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HomeMy WebLinkAbout7B - Shady Beach Trail Access .~..~ ~:':~ CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: JULY 6, 1998 ~ ~NK BOYLES, CITY MANAGE:\ ~ 'J SHADY BEACH ACCESS TASK FORCE REPORT. Historv At their May 4 meeting, the City Council considered recommendations for the Shady Beach Access (see attached minutes). After hearing resident testimony, the City Council concluded that it would be appropriate to establish a Task Force to consider the issue and report back to the Council. Current Circumstances The task force, including Jim Petersen, City Council; Bill O'Rourke, Police Chief; Tom Kearney, Lake Advisory Committee; Dave Smith, Shady Beach Access opponent; John Bradley, Shady Beach Access proponent; Tom Moore, representing the Sportsmen's Club, met on two occasions to discuss the issues. The attached report was prepared as a result of the meetings and has been scheduled for presentation at the July 6 meeting. Issues The report raises various issues which are identified and addressed separately under old business, agenda item 9C. Conclusion The purpose of this agenda item is to afford the task force an opportunity to share its report with the City Council. Council consideration of the report is scheduled under old business. 162aOOOgtNOJe\MJNRP$ffi:smrn~~~&ii372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 06/15/98 MON 11:56 FAX 612 4450004 [4] 002 i ) ! Shady Beach Trail Acc~ss Task Force Committee I I Meeting Held Tuesday,lMay 6, 1998 IL1k Ad" C "tt Tom Kearney i a e v~sory omm~ ee Tom Moore I s~ortsmans Club Bill 0' Rourke i Chiief of Police Dave Smith . L~ves next to access . . I Jp.m Bradley Neighbor near access R1:I:ommendation by Tas~ Force: ~r) control the acces6 with a manual locking gate. L~le gate would remaib ~pen all hours of the day from October 1st . ~lrough December 15th ~nd from March 1st through April 30th eadh , !; y~ar. ~T~e balance of the y~a~, December 16th through February 28th and M3Y 1st through Sept~mtier 30th the access will open sometime be- t....een 6:00 and 7:00am a:nd,;be closed sometime between 10:00 and ~l:OOpm. We would li~e Icity staff to recommend the times due to ~~e scheduling of empldyees needed. ~b~ly r~sidents living ~n Prior Lake and members of the Sportmens : Club (100 maximum) m~s~ purchase a permit card to use the access. r~is permit must be yidible in your vehicle or on your person if ~('ivin~ a snowmobile!. 'I!he cost of the permit will be somewhere pe~ween $10. to '$20 p~er Iyear. If the city cannot. char~e a fee f,?r ~s~ng the c~ty lake ~ccess,a total of 500 perm~ts w~ll be ava~l- a ole each year. ! ~A new sign will be e~ested at the access stating tqe times of pperation and the ne~d Ifor a permit to use it. . :-~urrently, there are! siigns on both sides of the street stating !'J::> Parking With Trai1IeIj's. We recommend changing the signs on one ~ide of the street tb ~o Parking Anytime. This will keep the ~treet: from b~comin~ tso dangerous for emergency vehicles and ~eighb~rhood~~affi~. The signs should remain posted in all of :tne lo~ations:they ajre currently in. .;i :} . j: i . i , , , j i. j, i. s- Nh 7 . . ber Kedrowski asked whether there were matching funds or anything a~le Parks and Recreatio Director Hokeness said no. That is a $20'~OO fiShiZCh they put in, and we put the hs in and improved the park. The DNR s~d1f they were going to spend money for a parking t they would do it on Dewitt A v7 Mayor Mader said last year they p ed a resolution to in,~tal1 no - parking signs and provide a parking lot. He said they do not hav nds. He said they should address the resolution if they are not going to provide the parking I ./ / MOTION BY KEDROWSKI SECOND B~~ERSEN TO TAKE NO ACTION AND . "- STAFF SHOULD MONITOR THE ISSUE AND BRING IT BACK TO THE COUNCIL IF IT BECOMES A PROBLEM. // ~ // ~ Councilmember Schenck said/he would like to propose a riendly amendment that staff explore with the DNR thep6ssibility of moving the dock to Lak front. . ,/ " / "- C?uncilmember)Vuellner said he hoped this would be .used as a lciaq~ing tool, since .the CIty spent thousands of dollars to develop a resource that IS useable by people who can't Just walk there.// ~ UP~te, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, ~otion camed. " . . . - - ---------'---- . "--- ... City Manager Boyles said Shady Beach Access was closed because of concerns raised by residents in the immediate vicinity as well as issues having to do with ownership of the access. Council recommended staff look into another access during the winter. Fishermen are concerned with the grade on the Sandpoint Access for removing fish houses. Shady Beach Access works better because of its flat terrain. In reviewing this matter the staff has two options; Option 1 is to simply keep the Shady Beach access closed and direct that Sand Point Beach be used. Option 2 is to provide for the use of Shady Beach Access during the beginning and end of the fishing season or just during the