. Headley Supra. The City "holds the qualified or
terminable fee title thereto in trust for the people, and it can
neither sell such title nor deed it to a private use." State v.
Marcks, 36 N.W.2d 594 (Minn. 1949).
The City can vacate the street by following the procedure in
Minnesota Statutes ~ 412.851. If the street is vacated, the
ownership generally goes to the two abutting owners. OPe ATTY.
GEN., 396-G-1, Nov. 4, 1947. The City can't sell the vacated
street to the abutting owners. OPe ATTY. GEN. 396-G-16, Sept. 9,
1965.
Translated to English this means: (1) Valhalla Avenue can
only be used for a street, (2) the City can't sell the street,
(3) if the street is vacated, ownership automatically transfers
to the abutting owners.
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Ms. Lori Sietsema - Valhalla Avenue
August 5, 1987
Page Two
Very truly yours,
RNK:srn
GRANNIS, RANNIS,
SON, P.A.
cc: Don Ashworth
THOMAS M. SEIFERT
600 Pleasant View Road
Chanhassen, MN 55317
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August 5, 1987
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To: The Parks & Recreation Committee of Chanhassen
Re: City Property, Vahalla Ave.
I read, with great interest and concern, in the South Shore Weekly News
about the fire lane access lot that is 3/4 block from my property. For 16
years, I have watched this lot become an increasingly dangerous lot be-
cause of various cars and trucks in and out of the neighborhood parking and
blocking the flow of traffic.
In 1971 it seemed very logical for the city to have access to the lake to
add another backup supply of water for fighting fires. In these years no
one really used the property much, except for a young person fishing now and
then with the land being kept quite natural. After the sewer and water
lines and hydrants were put in I thought the city would return the property
back to the adjoining property owners so that more tax revenue would be
generated, since the need for a back up water supply was not needed. The
construction for the sewer and water left the property much more physically
accessible and then the usage increased dramatically.
The parade of horribles, noted in the newspaper article is certainly
correct, and since no one has ever maintained the property the litter
problem has become my problem and the other neighbors that adjoin this
property. Because of its isolated location and non-maintenance young adults
in the neighborhood and more importantly outside the neighborhood have
started to use the property.
Since the new park is under construction just a few blocks away for non-
lakeshore owners, returning this property to the adjoining property owners
seems most appropriate and affordable to the city. I see young kids,
probably from Near Mountain and Fox Hollow, are already using the shoreline
for fishing in the new park under construction, so the switch in usage is
certainly possible and even more idylic and pretty than this other fire lane
lot. This new parkland beach lot offers a controlled and managed recreation
area for the neighborhood. And this glorified fire lane with no parking and
no adequate control only gives the neighborhood more problems, that return-
ing this property to adjoining owners only make sense.
Sincerely,
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Thomas M. Seifert
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VALLHALA AVENUE
Continued Use:
Swimming/ Floating
Fishing
General Enjoyement
Proposed Use:
Picnicing We Provide Table(s)
Possible Flower - Shrub Gardens
Launching of Hand Carried Watercraft
Homeowners Would Provide:
ALL MAINTENAC~ OF PROPERTY INCLUDING
Mowing
Tree trimming
Plantings Allowed
Trash Removal - Receptical provided onsite
In General , Esta~lish a Mini Neighborhood Park, Maintained by Homeowners
For the enjoyment of all.
CITY OF
CHANHASSEN
PRC DATE: 8-11-87
c.e. DATE:
CASE NO: 87-3 PUD
Prepared by: Sietsema:k
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STAFF
REPORT
PRO}?OSAL:
Preliminary Plat of 60.65 acres into 124
single family lots (Phase I of the Lake Susan
West PUD).
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LOCATION:
On the east and west sides of Powers Blvd. (CR
17), approximately i mile south of TH 5.
APPLICANT:
Lake Susan Hills Partnership
7600 Parklawn Avenue
Edina, MN 55436
PRES~NT ZONING: RSF, Single Family Residential
ACREAGE:
60.65 acres
DENSITY:
2.04 units per acre. Potential Population: 347
EXISTING PARKS: There is a community park located on
the north side of Lake Susan.
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COMPREHENSIVE PLAN: The Comprehensive Plan shows this develop-
ment to lie within the MUSA Line. The
1990 Land Use Plan calls for open space
along the west side of Lake Susan. The
Trail Plan calls for trails along the
west side of Lake Susan, both sides of
Powers Blvd., and along main streets
within the development. The Park
Ordinance calls for one acre of park
land for every 75 people. The
Comprehensive Plan states that neigh-
borhood parks should be at least 5 aces
in size.
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Background
The City Council reviewed and approved a PUD concept plan for the
Lake Susan Hills West development. The Council took all of the
Commission's recommendations and made the following requirements
regarding parks and trails:
* a 9.8 acre parcel at the north end of the development,
adjacent to the high density area,
* a 5 acre park on the east side of Powers Boulevard,
* a 6.7 acre linear strip of land along the west side of Lake
Susan,
* an 18.2 acre park on the southwest end of the development,
* construction of an 8' wide trail segment along the west
side of Lake Susan,
* construction of an 8' wide trail along one side of Powers
Boulevard, unless there is evidence that a trail is needed
on both sides, in which case a trail would be constructed
on the remaining side,
* construction of a 5' concrete trail along the major streets
within development and down to the 18 acre parK,
* construction of an 8' wide trail along Audobon Road,
* and grading of all the parcels dedicated for park land.
The Commission will be reviewing each phase of the development as
they are submitted. In these reviews, we should make certain that
the items listed above are addressed.
Phase I involves the division 60.65 acres into 124 single family
lots. The acreage involved is located on both sides of Powers
Blvd. and should be treated as two separate neighborhoods. The
developer has agreed to dedicate the linear strip of land along
the west side of Lake Susan, build an 8' trail along that strip,
and construct a 5' trail along the street shown crossing Powers
Blvd. Park land is to be dedicated in future developments.
The concept plan identifies a 60' wide park access off of the main
street on the west side of Powers. This access is shown on the
preliminary plan as only 10' wide. It is important to maintain a
width of no less than 60' to insure the ability to provide parking
within this park.
Although it was not agreed upon at the concept review, con-
sideration should be given for a trail easement between Lots 12
and 13 on the east side of Powers. This will provide an efficient
access for future residents to the lake trail.
ParK and Recreation Commission
August G, 1987
Page 3
Recommendation
It is the recommendation of this office to approve the preliminary
plan for Phase I of the Lake Susan Hills West PUD with the
following conditions:
1. A linear strip along the west side of Lake Susan be dedicated
for trail purposes and an 8' wide bituminous trail be
constructed upon it.
2. A 5' concrete off-street trail be constructed along the street
that crosses Powers Blvd. and runs through both neighborhoods.
3. A 20' trail easement be obtained between Lots 12 and 13 on the
east side of Powers Blvd.
4. A park access of at least GO' in width be obtained off of the
main street on the west side of Powers Blvd.
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CITY OF CHANHASSEN
RECEIVED
JUL 211987
CHANHASSEN PLANNING DEPT.
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