07.a Staff Report - Simpson Easement Vacation and Dedication1
Staff Report
Date of Meeting: August 15, 2023, City Council Meeting
To: Mayor and City Council
From: Kyle Morell, City Administrator
Re: Simpson Easement Vacation and Dedication
Background:
Jim Simpson, 14789 Oren Rd N., is the owner of property abutting a portion of a public way for
pedestrian use terminating at Goose Lake (DNR ID# 82005900). He submitted a petition to the
City to vacate the public easement legally described as:
The East 20.00 feet of the Northwest Quarter of the Southwest Quarter.
AND
That part of the East is 20.00 feet of the Southwest Quarter of the Southwest Quarter
lying North of the South 468.27 feet thereof. All in Section 11, Township 32 North, Range
20 West, Washington County, Minnesota.
In addition to this, Mr. Simpson has also proposed the dedication of an additional easement on
his property, legally described as:
The North 20 feet of the South 113.50 feet of the West half of the Northwest Quarter of
Section 11, Township 32, Range 20, Washington County, Minnesota
AND
The West 20 feet of the West Half of the Southwest Quarter of said Section 11 lying North
of the South 468.27 feet thereof.
A map showing the easement to be vacated and the easement to be dedicated is attached.
The public hearing scheduled for the July meeting is for the vacation of the existing easement.
Notices were sent out on June 15th, 2023, to the surrounding properties as required. No public
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hearing is required for the dedication of the new easement. The petition is clear that the
dedication of the new easement is contingent on the vacation of the existing easement.
Issue:
The Council must decide whether to vacate the existing easement and dedicate the new
easement. Resolutions have been prepared and are attached, accepting and denying the vacation
of the old and the dedication of the new easement.
The Department of Natural Resources has commented on the proposed vacation and dedication
of a new easement. The DNR “concludes that the vacation does not indicate a benefit to the
public as a whole or protect the present and potential use of the land for access by the public as a
whole to the public water. The reroute of the access will result in the loss of a public access to
Goose Lake. As such, the DNR is opposed to the vacation.” Their full comments are included
for review.
Other items attached include letters from residents to be considered public comment and a memo
from the previous City Administrator, presented in June 2022, when Council last discussed
vacating the public easement on Mr. Simpson’s property. The memo contains information that is
still relevant to this discussion.
July Council Metting:
The Council held a public hearing for the proposed vacation of the existing easement. Mr.
Simpson addressed Council, explaining why he filed the petition to vacate the existing easement.
He also showed Council where he has proposed establishing a new easement to replace the
existing one. Numerous residents voiced their opinions that the existing easement should be
kept. Council discussed the merits of the newly proposed easement. Councilmember Lubke had
questions regarding the wetland across the newly proposed easement. He volunteered to visit the
property and investigate his questions, and Councilmember Cusick said he would join him.
August Work Session:
Staff presented a report detailing a visit to Mr. Simpson’s farm with Councilmembers Cusick and
Lubke and Public Works Director Fischer. After that meeting, Public Works Director Fischer
contacted the Carnelian Marine St. Croix Watershed about accessing Goose Lake via the City-
owned property south of Bruce Swenson’s property on Oldfield Ave. N. Mowing the parcel for
pedestrian access would require a DNR permit as it would affect emergent aquatic plants.
Attachments:
James Simpson Easement Petition
Resolution 08-15-23-01-Denying Vacation of Goose Lake Easement
Resolution 08-15-23-01-Vacating Goose Lake Easement
Resolution 08-15-23-02-Dedication – Denial
Resolution 08-15-23-02 -Dedication – Approval
06 22 Staff Memo – Goose Lake Pedestrian Easement Considerations
DNR Comment – Proposed Vacation of Public Access to Goose Lake
Hervig Comments re Ped Easement
Johannsen Public Comments
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Kenneth Holtgreve Public Comment
Newell Comments on Simpson Vacate Request
St. Sauver Public Comments
Swenson Public Comments
Simpson Email Regarding Barbed Wire
August 2, 2023 Staff Report for Simpson Easement Discussion
Mike Lubke Email dated 07/21/203
N88°32'33"E 22.67
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PID NO. 1103220310001
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SIMPSON JAMES M & PEGGY A
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LEGEND
SECTION LINE
SIXTEENTH LINE
PROPERTY LINE
SURVEY NOTES:
1.Existing Acreages:
PID No: 1103220310001 = 1,278,082 Sq. ft. or 29.34 Acres
PID No: 1103220340002 = 62,667± Sq. ft. or 1.44±Acres
PID No. 1103220230008 = 2,385,792 Sq. ft. or 54.77 Acres
Total Acreage:= 3,726,541± Sq. ft. or 85.55± Acres
2.The address of PID No. 1103220310001 is 14789 Oren Road North, Scandia, MN 55073.
3.Orientation of this bearing system is based on the Washington County Coordinate System NAD83 (1986 ad.)
4.The Property is zoned as (VN) Village Neighborhood District with Shoreland Overlay per City of Scandia Zoning Map.
Building Setbacks (per City of Scandia Zoning Regulations)
Front Yard / Right of Way: =40 feet
Side Yard: = 20 feet
Rear Yard: =50 feet
Ordinary High Water Line - Goose Lake - Natural Environment Lake Structure/Sewage Treatment System = 200 feet/150 feet
Front, Side and Rear Yard Setbacks shown on survey may be subject to interpretation)
5.The intent of the deed call to the high water mark on lake shore for PID No. 1103220340002 may be subject to interpretation.
For the purposes of this survey the southerly boundary line of PID No. 1103220340002 is shown to be the shoreline of Goose
Lake.
6.Contours shown are from DNR MnTOPO on NAVD 88 and survey field work.
7.The Wetland Delineation dated May 28, 2021 by Jacobson Environmental was requested for the area of the subject Property Exclusive of
the Conservation Easement and Parcel A - 1. The Wetland Delineation has been reviewed and approved by the Washington County
Conservation Department.
8.Proposed 20' wide easement: Length = 3,480 feet Acreage = 71,472 Sq. Ft. or 1.64 Acres
Existing 20' wide easement to be vacated:(measured to shoreline)Length = 1,704 feet Acreage = 34,095 Sq. Ft. or 0.78 Acres
GRAVEL SURFACE
QUARTER LINE
RIGHT OF WAY LINE
EASEMENT LINE
CENTERLINE
CONCRETE SURFACE
FILE NUMBER:
CHECKED BY:
DATE:
SCALE:
DRAWN BY:
I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF
DATE:LIC. NO.
