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HomeMy WebLinkAbout9A - Lake Access/Shady Beach 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: March 6, 2006 9A Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A REPORT REGARDING THE SHADY BEACH ACCESS DISCUSSION: Introduction The purpose of this agenda item is to provide the City Council with a report regarding this property and a recommendation that the Lake Advisory Committee solicit public input and prepare a report for Council consideration. Historv Brian Lompart and Roger Kamin attended the January 17, 2006, City Council forum (see attached minutes and text of Mr. Kamin's comments). At the forum, they discussed the incident involving vehicles that broke through the ice and were towed across their property. Both were concerned about this incident; but, more importantly, both felt that the Shady Beach access has been a source of noise, refuse and problems for the adjacent neighborhood. Current Circumstances Since the January 17, 2006, City Council meeting, I have had the opportunity to meet with both Mr. Lompart and Mr. Kamin. Both are very concerned that the City does something to address the issues associated with this access. Attached for Council information are pictures of this access area. In my conversation with Mr. Kamin, he offered me pictures (attached) which show the parking problem which occurs each year until the ice is thick enough for people to safely park by their fish houses. He identifies as a second problem, noise emanating from vehicles either entering or leaving the lake after 10 p.m. and before 7 a.m. Enclosed are police reports of incidents in our records for 2003 through 2005. As you can see, there were 15 calls for service in 2005. Most of the calls relate to vehicle parking and trespass. I have also received two telephone calls from individuals who have different views on the access. Suffice it to say, people have different opinions on this access. Some history may help the City Council to appreciate today's circumstances better. The earliest reference to this access in our files is 1989 (although Ralph Teschner tells me he rented a house close to this access in 1978 and there were issues then). In a memo dated May 15, 1989, City Manager Dave Unmacht indicates that in 1988 a councilmember apprised the City that "Beach Lane has often been mistaken as a public access in discussions, newspaper www.cityofpriorlake.com f>fi6rle\%~.447A~8(}) j:;Fax 952.447.4245 articles and in general conversation." He goes on to say that, "It is important to point out that Beach Lane is not a public access. It is a municipal street which has provided, over the years, access to the lake to neighbors and other residents." At the time of that report, the then Council had closed the road because of, "health and safety concerns." These concerns were associated with the ice- fishing season including litter, trespass, and disturbance of the peace. At the same time, the Council and staff acknowledged that, "many individuals and neighbors requested that the access to the lake remain open and that closure was not an appropriate City Council action." That report concludes that a task force was formed including neighbors, and an agreement was reached encouraging Sand Point Beach improvement for access and egress to the lake; and that there was no support for complete and permanent closure of this access or roadway. The task force discussed other alternatives including vacation of the property for the purpose of deeding it to a homeowners association. Yet another alternative considered was keeping the property open during non-ice periods and closed during the ice-fishing season. In approximately 1994, and again in 1998, similar concerns were articulated, task forces created, solutions developed and implemented. Then, in 1998, the Sportsman's Club took legal action against the City of Prior Lake on the basis they had an easement over the property which rendered the City's attempts to regulate the easement a violation of the club's property rights. This case was finally decided by the Court of Appeals in favor of the City with the Court finding that the Sportsman's Club had no standing to bring legal action, as they do not have an easement over the property. The court did not render an opinion regarding the City's ability to regulate the property. Conclusion For almost thirty years, the Beach Street or Shady Beach access has been a periodic source of concern to the neighborhood, community-at-Iarge, and City. ISSUES: After thirty years of attempting to regulate