HomeMy WebLinkAbout5.D.1. Process to Remove Park, Open Space and Conservation Easement Encroachments-Res. No. 6806
S. f). I,
CITY OF SHAKOPEE
MEMORANDUM CONSEt~T
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 16, 2008
INTRODUCTION:
This agenda item seeks review and approval of Resolution No. 6806, a Resolution ofthe
City of Shakopee adopting the Process to Remove Park, Open Space and Conservation
Easement Encroachments.
BACKGROUND:
On May 2, 2006 the City Council approved Resolution No. 6417, 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.
Staff presented the recommendation by the PRAB and Resolution No. 6806 to the City
Council on September 2,2008. City Council directed staffto incorporate the appeal
process into the encroachment corrective action step. Steps 1.-3 of the boundary marking
process are staff requirements for marking boundaries and have been simplified in the
resolution. Step 4, the Encroachment Corrective Actions, is the step addressed by the
resolution and includes the notification of park encroachments, staff follow up of
encroachment removal and the appeal process for residents wanting to discuss the <.
encroachment.
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VISIONING RELA TIONSHIOP:
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
REQUESTED 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.
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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 Shako pee 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:
1. A removal request letter describing the encroachment, containing a photo of the
encroachment and any necessary restoration activities required as a result of the
encroachment will be distributed to the adjacent property owner.
2. The adjacent property owner will have 60 days from the date of the removal request letter
to remove the encroachment and restore the area.
3. Any person aggrieved by a decision of City staff regarding the removal of items from
]}ar:k, open space or conservation easements must contact the City within 10 working days
of receipt of the removal request letter for consideration of the issue by the Park and
Recreation Advisory Board or Environmental Advisory Committee.
a. Consideration of issues related to park and open space will be brought to the Park
and Recreation Advisory Board.
b. Consideration of issues related to conservation easements will be brought to the
Environmental. Advisory Committee.
c. Any person can appeal the Park and Recreation Advisory Board or Environmental
Advisory Committee decision to the City Council.
4. An inspection will be completed by City staff following the required encroachment
removal timeframe to take photos of the area for City records.
5. If the encroachment issue is not corrected within the established timeframe it will be sent
to the City Attorney to be resolved via the appropriate legal process.
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