DATE AMENDMENTS PREPARED FOR:BY JIM SIMPSON
MINNESOTA.
Shawn M. Kupcho L.S.9/12/22 49021
September 2, 2022
AS SHOWN
JAS
SMK
2020-11956
WETLAND
0
SCALE ( IN FEET )
100 200
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DENOTES A FOUND 1/2" IRON PIPE
MONUMENT W/CAP MARKED 13590 UNLESS
OTHERWISE SHOWN ON THE SURVEY
DENOTES A SET 1/2" IRON PIPE
MONUMENT W/CAP MARKED LS 42648
DENOTES A SECTION CORNER
MONUMENT
DENOTES A SET 1/2" OPEN IRON PIPE
MONUMENT
EASEMENT EXHIBIT
EXISTING 20' WIDE EASEMENT AREA
PER DOC. NO. 3095196
EXISTING PROPERTY DESCRIPTIONS:
PID Nos. 1103220310001 & 1103220340002
Warranty Deed Doc. No. 4209721)
The Northeast Quarter of the Southwest Quarter, except the East 330 feet thereof, in Section 11, Township 32 North, Range 20 West,
TOGETHER WITH an easement for ingress and egress over and across said East 330 feet of said Northeast Quarter of the Southwest Quarter
over the existing driveway, being a strip of land 4 rods in width from the sellers' property East to the Township Road, as reserved and described
in Warranty Deed recorded October 18, 1972 in Book 318 of Deeds, page 700, as Document No. 304216 in the office of the Washington County
Register of Deeds.
AND
That part of the Southeast Quarter of the Southwest Quarter of Section 11, Township 32 North, Range 20 West, described as follows:
Commencing at the Northwest corner of the SE 1/4 of SW 1/4, of said Section 11, Township 32 North, Range 20 West; thence running South on
West line of said SE 1/4 of SW 1/4, 18 rods to high water mark on lakeshore; thence running Easterly and Northeasterly at high water mark on
lakeshore 37 rods and 13 feet until it intersects with the North line of said SE 1/4 of SW 1/4; thence running West on the North line of said SE
1/4 of SW 1/4 , 27 rods to place of beginning.
TOGETHER WITH AN EASEMENT DESCRIBED IN WARRANTY DEED DOC. NO. 769084
Warranty Deed Doc. No. 769084)
The East Three Hundred Thirty (330) feet of the Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) of Section Eleven (11),
Township Thirty-two (32) North, Range Twenty (20) West, according to the United States Government Survey thereof.
Subject to 66 foot Easement for permanent access over and across the above described tract, the centerline of said easement described as
follows:
Commencing at the Northeast corner of the Northeast 1/4 of the Southwest 1/4 of Section 11; thence South, along the east line of the Northeast
1/4 of the Southwest 1/4, a distance of 15 feet to the point of beginning of the line to be described; thence Easterly in a straight line, a distance
of 340 feet more or less, to a point on the West line of the East 330 feet of the Northeast 1/4 of the Southwest 1/4 of Section 11, distant 103.5
feet South of the North line of the Northeast 1/4 of the Southwest 1/4 and there terminating.
AND
PID No. 1103220230008
Parcel A-2(per Warranty Deed Document No. 4366036)
That part of the West Half of the Southwest Quarter of Section 11, Township 32, Range 20, Washington County, Minnesota, described as
follows:
Beginning at the northwest corner of the South 468.27 feet of said West Half of the Southwest Quarter; thence North 88 degrees 32 minutes 33
seconds East, assumed bearing, along the north line of the South 468.27 feet, a distance of 22.67 feet; thence North 04 degrees 17 minutes 53
seconds West, 199.12 feet; thence northeasterly 312.02 feet along a tangential curve to the southeast having a radius of 555.00 feet and a
central angle of 32 degrees 12 minutes 40 seconds to the east line of the West 100.00 feet of said West Half of the Southwest Quarter; thence
North 03 degrees 21 minutes 51 seconds West, along said east line, 349.11 feet; thence North 87 degrees 08 minutes 34 seconds East, 565.12
feet; thence South 02 degrees 19 minutes 52 seconds East, 122.17 feet; thence South 32 degrees 03 minutes 05 seconds East, 137.71 feet;
thence South 17 degrees 15 minutes 25 seconds East, 278.65 feet; thence South 03 degrees 21 minutes 51 seconds East, parallel with the
west line of said West Half of the Southwest Quarter, 352.67 feet to the north line of said South 468.27 feet; thence North 88 degrees 32
minutes 33 seconds East, along said north line, 488.91 feet to the east line of said West Half of the Southwest Quarter; thence North 02 degrees
49 minutes 27 seconds, along said east line, 2175.06 feet to the northeast corner of said West Half of the Southwest Quarter; thence North 02
degrees 25 minutes 25 seconds West, along the east line of the West Half of the Northwest Quarter of said Section 11, a distance of 113.55 feet
to the north line of the South 113.50 feet of said West Half of the Northwest Quarter; thence South 89 degrees 19 minutes 26 seconds West,
along said north line, 1306.74 feet to the west line of said West Half of the Northwest Quarter; thence South 02 degrees 34 minutes 15 seconds
East, along said west line, 113.56 feet to the northwest corner of said West Half of the Southwest Quarter; thence South 03 degrees 21 minutes
51 seconds East, along the west line of said West Half of the Southwest Quarter, 2193.47 feet to the point of beginning.
PROPOSED EASEMENT DESCRIPTIONS:
The North 20.00 feet of the South 113.50 feet of the West Half of the Northwest Quarter of Section 11, Township 32, Range 20, Washington
County, Minnesota.
AND
The West 20.00 feet of the West Half of the Southwest Quarter of said Section 11 lying North of the South 468.27 feet thereof.
PROPOSED 20' WIDE INGRESS AND
EGRESS EASEMENT AREA
N88°32'33"E 22.67
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Scandia,Minnesota
Jim’s cell:612-770-2222
www.maxtreefarm.com
April 12,2023
Scandia City Council members
Jim and Peg Simpson,owners of Max Tree Farm,ask that you consider relocating a section of the
city owned pedestrian easement within our land in Scandia.This will allow us to expand our tree
fields onto the land we purchased from Bruce and Janet Swenson and provide a free benefit the
City of Scandia.
