Loading...
HomeMy WebLinkAbout9A - Pkg. by Fishing Pier & Shady Beach Access AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 9A FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF REPORT PROVIDING FOLLOW-UP ON 1.) ON STREET/OFF STREET PARKING FOR FISHERPERSONS NEAR CSAH 21 FISHING PIER AND 2.) ALTERNATE ACCESS IN LIEU OF SHADY BEACH APRIL 6, 1998 At the March 2, 1998 City Council Meeting, the Council directed staff to provide a report on the following two issues: 1.) on street I off street parking for fisherpersons near CSAH 21 fishing pier (Dir. # 98-18); and 2.) alternate access in lieu of Shady Beach (Dir. #98-19). The first issue involves an item that should be addressed as soon as possible due to the arrival of Spring and the beginning of fishing season. The second issue is not as pressing, however, it still should be dealt with in a timely manner so that residents and lake users are aware of lake access points for the next ice fishing season. Both of these issues revolve around access to Prior Lake. Issues such as these involve numerous stakeholders that have considerably different opinions on the way these issues should be resolved. The idea of balancing each of the different opinions may be desirable, but, not always attainable. ISSUE #1 In 1996 the Council authorized the installation of the fishing pier as part of the development of Grainwood Crossing Park and to improve anglers safety around the Wagon Bridge. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER On June 2, 1997, as a result of a petition from area residents, the City Council voted to install no parking signs on Eagle Creek Avenue, which is the frontage road to CSAH 21. (See attached minutes). This was the street used by anglers to park their cars while they fished in the Wagon Bridge area. This decision satisfied the concerns of the neighbors, but left other Prior Lake residents with few alternative where to park if they wanted to fish by the bridge or on the D.N.R. pier. At this same meeting, the Council directed staff to look into a possible solution to provide parking in this area. The staff has reviewed the following alternatives: 1. Remove the no parking signs on West Avenue on the East side of the street adjacent to Lakefront Park. As a courtesy to the residents in this area we could also post No Trespassing/Private Property signs at strategic points along the route to the Lake. As a courtesy to the anglers we could post directional signs to the Wagon Bridge area. This would provide 12 parking spaces. 2. Purchase property and build a parking lot. The acquisition of property and improvement of a 15 car parking lot is estimated to cost $75,000.00 and $100,000.00. The property along West Avenue South of CSAH 21 was for sale. The Minnesota Department of Natural Resources does not have funding available to purchase this property. The City does not have funds earmarked for this purpose. 3. Do nothing and encourage people to park on West Avenue south of Highway 21. This is where we are telling people to park now when they call. ISSUE #2 On December 15, 1997 the City Council voted to close the lake access at Shady Beach from 11 :00 p.m. until 6:00 a.m. during the ice fishing season and then permanently close this access following the ice fishing season (February 28th 1998). In addition, the City Council directed staff to look into another potential access to be used in lieu of the access at Shady Beach. CCACCESS.DOC The alternatives considered include: 1. Encourage people to use the access at Sand Point Park. Though the grade is steeper than that at Shady Beach it doesn't seem to be a problem to those that choose to use it. Park crews could make sure that this access is plowed clean and sanded. 2. Use Sand Point for winter access and open Shady Beach for one week at the end of ice fishing season to allow anglers to remove their houses. PARKS ADVISORY COMMITTEE RECOMMENDATIONS: At the March 9th Parks Advisory Committee meeting, the committee discussed both of these items. Issue # 1 The consensus was to leave the parking "as is". People are still using the fishing pier and are finding areas to park. Disabled persons can park nearby and children walk or ride their bikes. If we remove any no parking signs at this time we will be upsetting the neighbors. People can still use the Sand Point fishing pier where there is plenty of parking if they choose. A motion was made and seconded as follows: Tom Schutz made a motion to leave the parking as it is. Bob Rykken seconded the motion. Motion carried unanimously. Issue #2 The Parks Advisory Committee felt that the questions of the Shady Beach Access should be a decision left to the Lake Advisory Committee and City Council. The P.A.C. recommended that the city continue the current practice of maintaining the winter access at Sand Point Park and that the city should not consider any major redesign of the Sand Point Park access. A motion was made and seconded as follows: Pat Heaney made a motion that the P.A. C. recommends that decisions regarding Shady Beach access be referred to the Lake Advisory Committee and the City Council and that the Parks