the Shady Beach access, it is safe to conclude that there have been no perfect or universally supported solutions. Previous Councils have attempted to weigh lake access rights and the rights of the neighbors. This is the crux of the public policy issue. In 1994, the City's Lake Advisory Committee completed a study of the lake accesses. They reviewed nineteen accesses, visited the sites and conducted public meetings to garner public input regarding whether the site should continue to provide access and under what conditions. They provided the City Council with a written report, which the council ultimately used to formalize certain accesses and vacate others. In the past year, the City staff and Parks Advisory Committee have been considering recommending winter ice-fishing access restrictions at Sand Point Park. Any decisions on Shady Beach will affect Sand Point and vice-versa. Given this fact, together with the high public interest on this topic by neighbors, the general public and fisherpersons, the issues should be considered together with ample opportunity for public input. The Lake Advisory Committee together with one or more Parks Advisory Committee members could be asked to do the following: 1. Become familiar with the history and current circumstances with both accesses and others as deemed appropriate. 2. Investigate what other cities do to regulate and enforce access issues. 3. Schedule and conduct one or more public meetings to receive input on: a. To what extent, if any, is either needed for lake access. b. When are they needed and for what purpose. c. Identify the problems associated with the accesses. d. Identify potential options/solutions. 4. Synthesize the above information and prepare a written report with recommendations for Council consideration. These actions could be completed by early this fall so that whatever the City Council approves can be implemented by November this year. The committee would, of course, be given assistance from the staff in research, scheduling, report writing and any other administrative support they may need. FINANCIAL IMPACT: Staff time will be required to do research, arrange public meetings, attend the meetings and facilitate report preparation. Since the committees are volunteer, costs will be modest. ALTERNATIVES: 1. Direct the staff together with the committee identified above to research, conduct public meetings and make recommendations to the Council as outlined in this staff report. 2. Take no action at this time and request additional information from the City staff. RECOMMENDED MOTION: Alternative #1. Reviewed by: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes January 17, 2006 Draft REGULAR COUNCIL MEETING MINUTES January 17, 2006 CALL TO ORDER: Present were Mayor Haugen, Councilmembers Dombush, Erickson, LeMair and Millar, City Manager Boyles, City Attor- ney Pace, Public Works Director/City Engineer Albrecht, Assistant Engineer Poppler, Street and Utilities Supervisor El- dred, Planning Director Kansier, Finance Director Teschner, Assistant to the City Manager Meyer, Communications Co- ordinator Oster and Administrative Assistant Green. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. Boyles: Reviewed the concept of the Public Forum. Brian Lompart, 14223 Shady Beach Trail, read his prepared statement regarding removal of vehicles that went through the ice on December 26, 2005. Stated that removal of vehicles involved trespassing across his property. Believes po- lice gave permission even though he did not give approval and questioned whether that was legal. Related that there have been other incidents in the past where his property was trespassed upon and that there are ongoing problems with noise during late hours. Acknowledged that Shady Beach is a public park and believes the City has control over Shady Beach access. States that police do not enforce the parking or park closing times, and that the gates are not closed after 10 p.m. because it would prevent emergency vehicles from entering the lake in an emergency. Believes the public access is adversely affecting private property owners and asked that the either access be closed during the winter or that the access be tumed over to adjacent landowners. Believes the Sand Point Beach access could be used for emergency access. Haugen: Asked City Attomey to respond to the query about taking a vehicle across private property. Pace: The City does not enforce trespassing on private property. It is illegal to trespass on the property of another; however, it is a matter between private property