Loading...
HomeMy WebLinkAbout12.A. Remove Park Easement Encroachments-Res. No. 6806 11..A. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Park, Recreation and Natural Resources Director Ryan Hughes, Natural Resources Coordinator Subject: Process to Remove Park, Open Space and Conservation Easement Encroachments Meeting Date: September 2, 2008 INTRODUCTION: This agenda item seeks review and approval of Resolution No. 6806, a Resolution of the City of Shakopee adopting the Process to Remove Park, Open Space and Conservation Easement Encroachments. BACKGROUND: On May 2, 2006 the City Council (See Attachment A) approved Resolution No. 6417 (See Attachment B), a Resolution Implementing a Program to Mark Boundaries of Park, Open Space and Conservation Easements. The resolution however did not address the process described in the May 2, 2006 memo addressing the removal process of park encroachments. At the August 25, 2008 Park and Recreation Advisory Board meeting the board approved the process with a modified to allow residents an opportunity to respond to the removal of their encroachments. The Park and Recreation Advisory Board recommended the process be adopted via resolution by the City Council and that the letter distributed by staffbe reviewed (Attachment C). DISCUSSION: Staffhas continued to install boundary markers per Resolution No. 6417 in existing and new park land. All park land is anticipated to be marked according to Resolution No. 6417 by the end of2008. Based on observations during the installation process a wide variety of encroachments have occurred in almost every park. Staff discussed the various types of encroachments with the Park and Recreation Advisory Board to determine what, if any, encroachments would be allowed in the park land. At the meeting the board agreed to require all encroachments on park land be removed. Disagreements by residents regarding the removal of the encroachment from park land will be brought to the Park and Recreation Advisory Board for discussion. Page 1 of2 VISIONING RELATIONSHIOP: The agenda item appears to meet the following aspects of the City's vision: Goal: High Quality of Life Active and Healthy Community Strategies: Protect the Environment Foster Community Connections Enhance Physical, Mental, and Spiritual Health ALTERNATIVES: 1. Approve Resolution No. 6806 a Resolution of the City of Shakopee adopting the Process to Remove Park, Open Space and Conservation Easement Encroachments as presented. 2. Approve Resolution No. 6806 a Resolution of the City of Shakopee adopting the Process to Remove Park, Open Space and Conservation Easement Encroachments with revisions. 3. Table the matter for additional information. REOUESTED ACTION: If Council concurs, Resolution No. 6806, a Resolution of the City of Shakopee adopting the Process to Remove Park, Open Space and Conservation Easement Encroachments, and move its adoption. Page 2 of2 RESOLUTION NO. 6806 A RESOLUTION ADOPTING A PROCESS TO REMOVE PARK, OPEN SPACE AND CONSERVATION EASEMENT ENCROACHMENTS WHEREAS, Resolution No. 6417 of the City of Shakopee City implemented a program to mark boundaries of park, open space, and conservation easements; and, WHEREAS, the City of Shakopee Park and Recreation Advisory Board recommended the City Council adopt a resolution implementing a process to remove encroachments from park, open space and conservation easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it hereby approves and adopts the following process to remove park, open space and conservation easement encroachments: LEVEL WORK TO BE COMPLETED Meet with all staff to be included in the process Step 1 A. Agree to a plan for marking boundaries and encroachment issues B. Involvement and approval ofEAC, PRAB, and City Council Notices to residents A. Identify residents living next to park, open space, or conservation easements Step 2 B. Create link to online mapping for residents C. Notify residents of deadline to correct encroachments D. Notify residents that they can call and request a boundary marking but that it will be completed as Quickly as possible otherwise E. Provide residents with staff contact information Field work A. Reference mylar for property comer iron monuments Step 3 B. Locate property comer iron monuments C. Install boundary markers D. Identify potential encroachment issues and document with photo E. Create GIS database of existing and newly installed boundary markers F. As requested, meet with residents regarding boundary markers Encroachment Corrective Actions A. Send follow-up letter with photo to residents with encroachment issues B. Residents will have 60 days to correct encroachment issue and restore area 1. Residents have 10 working days to respond to the removal request C. Provide residents with restoration activities to be completed as a result of the Step 4 encroachment - case by case issue D. Complete second inspection following timeframe to have encroachment removed and take photos for records E. If encroachment issue corrected provide resident with thank you letter F. If encroachment issue not corrected the following process will be completed: 1. Letter sent from City Attorney 2. City Attorney will file a Court Order BE IT FURTHER RESOLVED that it hereby approves the City of Shakopee Park and Recreation Advisory Board to address and resolve park and open space encroachment issues with residents. BE IT FURTHER RESOLVED that it hereby approves the City of Shakopee Environmental Advisory Committee to address and resolve conservation easement encroachment issues with residents. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ Day of , 2008. John J. Schmitt Mayor of the City of Shakopee ATTEST: City Clerk A, CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Ryan Hughes, Natural Resource Specialist On behalf of the Environmental Advisory Committee and Park and Recreation Advisory Board Subject: Boundary Marking of Park, Open Space, and Conservation Easements, Resolution No. 6417 Meeting Date: May 2, 2006 INTRODUCTION The City is asked to review a proposed plan to begin marking boundaries of park, open space, and conservation easements. If you support the plan, we ask that you adopt Resolution No. 6417, a Resolution Implementing a Program to Mark Boundaries of Park, Open Space, and Conservation Easements. BACKGROUND In 2005 the Environmental Advisory Committee (EAC) compiled a list of goals for 2006. This list included Park, Open Space, and Conservation Easement boundary marking. City Council reviewed this goal/project as part of the 2006 budget and included funding for the work. DISCUSSION The City owns over 850 acres of park and open space throughout the city, and has over 100 acres of conservation easements in the Dean Lakes, Valley Creek Crossing, Whispering Oaks, and Ridge View Farms developments. These lands and conservation easements have been provided to the city over time, with some of the park areas dating back to the original incorporation of the city. This project would begin a process to mark boundaries of these lands and conservation easements. The primary purpose for marking boundaries is to inform adjacent property owners where the property or easement begins in order to help prevent encroachment issues in the future. Unfortunately, we anticipate that the project will also deal with a significant number of existing encroachment issues. Once the boundary marking program is complete, we would like to begin developing management plans for much of the park, open space, and conservation easement areas. Locating, inventorying, and installing park, open space, and conservation easement boundary markers is the first step to managing these areas. The process will include creating a GIS database of all existing boundary markers installed as part of recent developments and new boundary markers installed as part of this project. Additionally, the installation of boundary markers and creation of a database that can be utilized by City staff will enable inspectors to more accurately determine when encroachments have occurred. The process for this project is intended to be positive for both staff as well as residents living next to park, open space, and conservation easements. We plan on starting in east Shakopee, East of County Road 83/Canterbury Road. The process is expected to include four steps: LEVEL WORK TO BE COMPLETED Meet with all staff to be included in the process Step 1 A. Agree to a plan for marking boundaries and encroachment issues B. Involvement and approval of EAC, PRAB, and City Council Prepare notices to residents adjacent to park, open space, or conservation easements A. Identify residents living next to park, open space, or conservation easements Step 2 B. Create link to online mapping for residents C. Notify residents of August 1,2006 deadline to correct encroachments D. Notify residents that they can call and request a boundary marking but that it will be completed as quickly as possible otherwise E. Provide residents with staff contact information Field work A. Reference mylar for property comer iron monuments B. Locate property comer iron monuments Step 3 C. Install boundary markers D. Identify potential encroachment issues and document with photo E. Create GIS database of existing and newly installed boundary markers F. As requested, meet with residents regarding boundary markers Encroachment Corrective Actions A. Send follow-up letter with photo to residents with encroachment issues B. Residents will have 60 days to correct encroachment issue and restore area C. Provide residents with restoration activities to be completed - case by case issue Step 4 D. Following 60 days complete second inspection and take photos E. If encroachment issue corrected provide resident with thank you letter F. If encroachment issue not corrected the following process will be completed: 1. Letter sent from City Attorney 2. City Attorney will file a Court Order We have identified a summer intern studying natural resources that would take the lead on this project. Under my supervision, his role would be to conduct the boundary marking, identify encroachments, and work with residents to address encroachment issues. Samples of the signs anticipated to be installed for the park, open space, and conservation easement boundary marking will be presented at the meeting. The following are questions that might be raised during this process: Why should anyone care if