Benefits of moving public easement:
New location leads directly to the public landing,current easement is only 20’wide at
lakeshore),amenities at public landing:parking,boat ramp,dock,posted lake rules,porta potty
Current easement is a dead end at the lake 20’wide),proposed allows access to other routes
Connects to dedicated bike route,Oldfield to Oakhill Roads
Pedestrians can utilize Oldfield Ave dead end road:plowed in winter by city
Length:changing from 1704’to 3480’long and 78 to 1.64 acres.Better walking experience,with
over 100%increase in area,big win for the public at no cost to the City
No wetland issues no improvements needed current easement would require a engineered and
DNR approved elevated path built to be usable year-round standing water in wetland documented
for 5 months in 2021/22,water is currently several feet deep)
Allows us to establish DNR approved fencing and field roads that are more practical for marking
and designating location of walkway this will decrease trespassing problems Swenson’s had.
This pedestrian only easement has no effect on bordering neighbors nothing needed from them
to change,we have talked with 2 of 3 and they support this relocation.
About Max Tree Farm:
Solid,long reputation supplying large shade trees to respected commercial and residential
projects
Long crop rotation of 12-15 years,minimizing negative impact on Goose Lake vs.row crops)
High quality trees that are meticulously cared for,along with the land they grow on
MTF started in 2006 in Scandia and has an excellent reputation in the industry and with
neighbors of previous farm;23393 Nolan Ave N,Scandia
Wouldn’t it be great if someday Scandia had miles of walking paths?This is a unique opportunity
that would benefit all 4,159 Scandia residents.
Thank you for your consideration of this offer.If the easement isn’t relocated,we’ll need to pursue
other development options or sale of the land.
We built a beautiful farm on Nolan Avenue and appreciate the honor to do it again in Scandia!
Jim and Peg Simpson
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CITY OF SCANDIA
RESOLUTION NO. 08-15-23-01
A RESOLUTION DENYING THE PETITION TO VACATE A PORTION OF A PUBLIC
WAY FOR PEDESTRIAN USE TERMINATING AT, ADJACENT TO, OR ABUTTING
UPON PUBLIC WATERS PURSUANT TO MINNESOTA STATUTES § 412.851.
WHEREAS, a petition signed by the majority of property owners abutting a portion of a
public way for pedestrian use terminating at Goose Lake (DNR ID# 82005900) in the City of
Scandia was received by the City Clerk on the 12th day of April 2023; and,
WHEREAS, the petition requested that the City Council, pursuant to Minnesota Statutes
412.851, vacate a portion of the unopened and unimproved pedestrian easement legally
described as:
The East 20.00 feet of the Northwest Quarter of the Southwest Quarter.
AND
That part of the East 20.00 feet of the Southwest Quarter of the Southwest Quarter
lying North of the South 468.27 feet thereof. All in Section 11, Township 32 North,
Range 20 West, Washington County, Minnesota.
WHEREAS, the City Clerk reviewed and examined the signatures on said petition and
determined that such signatures constituted a majority of the landowners abutting upon the
portion of the pedestrian easement proposed to be vacated; and,
WHEREAS, a public hearing to consider the vacation of such street was held on the 18th
day of July 2023, before the City Council in person, at 7:00 p.m., after due published and posted
notice had been given, as well as personally mailed timely notice to all affected property owners
by the City Clerk on the 15th day of June, 2023, and all interested and affected persons were
given an opportunity to voice their concerns and be heard; and,
WHEREAS, the City Council, in its discretion, has determined that the vacation will not
benefit the public interest due to the following factors:
Although the pedestrian easement has become overgrown in recent years, the City
Council received testimony from residents who stated they use the easement to access
Goose Lake;
The City Council must consider both the current use of the pedestrian easement and the
potential future use of the pedestrian easement;
The pedestrian easement may be improved to facilitate greater or easier access to Goose
Lake for residents in the future;
Vacation of the pedestrian easement would constitute a public action benefiting primarily
the Petitioners rather than the community at large;
Resolution No.: 08-15-23-01
Page 2 of 2
The Petitioners have not established that vacation of the pedestrian easement is required
or necessary to use the property over which the 20-foot wide pedestrian easement lies as
a tree farm;
A 20-foot wide pedestrian easement is a low-impact, limited right of access that does not
negatively impact the property over which the easement lies;
Pursuant to Minn. Stat. § 412.851, the City was required to receive comment from the
Minnesota Department of Natural Resources (“DNR”). Upon its review of the petition for
vacation, the DNR determined the “vacation does not indicate a benefit to the public as a
whole or protect the present and potential use of the land for access by the public as a
whole to the public water”;
The City Council agrees with the DNR’s analysis of the vacation petition; and,
The City Council finds that providing the public with ready access to natural resources is
inherently in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA AS FOLLOWS:
Based on the Council’s determination that vacation of the pedestrian easement above-described
is not in the public interest, the Petition to Vacate is DENIED.
Passed by the City Council of Scandia, Minnesota, this 15h day of August, 2023.
Mayor Christine Maefsky
Attested:
Kyle Morell, City Administrator
CITY OF SCANDIA
RESOLUTION NO. 08-15-23-01
A RESOLUTION VACATING A PORTION OF VACATION OF A PUBLIC WAY FOR
PEDESTRIAN USE TERMINATING AT, ADJACENT TO, OR ABUTTING UPON
PUBLIC WATERS PURSUANT TO MINNESOTA STATUTE § 412.851.
WHEREAS, a petition signed by the majority of property owners abutting a portion of a
public way for pedestrian use terminating at Goose Lake (DNR ID# 82005900) in the City of
Scandia was received by the City Clerk on the 12th day of April 2023; and,
WHEREAS, the petition requested that the City Council, pursuant to Minnesota Statutes
412.851, vacate a portion of the unopened and unimproved pedestrian easement legally described
as:
The East 20.00 feet of the Northwest Quarter of the Southwest Quarter.
AND
That part of the East 20.00 feet of the Southwest Quarter of the Southwest Quarter
lying North of the South 468.27 feet thereof. All in Section 11, Township 32 North, Range
20 West, Washington County, Minnesota.
WHEREAS, the City Clerk reviewed and examined the signatures on said petition and
determined that such signatures constituted a majority of the landowners abutting upon the portion
of the pedestrian easement proposed to be vacated; and,
WHEREAS, a public hearing to consider the vacation of such street was held on the 18th
day of July 2023, before the City Council at 7:00 p.m., after due published and posted notice had
been given, as well as personal mailed notice to all affected property owners by the City Clerk on
the 15th day of June 2023, and all interested and affected persons were given an opportunity to
voice their concerns and be heard; and,
WHEREAS, the City Council, in its discretion, has determined that the vacation will benefit
the public interest because:
The pedestrian easement has never been opened or improved;
Improvements to this easement area may potentially cause harm to wetland habitats that
are otherwise protected. The easement area proposed for vacation crosses a wetland at its
northern terminus and ends at a wetland bordering Goose Lake;
If a trail was constructed on the easement, its terminus would be at the edge of shoreline
wetlands and not the lakeshore itself, which makes the easement not a practical means for
the public to gain water access without possible detriment to the shoreline and its
vegetation;
Resolution No.: 08-15-23-01
Page 2 of 3
2
Vacating this easement would not hinder the public’s access to Goose Lake as public access
to the waterway remains available from Oldfield Avenue N. on Goose Lake’s western
shore.