Department should continue to maintain the winter access at Sand Point Park with no modifications to the park. Bob Rykken seconded the motion. Motion carried unanimously. STAFF RECOMMENDATION With respect to the CSAH 21 Fishing pier parking issue, the staff believes that the City does have an obligation to facilitate parking while attempting to preserve the right of adjacent CCACCESS.DOC neighbors. The staff would recommend allowing parking on the east side of West Avenue adjacent to Lakefront Park. Signs should be provided to assist fisherpersons to the lake without trespassing. A similar position is recommended regarding Shady Beach. The access should be closed as previously directed by the Council, but the week preceding the deadline for removal of fishhouses, the access should be opened to facilitate easy removal. This solution attempt! to balance the rights and concerns of fisherpersons with those of residents. FISCAL IMPACT: Depends upon alternatives pursued. AL TERNA TIVES: The Council has the following alternatives: 1. Approve the PAC recommendations for each issue. 2. Approve the staff recommendation 3. Approve one or more of the other alternatives. 4. Take no action. RECOMMENDATION: Alternate 2 ~,J nd second to approve Alternate 2. ACTION REQUIRED: - Reviewed by: Attachments CCACCESS.DOC .11<" up to 36 cars per evening. There is a visual and sound disturbance in these hours. Cars park along the shore with their headlights facing the homes. · Mayor Andren said she wanted to address the concerns of the gentleman who spoke previously. She said on May 23, 1997, the Lake Advisory Committee visited the Beach Lane Access. At that time a motion was made to widen the access by removing a large tree and moving a post. At a subsequent meeting on August 20, 1997, the LAC amended the motion to add that the Shady Beach Access remain in public use. Then at the November 17th meeting, the LAC had the Sportsman's Club and the neighbors in to discuss the issue with them. On December 4, 1997, the neighbors and the Sportsman's Club met with the LAC and discussed the nine alternatives, including the solutions in front of the Council were brought up. Short term solution was a gate and another long term was to have the Parks Department explore Sand Point for an access. · Keith Randall 14112 Bayview Circle said he lived up the block from Shady Beach Trail and the problem began about two weeks ago with the ice forming. The neighborhood took influx of drivers. At 8:00 a.m. and about 3:00 p.m., there are kids getting off the bus and walking up and down Bayview. Many of the cars are too fast. The concerns are more for the safety. · City Attorney Pace said she did have the opportunity to read the letter from the Sportsman's Club's attorney and she was prepared to address it. She said after reviewing the previous documents attached to the staff report and the new letter received from William Peterson representing the Sportsman's Club, there was nothing new provided in the letter. The opinion remained that the Sportsman's Club's quit claim deed is not valid. · Mr. Randall said so does that mean the City has responsibility for liability and maintenance of the property? · City Attorney Pace said under Minnesota Statute 466.06, the liability for the City under recreational land is limited. But the regulation of the land is under control of the City. She said it was also the title opinion issued by Huemoeller and Bates that the land is encumbered by the rights of the public in that portion of the plat of Shady Beach donated and dedicated. · Wendy Starr of Bayview Circle addressed the Council. She said the traffic was a major issue for the children. The neighborhood people knew where to slow down. · Dr. Elkhorn asked if the Council could vote this evening on putting up a gate between the hours of 11 :00 p.m. and 6:00 a.m. · City Manager Boyles said the Council could take action on the issue. · Tom Ler of 5651 Woodside Road addressed the Council. He said he was a member of the Sportsman's Club. The traffic problems would just move to another neighborhood. That could be addressed by the police department. The Sportsman's club is willing to work with the City to put up tree barriers to improve the access. It was dedicated for public use. · Wayne Swemby of Shady Beach Trail said he had lived in the neighborhood for 18 years and the issue had not been addressed. He said the land was probably deeded for public access, meaning to water the cows in the lake back in the 1800's, not to be driven on. It was for a cow access, not for cars. He said use common sense. · City Attorney Pace said her recollection of the new Park Ordinance was the defInition ofa Park was all public property used for recreational purposes whether or not it is labeled as a park. In the ordinance, they restricted the hours of operation to close between 10:00 p.m. and 6:00 a.m. except some specifIc parks that remain open until I 1 :00 p.m. because they are lit. She said then the use of 4 · Consultant Guenette said fIrst, the EDC, BDC, EDA and City all came together to confront the issue that Prior Lake did not have any quality space for commerciaVindustrial development. They took the risk to make the investment on a piece of property that would not have been a private developer's fIrst choice. The economic conditions were positive, and that helped the rest. 6. PUBLIC HEARINGS: a) There were no public hearings. 