owners. Lompart: Stated the tow truck driver was given permission to go across the property by police officers and asked if that was legal. Pace: Responded that police and fire have responsibility to protect people and property in emergency circumstances. Whether or not this is a case where they could do so would have to be researched. Millar: Asked if damage was done to any of the properties. Lompart: Replied that minor damage was done to his property and another neighbor had boulders moved: and it ap- pears that t is now up to them to find someone who will pay for that. Erickson: Clarified the statement that it is a quarter mile from another entrance. Stated that he was advised that there is a problem in getting to that area of the lake. Lompart: Stated he was informed that the reason for keeping this access open is to allow emergency vehicles better access to the lake. Erickson: Asked whether closing this access would eliminate an area of the lake for people to use. Lompart: Replied that Sand Point Beach could be used. Erickson: Asked if there would be any hindrance if the gate was closed at 10 p.m. Haugen: Recommended that staff analyze policing activities, parking issues, impact on the public if closed, and the current impact of the nuisance of noise, etc. Requested staff to advise Lompart when it will be on the agenda. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes January 17, 2006 Draft Millar: Asked for clarification of noise problems on the lake. Lompart: Stated that the access is treated as a public park that closes at 10 p.m. Noise comes from people using the access to leave the lake and police do not have resources to be there every night and shut it down. Roger Kamin, 14253 Shady Beach Trail, states that his house is next to the Shady Beach access road. Read a pre- pared statement which included a proposition to turn control of the access over to the neighborhood or to shut it down, at least during the winter. Noted that trespassing occurs by people driving, walking, sitting on shorelines, and leaving trash. Damage has been caused to docks and lifts. Sandee Wright, 14300 Timothy Avenue, made comments regarding her presentation at the December 19 meeting and stated she is still requesting information about the personal, business and family relationships of the Council with mem- bers of SMSC; as well as copies of documentation the Council used to arrive at the decision to support SMSC's request to place land into trust. Stated that she has established a Website where she will document her evaluation of the infor- mation and the decision process and that the Website will kick off a concerned citizen petition drive. She presented a petition to the Council signed by herself that stated, " We the undersigned are concerned citizens who urge our City Council to enact policy opposing the addition of Prior Lake land to the SMSC land trust." Wright asked the Council if they adhere to the opinion expressed by Fleming in his letter to the editor. Apologized for comments at the December 19 meeting that appeared to question the integrity of the Council members and stated that she was only asking for dis- closure. Displayed an advertising insert that was placed in the Prior Lake American and asked if anyone thought it was action against Commissioner Marschall for having stood against the land trust application. Asked for a future agenda item to reconsider the decision to support the SMSC fee to trust application. Pace: Stated that she understands Wright to have said that some people do not understand the Council's basis for why they made the decision and what information they had. Noted that courts base the reasonableness of a decision on the facts that an elected official had when they made the decision, and that courts apply a "reasonableness standard" in reviewing matters such as this and it is unlikely that a court would not substitute its judgment for that of elected officials assuming the City Council had a rational basis to support their decision. Also stated that she understands Wright to have said that people are angry about the letter to the editor and noted that Fleming had expressed his personal views, which is his right. Explained that a disqualifying conflict of interest is defined by statute and case law and involves standing to gain a direct, pecuniary interest by the outcome of the decision on a matter pending before the Council. Stated that in her opinion, the disclosure that the Council is being asked to make is inappropriate. Wright: Stated that she was asking for information: what the bylaws