end. . Scott Donaldson from the east side of Beach Lane addressed the Council. He said he has not heard discussion from the staff with discussion as to using Sand Point. Is there a finding that Sand Point is not useable? Second, the Council decision on December 15th, 1997 was to close Shady Beach access. . Mayor Mader said the motion passed on December 15 was to close the access between 10 p.m. and 6 a.m. as a short term solution for one season. . Mr. Donaldson said he did not agree with the minutes that Mayor Mader was reading from. He said the action was to adopt the findings of the Lake Advisory Committee and as a short term solution close Shady Beach and long term look for another access. Revisiting Shady Beach access as a long term solution was not part of the action. S498.DOC 12 · Mayor Mader said he was reading from the approved minutes. . · Parks and Recreation Director Hokeness said the Lake Advisory and Park Advisory committees have looked at the issue. The Park Advisory Committee does not want to make any major modifications to Sand Point Park. Because of the severity of the slope at Sand Point, they would like to open Shady Beach one week at the beginning and one week at the end of the season. The other issue is during the summer months they do not want the gates locked. If it is city property, people cannot launch their boats from it. · Mayor Mader said the resolution included action for one season and having a long term solution considered. Council should bring this to closure. MOTION BY WUELLNER SECOND BY SCHENCK TO AUTHORIZE USE OF THE SHADY BEACH ACCESS ONE WEEK AT THE BEGINNING AND ONE WEEK AT THE END OF THE FISHING SEASON. . Bryan Lompart of 14223 Shady Beach Trail addressed the Council. He said the access is. shut in the winter, so people park on adjacent streets and go through people's yards. Council needs to do something about parking on Shady Beach Trail. . John Bradley of 14901 Bayview Circle addressed the Council. He built his house on that property because of the access. They have had a lot of trouble with the access in the winter with inconsiderate fishermen coming off the lake at odd hours of the night and getting stuck. They also use the access in the summertime for launching boats and in the winter for snowmobile access. . Tom Moore of 5651 Woodside Road addressed the Council. He said there is no consideration given to the Prior Lake Sportsman's Club, which he said has an easement over the access. The problems on the access are law enforcement problems that can be dealt with by the sheriff. It should be left open. . Bill Zekkofof 14722 Louisiana addressed the Council. He said Sportsmen's Club has rights to the access according to their attorney. It should be kept open. . Mayor Mader said the City has clear title to the property according to the City Attorney. . Councilmember Wuellner said it would be a bad idea to close it forever. Restricting it is a better option. The problem with opening it at the beginning of the season is the beginning is ambiguous. . City Manager Boyles said maybe the end of the season only would be better since it is defined as February 28. They have provided egress one week per year. The Council may want to incorporate no parking on side streets as part of their direction to staff 5498.DOC 13 · Councilmember Schenck mentioned the no-parking around access ordinance which stipulated that there should be no parking within 2500 feet of Public Accesses. That would apply to Bayview Circle, Innview Road and perhaps Orchard Circle. · Parks and Recreation Director Hokeness said there could be seasonal parking restrictions. · Mayor Mader said the resolution was too open ended. A suggestion was made to create a task force with the Sportsmans Club. · Councilmember Kedrowski suggested a task force to consider the possibility of charging for access. · Councilmember Schenck said they can't charge for access to a public body of water. · Councilmember Kedrowski said they would be charging access to the road. Those with a vested interest could have the opportunity to make it a workable solution. · Councilmember Schenck recognized Scott Donaldson. He asked what he felt about o:qe week at the beginning and end of the season. · Mr. Donaldson said he would prefer one week at the end of the season. There is one other access at the end of Shady Beach which is 30 x 40 feet. It is almost level. It is currently classified as a scenic overlook. · Councilmember Schenck asked about the one week in the beginning as well. · Mr. Donaldson said that would be acceptable. · Councilmember Schenck said because of the way lake freezes, the City does not want to commit to a certain time to open the gates. · Councilmember Petersen said he will have a hard time with the week in the fall. · Mayor Mader said he would recommend a task force of the advisory body committees, Councilmembers and law enforcement officials. · Parks and Recreation Director Hokeness said he has been trying to get the residents and sportsmen's club together but has been unsuccessful. · City Manager Boyles said there was a motion on table to open access at the beginning and end of season. Ayes by Wuellner and Schenck, nays by Mader, Kedrowski and Petersen, the motion failed. · Councilmember Wuellner asked about the task force option and a date certain. S498.DOC 14 MOTION BY KEDROWSKI SECOND BY PETERSEN TO HAVE THE MAYOR SELECT A TASK fORCE WITH REPRESENTATIVES FROM THE SPORTSMEN'S CLUB, RESIDENTS, LAKE ADVISORY COMMITTEE, COUNCILMEMBER, AND LAW ENFORCEMENT REPRESENTATIVES AND CONSIDER THE COST OPTIONS WITH A REPORT BY THE FIRST MEETING IN JULy. Ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 9. . 9b) Consider Approval of a Petition for the Installation of Stop Signs on Blind Lake ail at the Intersection of Blind Lake Trail and Lexington Court/Wilderness Trail in the esidential Development of Wilderness Ponds. . ,//"'. ~// City Manager oyles introduced the item. Based on data acquired, Engineering ,found this intersection did ot meet criteria for installation of a stop sign at this time. Th~. Council can look outside of the mdings if it wishes. Staff recommends denying the petition and having' staff prepare a policy or future guidance. . Mayor Mader asked if so eone wanted to speak. Steven Forsner of 5170 Le~Rton Court SE addressed theC6~~cil. He said it sounds like stop signs aren't used other th'an as a way to control ,right of way at intersections. As residents they are more conceme~ith general traffic flow and speed through the area. The residents want to make the area safer~ . ' Councilmember Schenck asked whet~ there were stop signs at Lexington and Wilderness to cross Blind Lake? . . . Mr. Forsner said no. It is uncontrolled. It is tli, one main intersection in the development. It is actually crossing the flow of traffic. There are 0 speed limit signs. . Mayor Mader said the speed limit by statute is 30 m . Mr. Forsner said there was a radar unit out. . CouncilmemberWuellner said there was a similar situ ion at Pershing and Dunkirk. Residents petitioned and obtained a stop sign. He said he wou support it. . Councilrnember Petersen said it is likely that mostly residents are is not a through street. . Mr. Forsner said he lives on the comer of Lexington and Blind Lake. There is more of a problem going down the hill when people pick up speed. 5498.DOC 15 6. ) q -'f - consul~f"'t, the EDC, BDC, EDA and City all came togethe, to coofmnt the issue that Prior Lake did llot-have any quaITty ~pace for commercial/industrial development. They took the risk to make the inve~'ent on apiece of property that would not have been a private developer's fIrst choice. The economic/ ditions were positive, and that helped the rest. / // PUBLIC HEARINGS: // // a) There wereno public hearings, / ./ '~ " ",,- "~..... .-..........- "'-, --------~ . 7. OLD B!lSOOSS: 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 . " ... 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 defmition of a 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 11 :00 p.m. because they are lit. She said then the use of 4 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 HAVE THE SHADY BEACH ACCESS CLOSED FROM 10:00 P.M. TO 6:00 A.M. AND HAVE 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 ofthe 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 number 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 Ill." FOR ONE SEASON THIS YEAR AND HAVE A LONG TERM SOLUTION CQNSIDERED BY STAFF JOINTLY EXPLORING WITH DNR AN AL TERNA 'fIVE 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. b) JB Consider Approval of Resolution 97-109 Adopting 1998 Prior Lake Budgets and Certifying Final 1998 City of Prior Lake Property Tax Levy to Scott County Auditor, . City Manager Boyles introduced the item, . Councilmember Mader asked for a cost estimate over the past two yea~s for consultant costs. ,/' ,/ . Finance Director Teschner said it was spread over a number o(cafegories. There is the General Operating Budget and Capital projects with a number of d?llais for consulting engineers, which varies by construction activity for the year. A guess on general fund related would be close to $200,000 within the proposed 1998 bu1get. That is a guess. " . Councilm7mber Mader asked what was in 1:hC( budget for legal fees for next year. , '. . Finance Director Teschner said the legal fees are'Qeneral Legal Services and Prosecution. The General Legal Service is $148,000 and in Prosecuti"On, which is part of the Joint Powers Agreement is $84,600. So the total is $232,600. The $~~O is not consulting fees because we have hired the individual and share the costs with other citie~ MOTION BY MADER TO AMEND THE LEVY WITH A SIX ~\.ENT REDUCTION. . Mayor Andren asked a six percent reduction of what? \\ , \, . Councilmember Mader said of the proposed levy. . Mayor Andren asked what he would want to cut. . Councilmember Mader said he did not need to defme that for the levy specifically. . Mayor Andren said almost all of the levy increase was the Parks Referendum, 6