7. OLD BUSINESS: a) 7B: Consider Approval of Recommendation from Lake Advisory Committee Regarding the Proposed Status of Shady Beach Trail (Beach Lane) Public Access and Conduct a Public Information Meeting to Solicit Public Input. · City Manager Boyles said he received a fax at 4:30 from the attorney representing the Sportsman's Club regarding the access. He recommended that the Council take public input on the recommendation, but not act on it until City Attorney Pace was able to review the documents. He said the City Council's task was to determine if Shady Beach should remain as a public access or be designated a vista, or become a winter-only access, or be closed altogether. The Beach Lane Access was reviewed. The Council understood that the Sportsman's Club held an easement on the property, so the Council believed that the appropriate action was to allow the property to be operated by the Sportsman. Then some property owners' attorneys indicated there was not a valid easement. This was verifIed, and so the process must be repeated. If indeed it is public property, then it must be determined what it will be used for. The LAC has conducted several meetings regarding the issue. The LAC has outlined three options. One short term solution would be to provide pole gates that could be opened and closed by the Police Department, to keep the access closed between 10:00 p.m. and 6:00 a.m. The Sportsman's Club would assume no responsibility for operation. The long term solution would be to have the Parks Department explore Sand Point Park for improved winter access. The concern there is that the park is substantially higher than the lake, so there is an 8% grade between the shore and getting up to Crest Avenue. The recommendation for the long term is that the City revise that access so that the grade was substantially less. Beach Lane access would then revert to a vista. Two other options are to continue the use of Beach Lane as an access, or to vacate the access and allow people to use Sand Point Access as the only access on that side of the lake without improvements. He said two years ago, the City invested substantially into Sand Point Park with bituminous drive and parking lot. · Mayor Andren asked if members of the public wished to comment. She said the Council would not plan to take action this evening. · Todd Nelson on Franklin Circle, a member of the Sportsman's Club addressed the Council. He said the past three months the Sportsman's Club had met with the LAC, and the last motion was to widen the Beach Lane access. . Dr. Harry Elkhorn 14283 Shady Beach Trail said he appreciated the discussion and the opportunity to speak. He said safety, fmancial, and courtesy were issues for the access. He said a traffIc survey was conducted last summer and 1,200 cars per week utilized the access. He said up to 36 cars per evening between the hours of 11 :00 p.m. and 6:00 a.m. used the access. He said with that many cars utilizing the access which may be unfamiliar with the neighborhood, what plans did the City have for 1) sidewalks, 2) streetlights west of Shady Beach Trail, 3) yield or stop sign by the access, 4) reconsider speed limit? Financially, the access traffIc represents 50% of the total traffIc in the residential area. Will the City give the homeowners special fmancial consideration when the street needs to be repaired or replaced? Finally, in common courtesy, the honor system asked people not to use the access between 11 :00 p.m. and 6:00 a.m. There was still 3 FOR ONE SEASON THIS YEAR AND HA VE A LONG TERM SOLUTION CONSIDERED BY STAFF JOINTLY EXPLORlNG WITH DNR AN ALTERNATIVE ACCESS POINT. · Parks and Recreation Director Hokeness said it would require two gates, because when people came down Sand Point and came back around and come out of the access, so they would be stopped at the road at a gate in the narrow roadway, and the gate would be pushed over an broken up. · Councilmember Kedrowski asked when the officers changed shifts. · Police Chief O'Rourke said they changed at 3:30 p.m. and at night, so if they were not held to that specific time that would be OK. He said it would depend upon the priority of other calls. · Councilmember Mader said the motion did not address the main issue of safety on the roads during the daytime hour. Also the motion that was made was short and long term solutions and he would not support it because it would be better for staff to spend more time on it. · Councilmember Kedrowski said it works toward the goal. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Robbins, and Schenck, nay Mader, the motion carried. . 