All the landowners abutting this portion of the unopened pedestrian easement have
petitioned to vacate this portion of the unopened right-of-way;
The City has no immediate or long-term plans to open or improve the easement reserved
to the public;
Vacation of the easement will permit the property to be used as a tree farm, which
constitutes a low-impact, environmentally friendly use of the property over which the
easement lies;
Use of the property over which the easement lies as a tree farm will create jobs in the City
and provide a resource for the community at large; and,
Due to a lack of practical lake access where a proposed trail would have to meet the
shoreline and the lack of interconnections between the easement and other rights-of-way,
future utilization of this easement would be impossible without the City acquiring
additional land to make a practical connection to the lake shore or to create a through trail
route that would be more conducive for recreation.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA AS FOLLOWS:
That such petition for vacation is hereby GRANTED effective on and conditioned on the
dedicated public easement meant to replace the vacated pedestrian easement taking full legal
effect.
BE IT FUTHER RESOLVED, that effective on and conditioned on the dedicated public
easement meant to replacing the vacated pedestrian easement becoming legally in effect, the
pedestrian easement described as follows is hereby and will be deemed to be automatically
vacated:
The East 20.00 feet of the Northwest Quarter of the Southwest Quarter.
AND
That part of the East 20.00 feet of the Southwest Quarter of the Southwest Quarter
lying North of the South 468.27 feet thereof. All in Section 11, Township 32 North, Range
20 West, Washington County, Minnesota.
BE IT FURTHER RESOLVED, that the Mayor and City Administrator shall sign all
documents necessary in furtherance of this resolution and file notice of the vacation as required by
law.
Resolution No.: 08-15-23-01
Page 3 of 3
3
BE IT FURTHER RESOLVED, that the City Administrator or his designee are further
authorized to execute any and all documents, approved as to form by the City Attorney, to
consummate the above-described vacation.
Passed by the City Council of Scandia, Minnesota, this 15th day of August, 2023.
Mayor Christine Maefsky
Attested:
Kyle Morell, City Administrator
CITY OF SCANDIA
RESOLUTION NO: 08-15-23-02
RESOLUTION DENYING DEDICATION OF EASEMENT
TO THE CITY OF SCANDIA
WHEREAS, James and Peggy Simpson (“Owners”) are property owners of real property
described in Exhibit A;
WHEREAS, the Owners filed a petition vacating a pedestrian easement that provides
access to Goose Lake (DNR ID# 82005900) in the City of Scandia, with petition was received by
the City Clerk on the 12th day of April 2023; and,
WHEREAS the Owners, in furtherance of their petition filed, have offered to dedicate an
easement onto their property, as described as follows:
The North 20 feet of the South 113.50 feet of the West half of the Northwest Quarter of
Section 11, Township 32, Range 20, Washington County, Minnesota
AND
The West 20 feet of the west Half of the Southwest Quarter of said Section 11 lying North
of the South 468.27 feet thereof.
WHEREAS, the City of Scandia has denied the vacation petition and therefore, by
extension, denies this dedication of an easement in trust for the general public, at no cost to the
city from the property owners, and;
NOW, THEREFORE, BE IT RESOLVED, as follows:
Since the Owners’ petition to vacate the pedestrian easement that provides access to Goose
Lake has been denied, the Owners’ offer to dedicate a public easement for access to Goose
Lake is not required and is respectfully rejected.
Passed and Adopted by the City Council of Scandia, Minnesota, this 15th day of August, 2023.
Christine Maefsky, Mayor
ATTEST:
Kyle Morell, City Administrator
Resolution No.: 08-15-23-02
Page 2 of 2
EXHIBIT A
CITY OF SCANDIA
RESOLUTION NO: 08-15-23-02
RESOLUTION ACCEPTING DEDICATION OF EASEMENT
TO THE CITY OF SCANDIA
WHEREAS, James and Peggy Simpson (“Owners”) are property owners of real property
described in Exhibit A; and
WHEREAS, a copy of the quitclaim deed conveying an easement for pedestrian way
purposes, filed and recorded with the Washington County Recorder’s Office, State of Minnesota,
Document No. 3095196, is attached hereto as Exhibit B; and
WHEREAS, the Owners filed a petition requesting the City Council, pursuant to
Minnesota Statute § 412.851, vacate, not the entire easement, but a portion of a recorded pedestrian
trail easement on their property legally described as:
The East 20.00 feet of the Northwest Quarter of the Southwest Quarter.
AND
That part of the East 20.00 feet of the Southwest Quarter of the Southwest Quarter
lying North of the South 468.27 feet thereof. All in Section 11, Township 32 North,
Range 20 West, Washington County, Minnesota.
WHEREAS, a public hearing respecting the easement vacation was duly noticed and held
on the 18th of July 2023 in a meeting of the Scandia City Council; and
WHEREAS, in the petition, Owners represented that, as a condition to vacating the
pedestrian easement, they agreed to replace the easement by dedicating an easement on to their
property to the City of Scandia for public use, described as follows (the “Dedicated Easement”):
The North 20 feet of the South 113.50 feet of the West half of the Northwest Quarter of
Section 11, Township 32, Range 20, Washington County, Minnesota
AND
The West 20 feet of the west Half of the Southwest Quarter of said Section 11 lying North
of the South 468.27 feet thereof.
WHEREAS, the public purpose of the Dedicated Easement is for pedestrian ingress and
egress access to Goose Lake; and
Resolution No.: 08-15-23-02
Page 2 of 3
WHEREAS, it is in the interest of the public to vacate the Pedestrian Easement and to
accept the Dedicated Easement; and
WHEREAS, the public purpose of the Dedicated Easement is for ingress and egress access
to Goose Lake; and
WHEREAS, the City of Scandia accepts the dedication of an easement in trust for the
general public, at no cost to the city from the property owners, and;
WHEREAS, both the vacation of the existing easement and dedication of the new
easement would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, as follows:
1. Contemporaneous to and conditioned on the vacation of the above-identified easement, the
land described above, dedicated and donated for public use purposes as a pedestrian
easement, is accepted.
