7.b DRAFT Resolution Denying vacation of the Goose Lake Easement (1)
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RESOLUTION NO. 2021-47
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 11th day of August, 2021; 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 16th day of
November 2021, before the City Council in person and virtually, pursuant to Minnesota Statutes
Section 13D.021, consistent with the City’s protocol for public hearings during the COVID-19
pandemic, 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 1st and 20th days of
October, 2021, 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 because:
• 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 not just the current use of the pedestrian easement, but
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 only the
Petitioners rather than the community at large;
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• The Petitioners have not established that vacation of the pedestrian easement is required
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 which 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 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, 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 received by the City on August 11, 2021, is
DENIED.
Passed by the City Council of Scandia, Minnesota this 16th day of November, 2021.
__________________________
Mayor Christine Maefsky
Attested:
_____________________________
Ken Cammilleri, City Administrator