7B Consider Approval of Resolution 97-109 Adopting 1998 Prior Lake Budgets Certifying Final 1998 City of Prior Lake Property Tax Levy to Scott County itor. · Councilme her Mader asked for a cost estimate over the past two yea · Finance Directo Teschner said it was spread over a number of egories. There is the General Operating Budget d Capital projects with a number of dol s for consulting engineers, which varies by constructio ctivity for the year. A guess on g eral fund related would be close to $200,000 within the pro osed 1998 budget. That is a ess. WITH A SIX PERCENT REDUCTION. . . · Mayor Andren as d a six percent reduction of what. . · Mayo ~dren asked what he would want to cut. · / ouncilmember Mader said he did not need to defme that for the levy cifically. · Mayor Andren said almost all of the levy increase was the Parks Referendum. 6 this property would already be restricted and closed between 10:00 p.m. and 6:00 a.m. Using winter vehicles to gain access to the lake, the department would designate specific locations for lake access. She said this area had not been designated for such use. She asked if that was Parks and Recreation Director Hokeness' recollection. . Parks and Recreation Director Hokeness agreed. He said the ordinance exempted Sand Point. He said in the broad sense of the ordinance the City could deem pieces of City property as recreational areas and then they would be designated as parks areas even without a sign. He said they could put barrels out, but the neighbors did not want them. . Mayor Andren reviewed the options set forth in the agenda report. MOTION BY KEDROWSKI SECOND BY TO HA VB THE SHADY BEACH ACCESS CLOSED FROM 10:00 P.M. TO 6:00 A.M. AND HA VB CITY STAFF LOOK AT THE LONG TERM SOLUTION AS SAND POINT PARK FOR AN ACCESS. . The motion died for lack of a second. . Councilmember Schenck said the concerns were excess traffic, the plight of the neighbors, the Sportsman's Club was environmentally conscious, and mitigation of a solution should be worked toward. There should be a solution agreeable to all parties. Shady Beach Trail was also an access for the fire department and squad cars. The neighbors have been very cooperative with the Sportsman's Club. He said the Sportsman's Club is not the residents causing problems in the access and the neighborhood. He said the trash issue was brought up. The Sportsman's Club picked up trash around the access. He said he supported the gate and the staff should look at Sand Point Park as a long term solution. . Councilmember Mader said the indication he had heard was traffic and safety of children. He said the gate between 11 :00 p.m. and 6:00 a.m. would not address the concern. The perception is that that is not the main issue, it is safety in the daytime. There is a reference that the police department may not want to pursue the operation of the gate. The safety issue has not been addressed. He suggested that the staff have more time to look at the issue and look at the letter that came from the attorney. He said he would not support putting a gate up tonight because it does not address the main concerns of the neighborhood. . Councilmember Robbins said her concern about considering permanently closing the access was that no other alternatives to get fish houses off the lake existed. She said it was necessary to leave it open until another alternative was available. She said if putting up a gate was the only short term alternative, she would support that. She said she had a question of the status of the property. If it was closed, making it an overlook or something, it could be an overlook if vacated because it was dedicated as public. . Mayor Andren said the question of the status had been going on for years. She said it was an inappropriate access to be in a neighborhood. The Sportsman's Club had taken responsibility for it. She said the Police Department had enough to do and that would not be nurnber one on their to do list. She said she did not know why someone could not sit down with the DNR and come up with a way to use Sand Point as an alternative. She said she agreed it was not the Sportsman's Club causing problems. She would support the recommendation. MOTION BY KEDROWSKI SECOND BY ROBBINS TO ACCEPT THE RECOMMENDATION OF THE LAKE ADVISORY COMMITTEE AMENDING IT TO MAKE THE CLOSING OF THE ACCESS GATES FROM 10:00 P.M. TO 6:00 A.M. AND MAKE THE ACCESS 2 GATES ONE IN FRONT AND ONE IN BACK AS A SHORT TERM SOLUTION 5 . 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes . Councilmember Schenck clarified that resident's driveway could support his own vehicles. He said it would just shift the problem further down. He said they might consider no parking during a certain time period. . . Council recognized Beth Brazier of 16707 Eagle Creek Avenue. She said they like to park there too. She asked if the City could create a parking lot. She said the access is public access, and that creates a problem. . Councilmember Schenck said the West Avenue access is used for water rescue. . Jim Space said the area she is referring to is all the way from the Sportsman's access. On West A venue, there were two other accesses, totally undeveloped and there was not a home on the Lakefront Park side of West Avenue. . Ms. Brazier said a lot of the kids are not supervised. There should be proper parking for the City Park that was developed. . The Mayor