2. The City Administrator or his designee is authorized to execute any and all documents,
approved as to form by the City Attorney, to consummate the above-described transactions.
3. A Certified Copy of this Resolution may be filed with the office of Washington County
Recorder Office to record and confirm the dedication of the property as herein described.
Passed and Adopted by the City Council of Scandia, Minnesota, this 15th day of August, 2023.
Christine Maefsky, Mayor
ATTEST:
Kyle Morell, City Administrator
Resolution No.: 08-15-23-02
Page 3 of 3
EXHIBIT A
Page 1 of 3
City of Scandia
14727 209 th St. N., Scandia, Minnesota 55073
Phone (651) 433 -2274 | Fax (651) 433 -5112 | www.cityofscandia.com
DATE: Friday, June 17, 2022
FROM: Ken Cammilleri, City Administrator
TO: Honorable Mayor and City Council Members
RE: Goose Lake Pedestrian Way Easement Vacation Request
What is a vacation process?
The vacation process is a statutory process in which a city gives up rights it has over an existing easement
for use by the public. The City Council is afforded wide discretion to abandon or maintain this pedestrian
way and may vacate the area petitioned o r just a portion of it. However, if the Council considers only to
vacate a portion, it should consider the practicalities of maintenance or access.
A vacation in this case means a permanent loss of the city’s interest in the pedestrian way. In order to
reopen or re-establish it as a trail easement, which this interest is NOT, the City would need to follow the
legal procedures set out in statute which offers two options: 1. Negotiate an easement with the abutting
property owners, or 2. Use eminent domain proceedings. Both proceedings would likely require the city
to pay fair market value to acquire it .
Is this a trail or a pedestrian easement or way?
It is important that the City takes appropriate steps not to misrepresent the ownership interest th at is
currently held by the City. Although, some may feel this is just semantics, it can place the City in legal
jeopardy to imply that it has property interests that it does not have right to. The right-of-way in
question is a pedestrian way not a trail way. This implies that its use is strictly for people on foot and
people with ADA assisted devices. Motorized vehicles, and potentially even non-motorized bicycles,
could run afoul of usage rights.
So, if this easement is preserved, its future use can only be as used as pedestrian-only path or
walkway. The City will need to take care that use of the easement is strictly limited to this use to avoid
legal issues.
Is there public benefit to keeping this easement ?
Yes, any public access to natural resources, including this easement, offers a potential for public benefit
to the community. This easement could potentially provide opportunities for walking and observation of
nature such as Goose Lake.
Page 2 of 3
City of Scandia
14727 209 th St. N., Scandia, Minnesota 55073
Phone (651) 433 -2274 | Fax (651) 433 -5112 | www.cityofscandia.com
Is there precedence for the City considering a request like this in the past?
Yes, the City sold park land on the shore of Goose Lake that had had access to the lake in the
Hawkinson Highlands Subdivision on Olinda Lane in February of 2019. The property had steep bluffs
along the shoreline. At the time the City had considered the Oldfield Avenue Boat Launch as the means
to preserve public access to the lake in that area.
Are there any issues with this easement and its current condition ?
Potentially. Simply denying this petition may not be enough to properly preserve this easement, should
this be the intent of the Council. The current potential public benefit is limited as a path is not publicly
accessible and there are outstanding liability issues pe rtaining to unauthorized alterations that will require
the City to have remedied. Given that the site currently hosts an illegally cleared and constructed route
that lacks direct public access and encroaches on lands outside of the easement, it would be important for
the City to install a proper walking path with remedies to prevent misuse and trespass and to restore any
damage to natural resources. This would likely include the construction of board walks through existing
delineated wetlands. This unauthorized route is only accessible through the private property of the
Swenson’s Goose Lake Estates Homeowners’ Association, so the path should be cleared and constructed
from the City Park at Oren Road North to an appropriate point at the shore that is with in the easement
boundaries. Improvement to the trail and park may also develop on-street parking demands in this area,
so considerations should be made to this issue when planning improvements. Also, cooperation with the
landowner will be important for both implementing improvements and carrying out maintenance
activities.
What does the 2040 Comprehensive Plan have to say as it relates to improvement of this
easement?
The 2040 Comprehensive Plan directly references the City’s 2006 Parks, Trails, R ecreation, and Open
Space (Park and Rec.) Plan. Although this easement is expressly mentioned in either of these plans, the
easement and its potentials as a pedestrian path “are complementary to protecting community character
and natural systems” (Sect. VII. Parks and Trails). So, it is reasonable to suggest that preservation of the
easement may be seen as consistent with the Plan .
The Comprehensive Plan also has several other relevant objectives for Parks and Trails (sub. A) that may
be applicable:
Design and locate parks, recreational facilities, trails, and routes, in a manner that best
meets their purpose and the needs of City Residents.”
Evaluate property located in the park and/or recreational facility search areas for
purchase, lease, or easement to augment the existing Park System, if and when it
becomes available.”
Page 3 of 3
City of Scandia
14727 209 th St. N., Scandia, Minnesota 55073
Phone (651) 433 -2274 | Fax (651) 433 -5112 | www.cityofscandia.com
The 2006 Parks and Rec Plan offers other pertinent observations :
Activities such as walking and nature observation provide valued recreational benefits
pg. 4-1).
This trail system plan recommends a general framework for trails, but the Township
should work closely with landowners, developers, and residents when designing and
constructing specific trails. (pg. 4-2).
Both plans also stress the need for interconnected trails and other routes suggesting possible planning for
future route connectivity.
Conversely, given this easement does miss the following objectives :
Lacks interconnectedness with other recreational routes.
Could be located in an area with less environmentally sensitive areas of impacts.
Has limited usage rights preventing the variety of other potential recreational activities .
The easement is not planned, potentially leaving it un -integrated into the landscape.
The route is not part of a designated trail/route corridor identified within 2006 Park and
Rec. Plan.
As a result, these points, it could be suggested that the preservation of the easement could be seen
uncomplimentary to the general intent of each plan as this easement falls short of preferred criteria.
Both interpretations are presented here to clarify established planning documents offer the City Council
with the discretion of proceeding in either direction .
What steps have been taken leading up to this hearing?
In the case of this evening’s consideration, the city received a vacation petition on March 30, 2022, that
the City Council confirmed on April 6, 2022 had sufficiently complied with the statutory requirements.
Specifically, the city confirmed that the petition had been signed by the correct num ber of abutting
property owners. A property owner is considered to “abut,” a street if the property owner’s land is
touching, reaching, joining, bordering on, or contiguous with the right -of-way to be vacated. Please note
that this vacation request only includes a segment of trail on the petitioner's properties. It does not
include the remaining easement within Swenson’s Goose Lake Estates north to Oren Road N .