say about conflict of interest; and the data that was used for economic analysis. Pace: Replied that the analysis was done with three jurisdictions in conjunction and is available as public data. Wright: Stated she would like to see the November 2 letter that was responded to on December 5 and the economic analysis that was done. Asked if there is any guidance in the bylaws about economic conflict of interest. Pace: Read from section 1300 of bylaws regarding the code of ethics and conduct. Noted that it is mandated by stat- ute. Wright: Asked that the bylaws be made available on the City Website. Pace: Noted that Prior Lake is a statutory city and not everything we are required to do is stated in the bylaws, but is also defined by statute and case law. Haugen: Advised Wright that if further information is desired, she should contact the City Manager. APPROVAL OF AGENDA: MOTION BY ERICKSON, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair, and Millar. The motion carried. APPROVAL OF MEETING MINUTES 2 .," ",--_~~___________..~____ C"__'_"'___".~.,._~_......,_~~__~.__,_.__,._~_,_____.,_~_.,....,._,~<~_ '_"'.'.'__"___.....___ PRESENTATION AT THE PRIOR LAKE CITY COUNCIL MEETING OF 1-17-06 Good evening, my name is Roger Kamin. I live at 14253 Shady Beach Trail N.E. My house is right next to the access road that Brian Lompart discussed. This access road is considered to be a City Park, but it is surrounded by homes and it cannot and should not function as a public park. It should function as a private road for the enjoyment of the neighborhood much the same as other small access roads to the lake. My neighbors and I are disgusted with the way the City is NOT controlling this access road. It is lowering the values of our properties and we should have our tax assessed values lowered if this continues. I urge you to solve this long standing problem of this access road by turning the control over to the neighborhood. Most of the problem with the access road comes in the winter when there is ice on the Lake. The City solved some of the problems the rest of the year by restricting parking so that no trailers are allowed on any streets. This means that most of the use of the access road is for our neighbors who park their trailers on their own property. The real problem comes in the winter when you have ice fisherman from outside of the neighborhood who have no regard for our neighborhood or our property. They disturb the peace with their loud trucks and A TV s well into the late hours of the night. They often are driving off of the lake after the 10 pm closing time of the road after a day and night of drinking and fishing. We have pictures where they even drive across our properties. Trespassing occurs every year in various forms from driving or walking across our properties to sitting on our landscaped shorelines, and leaving trash all over. When the water levels are low exposing more shoreline, they park their cars on our shoreline causing rots, knocking down small rocks, etc. My neighbors have complained about the damage done to their docks and lifts near the shoreline. I have pictures if anyone would like to see them.. The City Police do not issue tickets for any of these violations. I have called the police a number of times and have found that they do nothing. They say they cannot afford to monitor that road. They give out warnings at times to no avail. This latest event with the six cars falling through the ice is just another example. Brian Lompart's property and his neighbors were trespassed upon to pull these vehicles off of the lake. At that time the City Police spent many man hours at the site of the access road yet no citations were issued. One vehicle owner ordered a large tow truck to pull his car out well after 10 pm which disturbed our neighborhood. There were no police to be seen. Since the City does not really want to manage this access road, I urge you to turn control of the road over to the neighborhood. I ask you to consider who you are accountable to, the taxpayers of Prior Lake, or the fisherman who come from miles around to use the lake. The fisherman should use the public boat landings where parking is available and not use this small neighborhood access road that causes disturbances in the neighborhood which the Police cannot control. I urge you to do what is right for your taxpayers. SHADY BEACH ACCESS SHADY BEACH ACCESS SHADY BEACH ACCESS SHADY BEACH ACCESS ., ! v- I .;.,> ! 