someone encroaches? First, the property is in public ownership, and this plan will help to protect the public's interest. Second, some of the encroachment may pose future issues such as interfering with planned development, damaging important natural resources, or creating a liability for the city. How many encroachments are there on park, open space, and conservation easements? Some estimate that there are hundreds of encroachment issues throughout the city; however, we simply don't know. Last fall I completed the boundary marking of a conservation easement between the ACC 2nd and Valley Creek Crossing developments. Of the ten residential property owners adjacent to the conservation easement, six have encroachment issues either due to landscaping or fence installation. How has the City dealt with encroachments into park, open space, and conservation easements in the past? According to the Public Works department, residents have been informed of the encroachment in a letter from the city and the encroachments have been removed. In many cases, the encroachment may have been as simple as planting trees in park, open space, or conservation easements. Although this is positive because it benefits the public with additional trees in the park, open space or conservation easements, however it negatively impacts the City when tree maintenance or removal is necessary and the City is the responsible owner and assumes the cost. Are residents knowingly encroaching into park, open space, and conservation easements? Usually residents are unknowingly encroaching because no sign is in place for them to question what they do on land adjacent to their property. This is why the boundary marking project is important. Do you anticipate issues in dealing with encroachment? Yes. Based on recent experience with encroachment in conservation easements and right-of- ways, as well as stories from other cities, we anticipate that some residents who are encroaching will appeal our request for them to remove their encroachment to the Parks and Recreation Advisory Board, Environmental Advisory Committee, and City Council. What is the City doing to prevent encroachments from happing in the future? Weare now requiring developers to install boundary markers as part of the development process. This is anticipated to reduce encroachments and allows future homeowners to view the signs when they are considering the purchase of a lot and to contact the city to determine what they can or can not do within the park, open space, or conservation easements adjacent to the property. Are you going to also mark utility easements? No. Marking the park, open space, and conservation easements is a huge project in and of itself. It wi11likely take more than one summer season to complete. Public Works Director Bruce Loney has indicated that he is interested to see how this process works, and will be considering the utility easement issue in the future. Why do the proposed signs not have a contact phone number, contact name, or contact department? Past signs have had this information, but signs seem to last longer than phone number and/or web site addresses as technology continues to change. The proposed signs contain the city logo requiring an individual to look up the information in a phone directory or on the web. By following this approach, we help minimize future expenses to change or modify signs. PARKS AND RECREATION ADVISORY BOARD/ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION The Parks and Recreation Advisory Board and Environmental Advisory Committee reviewed the plan at their April 24 joint meeting and unanimously recommended the plan. VISIONING RELATIONSHIOP This action appears to meet the following aspects of the City's vision: Goal: High Quality of Life Strategies: Protect the Environment ACTION REQUESTED: If City Council concurs, move to adopt Resolution No. 6417, a Resolution Implementing a Program to Mark Boundaries of Park, Open Space, and Conservation Easements. 73, RESOLUTION NO. 6417 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA IMPLEMENTING A PROGRAM TO MARK BOUNDARIES OF PARK, OPEN SPACE, AND CONSERVATION EASEMENTS WHEREAS, the boundary marking of park, open space, and conservation easements is a project unanimously supported by the Environmental Advisory Committee; and, WHEREAS, the boundary marking of park, open space, and conservation easements is a project unanimously supported by the Park and Recreation Advisory Board; and, WHEREAS, the boundary marking of park, open space, and conservation easements is a project supported by the City Council; and, WHEREAS, the purpose of the project to locate and mark the boundary of park, open space, and conservation easements and address encroachment issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee (The City) supports marking the park, open space, and conservation easements with post or stakes and signs. BE IT FURTHER RESOLVED that the Environmental Advisory Committee, Park and Recreation Advisory Board, and City Council will work with staff to implement corrective actions for encroachments. BE IT FURTHER RESOLVED the boundary of conservation easements managed by the City of Shakopee be marked with a 4X4X8 green treated post and signage identifying the area; and, BE IT FURTHER RESOLVED the boundary of City owned park and open space be marked with fiberglass boundary stakes and sign age identifying the area. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd Day of May, 2006. John J. Schmitt Mayor of the City of Shakopee ATTEST: City Clerk c, ~ SHAKOPEE COMMUNITY PRIDE SINCE llb7 DATE RESIDENT ADDRESS Shakopee, MN 55379 RE: Encroachment into City of Shakopee Park, Open Space, or Conservation Easement Dear RESIDENT, ill 2006, the Shakopee City Council directed staff to begin a program marking city-owned park and open spaces and city-controlled conservation or protective easements according to Resolution No. 6417. As part of this program, City Council also directed staff to identify locations where property owners have encroached on these areas and work with residents to remove the encroachment according to Resolution No. 6806 a resolution adopting the process to remove park, open space and conservation easement encroachments. You are receiving this letter because the following encroachments have been observed on City of Shakopee Park, Open Space, or Conservation Easement adjacent to your property: . ENCROACHMENT i.e. Fence . ENCROACHMENT i.e. Retaining Wall . ENCROACHMENT i.e. Garden The attached photos document the encroachments. Please remove the encroachments within 60 days of the date of this letter. A follow-up inspection of the site will be completed to evaluate if the encroachment has been removed and if restoration activities are necessary. If you have questions or comments regarding the removal of the encroachment please contact me at 952-233-9510 or rhughesCiV,ci.shakopee.mn.us within 10 working days. Sincerely, Ryan Hughes Natural Resources Coordinator City of Shakopee 129 Holmes Street South. Shakopee, Minnesota. 55379-1351.952-233-9300. FAX 952-233-3801. www.ci.shakopee.mn.us City of Shakopee Park, Open Space, and ConservationJProtective Easement Boundary Marking Program Q1. Why is the City marking these boundaries? The city owns or manages over 850 acres of park and open space and has over 100 acres of conservation easements. Weare marking the boundaries because some property owners have encroached on these areas and we want to avoid any further encroachments that damage natural resources or create maintenance or liability issues for the City. Q2. What are you using to mark boundaries? For park and open space boundaries, we are using a thin, brown plastic stake with a small decal on it. For conservation easements, we are using a 4"X4" wood post with a small sign on it. Both the stake and the post are intended to blend in with the natural area, yet provide clear identification of the property line. Q3. When will you mark the property adjacent to my property? Weare starting in the eastern part of Shakopee and working west. At this point, we hope to mark all the park and open space east of County Road 83. Q4. What does encroachment mean? Encroachment means crossing a property or conservation/protective easement line and using this area for your personal use and/or benefit. Examples of encroachments include: . Constructing buildings, fences, play equipment, pools . Cutting plants, vegetation, or trees . Driving motorized vehicles . Dumping yard waste or trash Q5. How do I know ifI have encroached? First, you should locate your property and/or any easement lines. There are a few ways to do this: . Review the survey that was completed when your house was constructed. . Find your property pins. Property pins are metal stakes that are installed on the comer of properties. In most cases, we will be using a metal detector to find property pins. . Visit www.ci.shakopee.mn.us/naturaIJesources.cfm and select the "Park and Open Space Boundary Marking" link. This will bring you to a page where you can enter your street and address to see an aerial of your house with any adjacent park, open space, or conservation/protective easements. . Have a survey completed. Q6. What will you do if I have encroached? If you have encroached, the city will provide you with written notice about the encroachment and give you 60 days to remove the encroachment and restore the area to its original or intended condition. We will also meet with you at your property to review the encroachment if you would like. More information on this process will be included in the notice. Q7. What ifI do not remove the encroachment and restore the area? There are no criminal citations issued for encroachment, but the encroachment could be brought to civil court where a judge could order the encroachment removed and/or impose a penalty. Q8. What if I have further questions? Please visit our web site at www.ci.shakopee.mn.us/naturaIJesources.cfm or call Ryan Hughes at 952-233- 9510. 129 Holmes Street South. Shakopee, Minnesota. 55379-1351.952-233-9300. FAX 952-233-3801. www.ci.shakopee.mn.us City of Shako pee Park, Open Space, and ConservationlProtective Easement Boundary Marking Program Encroachment Photos . Above photo: Landsaping rock, landscaping fabric and mulch in park land. 129 Holmes Street South. Shakopee, Minnesota. 55379-1351 . 952-233-9300 . FAX 952-233-3801 . www.ci.shakopee.mn.us