A notice of the hearing was published two weeks prior to this public hearing. Written notice o f the
hearing was also mailed to each property owner affected by the proposed vacation at least 10 days before
the hearing.
Staff also served notice on the Department of Natural Resources Commissioner more than 15 days prior
to convening this public hearin g. On Friday, June 3, 2022 City Administrator Ken Cammilleri and DNR
representative Nancy Spooner-Mueller, Acquisition and Development Specialist for the Central DNR
Service Region, completed the statutorily required consult required to consider this requ est. Ms.
Spooner-Mueller has provided the agency’s comments in the DNR Correspondence from June 16, 2022,
for your consideration. The agency supports the easement’s preservation .
Tonight’s meeting includes a public hearing, which should also be weighed in the City Council’s
considerations. Following this public hearing, the City Council may consider a resolution of denial or
approval.
Minnesota Department of Natural Resources • Central Region 1200 Warner Road, St. Paul, MN 55106
Office of the Regional Director
DNR Central Region Headquarters
1200 Warner Road
St. Paul, MN 55106
July 14, 2023
Re: Proposed Vacation of Public Access to Goose Lake
Dear Mr. Morell,
Thank you for your letter to Commissioner Strommen regarding this proposed road vacation. Your letter was forwarded to
me for review and comment, as required by M.S. 412.851.
The DNR has reviewed the proposed vacation abutting the public waters Goose Lake and we offer the following
comments:
M.S. 412.851 indicates, “No vacation shall be made unless it appears in the interest of the public to do so.” In response
The commissioner must evaluate:
1) the proposed vacation and the public benefits to do so;
2) the present and potential use of the land for access to public waters; and
3) how the vacation would impact conservation of natural resources.”
Our charge is to evaluate the proposed vacation using M.S. 412.851 criteria. With these criteria in mind, the Department
of Natural Resources (DNR) concludes that the vacation does not indicate a benefit to the public as a whole or protect the
present and potential use of the land for access by the public as a whole to the public water. The reroute of the access
will result in the loss of a public access to Goose Lake. As such, the DNR is opposed to the vacation.
Thank you for the opportunity to comment on the proposed vacation. The DNR does not plan to attend the public hearing.
Please send us the results of the hearing and the city’s final decision on this road vacation.
If you have any questions or concerns about this letter, please contact Nancy Spooner-Mueller, Acquisition and
Development Specialist with DNR Parks & Trails, at nancy.spooner-mueller@state.mn.us. You may contact her by phone
at 651-269-1370. Thank you.
Sincerely,
Grant L. Wilson
Central Region Director
cc: Nancy Spooner-Walsh, Division of Parks and Trails
Rachel Henzen, Division of Parks and Trails
Public Comments for July 18, 2023 Public Hearing to Vacate a
Pedestrian Easement to Goose Lake
May 25, 2023
I am resending my sentiments regarding the walking easement to goose lake for the new hearing
scheduled in June.
I am again wondering why the city continues to entertain an elimination of the easement when the the
city has denied at least two time already.
It makes no sense to continue to waste people’s time .
If you can again share with council it would be greatly appreciated.
Bob Hervig
Sent from Frontier Yahoo Mail for iPhone
Begin forwarded message:
On Tuesday, September 20, 2022, 6:32 AM, Bob Hervig wrote:
I am still against the new petition to eliminate the current walking easment to the lake
am communicating on the up coming
Hearing on September 20 for the 3rd request to eliminate the easement to walk down to goose lake.
My first concern is why this is being considered again when it was voted down last june.
The easement runs through my property.
I look at this easement as a long term benefit to the residents of scandia.
As the cities Density grows this is a valuable resource for residents to enjoy a walk to the lake.
The city is looking at purchasing property to extend trail systems. This is one that city already has an
easement for.
Again I am wondering why this is being reviewed again when the request was made by the same person
last fall . He said he was not going to buy due to the easement but he did anyway.
The city voted 4 to one to keep the easement as is twice
The only change is the property was purchased by the same person who requested to eliminate the
easement.
the reroute of the easement to a boat landing is not the same as a spot on the lake away from cars and
traffic.
there is no way the city should give up lakeshore at this time.
To the the future of the next generations walk to goose lake -
consider it a small mental health retreat )
LOMMEN ABDO
MINNESOTA / WISCONSIN
July 11, 2023
VIA EMAIL
Mayor Christine Maefsky (c.maefsky@ci.scandia.mn.us)
Council Member Steve Kronmiller (s.kronmiller@ci.scandia.mn.us)
Council Member Jerry Cusick (j.cusick@ci.scandia.mn.us)
Council Member Heather Benson (h.benson@ci.scandia.mn.us)
Council Member Michael Lubke (m.lubke@ci.scandia.mn.us)
Scandia City Hall
Scandia, Minnesota 55073
Re: Petition to Vacate and Relocate Trail Easement Submitted by Mr. and Mrs. Simpson
Dear Mayor and Council Members:
My wife, Kim, and I write to oppose the latest petition submitted by Mr. and
Mrs. James and Peggy Simpson to vacate and relocate a trail easement from a section of
dedicated trail that runs from our neighborhood on Olgilvie Avenue North to Goose
Lake. My wife and I are residents living at 22732 Ogilvie Avenue North.
The Simpsons or their surrogates have brought multiple petitions to this Council
asking for essentially the same relief: Removing public access to the trail that runs from
our neighborhood to Goose Lake. This trail was dedicated at the time our
neighborhood was platted by the developer, Mr. Bruce Swanson. The first Petition,
submitted by Mr. Swenson, was heard on October 19, 2021, and was denied by a
Council vote of 4 to 1 against the application. The second Petition making basically the
same request was heard in June 2022 and denied by a Council vote of 4 to 1 against.
Now the Simpsons, without any real change in circumstances, are asking the
Council to vacate the trail easement leading to Goose Lake and to substitute a quite
inferior alternate route which ends at a parking lot and not on the lake. The Council
Marc A. Johannsen marc@lonmien.com Suite 1000 lommen.com
Attorney at Law tel 612.336.9302 920 Second Avenue South 800.752.4297
Locomen Abdo, P.A. fax 612.436.1396 Minneapolis, MN 55402
LOMMEN ABDO, P.A.
Hon. Mayor and Council
City of Scandia
July 11, 2023
Page 2
should follow their prior decisions and deny this third (and hopefully final) Petition for
a number of reasons.