recognized Debbie Humphrey of Lakeside Avenue who spoke on behalf of her mother in-law who lived at 16000 Eagle Creek. She said people asked to use the bathroom, and were parking in her driveway and on the property. She said it was a danger. She said the police did not need to be called day and night about this issue. . The Mayor recognized Bonnie Kermer of 16044 Eagle Creek Avenue. She said she was very happy to be here. She said she came here from St. Paul and thought she was moving into a nice suburban area. This situation does not work. She asked if the Council is going to do something about this. . The Mayor recognized Kevin Bergstrom of 16300 Eagle Creek Avenue. The report does not address the issue of safety. Allowing parking deprives homeowners of the right to emergency vehicles. How does it affect property value, safety and welfare of children. He said it creates a garbage problem as well. . The Mayor recognized Kathy Space of 16094 Eagle Creek Avenue. The problem was created in making the park without making parking. . Mr. Space said the parking problem could be corrected. He said he wanted to address that there is a 24 foot wide street that does not meet the fire code with all of the cars parked on it. Councilmember Mader said he heard a lot of problems. He did not know how much ofthe problem would be resolved without having a parking lot. 16 8. 6297.DOC June 2, /997 Prior Lake City Council Meeting Minutes . Upon a vote, ayes by Andren, G motion carried. Kedrowski, Mader, and Schenck, the ing Petition Eagle Cree and Lakeside Ave A. Consider Petition for No Parking signs on Eagle Creek Ave. S.E. and Lakeside Ave. . City Manager Boyles introduced the item. The City received a petition for "No Parking" signs on Eagle Creek Avenue SE and Lakeside Avenue. The request is to install "No Parking" signs until such time as "Resident Only Parking" signs and resident stickers for vehicles are available. The petition raises the question of whether or not the City should have a "Permit Parking Only" policy, and if so, what circumstances or criteria would warrant the creation and posting of such a zone. Staff is recommending denial of the request in the petition and that the City should not establish a "Permit Parking Only" policy by ordinance. He said he had the opportunity to review these types of parking permits. He said they were concerned about precedence. . Petitioner said he would like to go last. He said he wanted to clarify that they were petitioning for no-parking signs until the City could investigate no parking permits. They are concerned with the traffic flow the safety and welfare. He said the roadway was 24 feet. He said the easiest way to deal with their concerns is no parking and that would be their issue. He was hoping they could eventually get permit parking. There are 16 affected homes, and the signatures on the petitions are unammous. . Mayor Andren said it seemed pretty reasonable to her. She said they should investigate no parking, and the staff should come up with ordinance criteria. . Council recognized Chris Anderson of 16020 Eagle Creek Avenue, who said they have anywhere from 500 to 1000 strangers walking around. He said they were camping out overnight. . Councilmember Kedrowski asked if they were sleeping in vehicles. . Mr. Anderson said yes 15 June 2, 1997 Prior Lake City Council Meeting Minutes · Mr. Space said that the problem was not there before the park. · Mayor Andren said she knows there is a problem and it continues to get worse. It increased with the park. She said first there should be no parking signs, and it should be investigated for permit parking. She said there is a public park and it is public access. There should be parking provided so it does not impact the residential zone. She said staff should investigate a possible location of a parking lot and should contact the DNR and ask if they would like to participate in the cost. She said DNR mandates access. No parking does not do any good if the penalties are not stiff, and parking problems should be about $50.00 each. That would discourage many people very quickly. MOTION BY ANDREN SECOND BY KEDROWSKI TO INSTALL NO PARKING SIGNS ALONG EAGLE CREEK AND LAKESIDE AVENUES, PROVIDE A PARKING LOT SINCE THE CITY PROVIDED THE PARK, CONTACT THE DNR TO ASK IF THEY WOULD LIKE TO PARTICIPATE IN COST, INVESTIGATE POSSIBILITY OF INCREASING THE COST OF THE PARKING FINE, INVESTIGATE PERMIT PARKING, AND EMPT.Y GARBAGE FREQUENTLY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. · Councilmember Mader said since the report came from Director of Public Works, he wanted to hear from him . Public Works Director Ilkka said that at the time of the report, he was unaware of the specifics of the issue. Police Patrol MOTION BY GREENFIELD SECOND BY ANDREN TO DIRECT STAFF TO increase INCREASE POLICE PATROL AND ENFORCEMENT EFFORTS, DURING HOURS OF FISHING AND LOITERING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Kedrowski asked about the timeline for no parking SIgn installation. . Mayor Andren said the Public Works Director says 7 days and Jim Space is the contact for the neighborhood. 6297.DOC 17