2005 414 Car parked in driveway, two men went onto lake, private property tow 4246 Two vehicles parked against traffic 4271 Several parking citations issued on Shady Beach and Birchwood 4767 Vehicles without trailers parked - all OK 4850 Several parking citations - near launch site @ Shady Beach and Birchwood 5010 Three vehicles in no parking zone @ Shady Beach and Birchwood 5075 Three vehicles in no parking zone @ Shady Beach and Birchwood 5490 Vehicle with trailer 5501 Same as above call 8857 Vehicle through the ice in 10-12" of water 9162 Fisherman urinating in public 9275 Assist Scott County - vehicle through ice on 12/26/05 9280 Vandalism - all OK, had landowners permission 9287 Trespass report on other's property - related to 9275 9414 Four adults walking on access after 10 - advised 2004 None 2003 622 Exhibition (reckless) driving on nlake 9843 Vehicle with trailer parked e"lp~.,L..k.sued 0".' Shady/Beach J'.~~.j~i~.$SbY;IiRQrt$man'.~'uJ.i' .. which should be fem(}ved. . , After review, 'Prior Lake..City . . The club also alleges . that the Attorney ~uesan.:pace~tl the 'ease- current city council haS no'legal ment is not valid and that the)City "The'PriorL~keSportsmeIl's authority to establish a fee for club has rellponsibilityovertq.e a~ss. Club hasfIledala'wsuit in District members or the public to use the A task force was'formed,toar- Court io prevent the 'city of Prior. clu'b'seaseinentinQrde'r to gain rive at a consehsus.,on the acCess " Lakefrom'maintaininga gate, re- access to Prior. Lake. Borchardt issues. Members included PI-ior stricting,accessandcharging for said, "This easement ,was pur- Lake City Courtci1mEiA Jim :pet~rs- useoftheShady Beach Access. " , chased by the club so that the pp,.'b- en; PriorLak~, Policequef :Bill Thepopularl~eaccess,locat-lic woUld have a safeaild con:ve-O'Rdurke;To'mK~arney'of,1~he ed in a residential neighborhood on nientwinter aCcess tothe northeIld Lake Advisory C~)JJl,:mitte~;Dave ,Lower Prior Lakej has 'bee,n a~ ofPriorlJMe)Theideaofcharging SmitharidlJohn'Bradley,whoaive source. ofc,ontroversybetween the I? a ~fee't6'>anve~'bve'f"'the:road ,is''like c iii~t~e'~cce.ss, afea;aAd WOIll,Miore cityllIidtheSportsmen'sClubj'who')\ c1ilttgihgatollandisrtotac'ceptable ,. oftheSportsme~'s Cll.!b., ,'. ,'~! . claim'they:have an easement tothe to the mem'bers of the Sportsmen's 'The cityco~ncil adoptedtfhe 'Iari~.;:};~<,"".:i:,<':'~,:r';. " , . , Club. Our agreement of 1989 was task force's recommendation!! in ,;,W~:vehadaIJagreementW1th the'resultdfalot.ofeffortbyclub July:', ..,. ,," the City and the crirrentcouncil has representative members, the neigh- . The access would be open from ignored:,thewhole','deal," said borhood and city'govei:nment. We q a;m.to lOp-:m- 4aily,year-round. 'Sp()rtSmen's Club spokesman DaIJ , dOn-It believe the curreIlt city coun- . A :manualgate would be used to ,Borchar4t~r. He's i'eferripg toan - cll hasthe right toIIlake the chang- close the access offbetw~n to p.m. Oct. 2, 1989 agreement the city . es theyhave." .', .', and 6 p.IIl., Oe(:.15 through Feb. couricllsigD.edas'binding~n both , LastDec~fubeithefuture (}fthe28_, . "',"...., .,."..',.\;',.'~\i; '...": ....(?~, the council and the club. The agree- . Shady Beach access became ques- ., All accessj.ls~fs;JViththe ~xcep- . ment provided for public use of the tioriable when residents ill the area tion, 'ofpeC3,es!ria,h',tr~ffic,.:inust easement, during 'the winter near the access came to'the Prior have apenmtVisible'in,th~irve- months with ,limited restrictions. , Lake CityCoimciltpIllplaining of hicleor'oIl,theirpers9,riinth.~case The, suit states that the <:ityof trash being left by those- using the Of asnownihbile,:rA"Iriaximum-af PlJorLake acted in yjolationofthis' ac::cessa~allho\lrs,speedingand 500Perri:rits~o1ild):!e~i,ss\le,d"each agr~emerit .when,thecity installed / accessusersPa.rking ~Ildi!!crimi- yearpn'A fir~t-,~<oJrie,~fi,rllt:-s,erve agate attheeaSeID.entjcons~itut- nately. ..... ,,<' , '. . ,',,' ,,' " ' '.'," basis atawst:of$15 for,cityresi- ing ail invasion and trespassuponResid~ntsbegan reviewing the <ients and $20forrion~r~sjd~nts. the property rights of the club. It validityofthe'Sportsmen'sGlub's ',At thaftiriu~couIlcil m~,Dlbers further states that this gateconsti- claim to' theeasementafter it waS commended the work of the.task tutes an obstruction of right-of-way learned the club was looking to wid- force ciilling it a'tille example of used by.members of the ,club and, enthe narrow strip of land which various parties cOm.Utgtogether to public and is therefore a "nuisance" is no ~4erll!an EJ. s~ngle driveway. . s(}rt outa solut~on. ny.:~e ':t\~!' '~Qltl:,ltz CO~ESP,ol'ljjE1'lT' ..,,'