First, the Simpsons have acted illegally and in bad faith by grading the trail
without legal permission, attempting to stop public access to a public right of way, and
creating a trip hazard that could injure the public. See attached photographs A to J and
Q, which show the cut electrified barbed wire perimeter fence fastened to a tree across
the path so as to block further access to the easement. This fence across the trail was
not open and obvious and posed a threat to the safety of anyone using the trail. This
created a public nuisance that must be abated. Moreover, by bulldozing and removing
much of the natural plant and grass -covered beauty of the path, the Simpsons have
made the path look like an ugly dirt -strewn construction site. The Simpsons should be
ordered to restore the trail easement to the condition it was in prior to their illegal
grading and moving the barb wire fence across the trail.
Ironically, the Simpsons have argued in the past that the mowing of the path by
residents is not permissible. Therefore, based upon this standard, what the Simpsons
have done is far more egregious than lawn mowing and should not be tolerated by the
City. This misconduct alone should serve as a basis for summarily voting against the
Petition. Misconduct should not be rewarded.
Second, by asking to vacate and relocate the easement, the Simpsons are trying to
conduct a bait and switch operation and change the promises and contractual
obligations made by Mr. Swenson that was dedicated to the City of Scandia for the
benefit of all residents. A deal is a deal and should not be changed.
As the Council will recall, Mr. Swenson dedicated the trail to the city when the
city approved the plat for our neighborhood. Mr. Swenson marketed the trail from our
neighborhood to Goose Lake as an amenity. In other words, the residents purchased
LOMMEN ABDO, P.A.
Hon. Mayor and Council
City of Scandia
July 11, 2023
Page 3
the land with the advertised promise of a dedicated trail when the lots were sold in the
Olgilvie Avenue North neighborhood.
Mr. Swenson, in turn, sold the land to the Simpsons with their full knowledge
that the trail ran between the two adjacent parcels of land purchased by the Simpsons.
Indeed, the Simpsons purchased the Swenson parcel AFTER the Council denied the
first Petition to vacate the trail easement. Thus, the Simpsons purchased the land with
full knowledge of the easement and their continuing obligation to allow public access
on the dedicated trail.
Third, the dedicated trail easement should not be vacated or changed because
there is no legal requirement that this Council do so. The public interest in having
public access to walking trails and to have public access to Goose Lake far outweighs
the individual financial interests of a landowner couple. There is no hardship that
would require vacation or modification of the dedicated trail easement.
Fourth, the Simpsons can have a tree farm on their property without vacating or
modifying the trail easement. They can plant trees parallel to the path easement, as the
Council has agreed during the last two official denials to vacate. Further, a pedestrian
friendly deer proof gate can be installed to allow easy access across the path for farm
implements to move back and forth between the parcels. Furthermore, the land can be
used for a wide variety of permitted uses that does not require the vacation or
modification of the dedicated trail easement. The Simpsons are "manufacturing' a
proposed hardship that does not exist on the land. The Simpsons' land is useable as is.
Fifth, a naturally beautiful public trail easement leading directly to Goose Lake is
for the benefit of the community as a whole and has been an amenity to our
neighborhood that would be lost if the Council grants the relocation request. (The fact
that the trail is sometimes impassable due to standing water is not a basis to remove the
LOMMEN ABDO, P.A.
Hon. Mayor and Council
City of Scandia
July 11, 2023
Page 4
trail from public access. No trail in the state can avoid periods of impassability due to
weather related concerns.)
This trail allows City residents to safely walk in nature through farmland, woods
and fields with the ultimate destination of the beautiful views of Goose Lake. It is one
of only two public accesses to the lake and the only one that is exclusively pedestrian.
The easement is in the best interest of the community by providing active walking
opportunities in our area. We have no other pretty trails or sidewalks to allow us to
safely walk in our neighborhood. The residents enjoy this path and it would be a great
loss to all of us to lose it. Attached Exhibits K through P show the segment of the trail
that would be lost if the Council grants this request.
Reducing the number of access points to the Lake does not serve the best interest
of the residents of Scandia in general or our neighborhood in specific. Hundreds of
Scandia residents signed a petition in the last year or so opposing vacating the lake
access. If the relocation of the trail is granted, a second access point to Goose Lake will
be lost to the public forever and we will be left with a far inferior trail for the benefit of
the public.
Sixth, the Simpsons owning a business and earning money from it does not
outweigh the benefits to the community and the right to have public access to Goose
Lake. Removing direct public lake access for the benefit of two private citizens - for
their own personal gain - is improper. The Simpsons can conduct business without
relocation of the easement.
Seventh, the alternate route not only removes the beautiful public access to
Goose Lake, but would also provide an inferior and less safe experience for residents.
The alternate route leads to and ends at a road with no safety concerns addressed. It is
directing people to walk on the road when the current trail keeps walkers away from
the road. The new alternate proposed trail alignment is an inferior path lacking both
LOMMEN ABDO, P.A.
Hon. Mayor and Council
City of Scandia
July 11, 2023
Page 5
natural beauty and direct lake access, which the Simpsons are trying to force upon our
neighborhood as a poor substitute for our existing dedicated trail easement. Each
property, when first marketed for sale, advertised direct access to Goose Lake via this
dedicated trail easement.
Finally, the proposed trail goes through the same wetland for a longer distance
than the current trail. The DNR did not support the vacation of the easement the last
two times. This fact will make DNR approval of the proposed alternate easement path
much more unlikely.
For all of the foregoing reasons, the City should protect the residents and deny
the petition to vacate and/or relocate the easement.
Thank you for your consideration of our concerns.
Sincerely,
I
Marc A.Jo se
MAJ/kkj
CC: Kyle Morell, City Administrator
Mr. and Mrs. James and Peggy Simpson
Olgilvie Avenue North Homeowner's Association
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Kyle Morell
From:Mike Lubke
Sent:Tuesday, July 11, 2023 2:23 PM
To:Kyle Morell
Subject:Fwd: Vacation of Public Way to Goose Lake
For the record
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: Kenneth Holtgreve <
Sent: Tuesday, July 11, 2023 10:31:02 AM
To: Mike Lubke <m.lubke@ci.scandia.mn.us>
Subject: Vacation of Public Way to Goose Lake
Mike Lubke
I am sending this email to ask you Not to vote in favor of giving up the public access to Goose Lake. This is the 3rd or 4th
attempt to vacate this easement for his personal gain.
Again please vote against vacating this public easement to Goose Lake.
Thanks
Kenny Holtgreve
22739 Olgilvie Ave N
Scandia MN 55073
Sent from my iPhone
RECEIVED
JUN 16 ?6?3
Dear Scandia Mayor Christine Maefsky CITY of scANoia
I oppose the proposed changes in the Goose Lake Egress presently before the
City Council for the following reasons:
The Public has a right to use Goose Lake. Reducing the number of access
points to the Lake is not in the Public's best interest. Hundreds of Scandia
residents signed a petition last year opposing vacating the lake access.
It is improper to trade a public lake access to a private citizen for their personal
gain. The Petition amounts to a request for a government subsidy. A 2nd access
point to Goose Lake will be lost to the Public forever.
It is financially irresponsible to trade 20 feet of lake access for 20 feet of farm
land ending on a road, hundreds of feet from the Lake. Safety concerns will be
created with cars and people sharing the roadway/trail. A trail that leads directly
to my Christmas trees may create a hardship on my Christmas trees farm.
The estimated cost of improving the present egress was $50,000. Where will
the City get the money to improve and maintain the longer trail?
The proposed trail goes thru the same wetland for a longer distance. It is
presently impassable. Will the DNR allow a new trail thru wetlands?
The Goose Lake Egress is "pedestrian only". It may look like a good on paper to
hook up to the bike trail, but who is going to pay the cost of improving and
maintaining a bike trail thru a wetland?
According to Mr. Simeon's previous statements, the proposed trail will have ugly
fencing along most of the perimeter. Mr. Simpson instead, could install a
pedestrian friendly deer proof gate so that the Public may continue to have a
2nd access point to Goose Lake.
The present Egress is being used and costs nothing to leave as is. The
proposed trail will be a financial burden to the City. Where will the money come
from to upgrade and maintain this new trail?
Respectfully
Tom Newell, adjacent property owner.
RECEIVED
J U L 8 OZ2 31
CITY OF SCANDIA
Poam
1
Kyle Morell
From:Jim Simpson <
Sent:Wednesday, July 12, 2023 6:04 AM
To:Kyle Morell
Cc:Mike Lubke; Heather Benson
Subject:Barbed Wire
Hi Kyle -
Thanks for your call yesterday re barbed wire on the easement.
An hour after your call, council members Mike and Heather were nice enough to accept my invention to visit our tree
farm to see our operation and discuss the easement relocation petition. Together we discovered 2 fence wires placed
about !8" off the ground across the easement, they were clearly placed by hand - no posts etc involved. I did not put
them there. In fact the location was on the north end of a 800’ section of the easement I spent a week cleaning up
recently which included ripping out at least a mile of multi-stand very old barbed wire from the abandon cattle walk the
easement runs within. Immediately after Mike and Heather left I took the attached photo and then removed the wires.
I will be placing a high resolution camera directly in that area today to monitor any John Q Pubic misconduct in the
future.
Jim Simpson
Max Tree Farm
Jim Simpson
maxtreefarm.com
2
Staff Report
Date of Meeting: August 2, 2023
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Simpson Petition to Vacate Public Easement
Background:
Council held a public hearing for the vacation of an easement through Mr. Simpson’s property
at their July 18 meeting. Council heard Mr. Simpson detail the proposed vacation and
dedication of a new easement and ten public comments. After a brief discussion, Council voted
to vacate the existing easement. That vote failed by a 4-1 margin. Councilmember Lubke had
questions about the viability of the proposed new easement, specifically with the wetland
crossing along the north side of the new easement. There was also discussion about the
property owned by the City north of the Goose Lake public landing and whether that could
serve as a public water access. A motion was made to table the discussion until the August 15
meeting while additional information was gathered.
Discussion:
Councilmembers Cusick, Lubke, Public Works Director Fischer, and I met with Mr. Simpson at
this property on Thursday, July 20, 2023, to discuss his petition to vacate the current easement
and dedicate a new one. We walked the existing easement from Mr. Simpson’s barn to the
north corner of the property. We were shown the areas where Mr. Simpson had removed
barbed wire to clear the easement along his tree farm and the sections of the easement north
of his tree plantings where the easement has not been cleared, where the easement is
currently a path through the woods lined with old barbed wire. We were shown where the
easement had been mowed by someone other than Mr. Simpson.
Once we reached the north property line, where the easement enters Mr. Simpson’s property,
we walked West along the route of the proposed new easement. We were able to traverse the
wetland that runs diagonally through the proposed easement and continued until we reached
St. Sauver’s property. Turning South, we walked along the property line, passing by the
Conservation Easement and onto Bruce Swenson’s property. The City-owned property north of
the public landing is used by Public Works to provide aeration to Goose Lake when the DNR
requires it. The property is dry, although it is considered wetland. Public Works Director
Fischer contacted the Watershed and the Conservation District about improving and
maintaining the area. They, in turn, brought the DNR into the discussion. According to the
Conservation District, mowing wetlands is not regulated under the Wetland Conservation Act.
Mowing below the ordinary high-water level is allowed, but vegetation cannot be removed.
We are waiting for the DNR’s response.
Councilmember Lubke offered his thoughts on the visit, which are included below.
Recommendation:
No action on this item is required at this time. This information is provided for your review and
consideration. The vote to accept or deny the easement vacation was tabled until August 15.
Attachments:
Mike Lubke Email dated 07/21/203
From:Mike Lubke
To:Kyle Morell
Subject:Observations and Report for Simpson Easement Relocation
Date:Friday, July 21, 2023 3:11:27 PM
Simpson Farm Visit
Good Afternoon,
Yesterday, July 20th, I went out with Jerry, Charlie and Kyle to further investigate the
proposed vacation and reroute of the existing trail. Jim walked us from the barn up to where
the proposed rerouted trail starts and along the entire trail to the boat landing.
Some items to note:
1) The wetland where the east where the proposed trail runs was dry similar to the wetland the
trail runs along now. There was a couple foot wide drainage ditch that was easy to cross over
bone dry)
2) The proposed trail runs through some thick woods toward the end that would need to be
addressed for passability. It's not significantly different than the current trail for a small stretch
near the current barn
3) There is a driveway for tree hauling vehicles planned off of Olfield Ave at some point.
Having these trucks run regularly where the proposed trail also runs may be a safety hazard
4) There is no signage or way to identify whether one is on the trail other than some old cattle
fencing and stakes from Jim's survey
5) The area in the wetland on the current trail on Jim's property had been illegally mowed
6) There is barb wire on either side of the current easement in some places that could be a
safety hazard
7) The trail from Oren to the development outlot was unmowed, but mostly passable on foot.
Some woods and 1 fallen tree, but no shed in the way)
Thanks,
Mike