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Home My WebLink About12.B. Park and Open Space Encroachment-6569 Hartley Blvd CITY OF SHAKOPEE I :L. {3. MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Park, Recreation and Natural Resources Director Peter Ouchakof, Natural Resources Intern Subject: Park and Open,Space Encroachment -6569 Hartley Blvd Meeting Date: August 5, 2009 INTRODUCTION: The property owner is appealing the decision of the Parks and Recreation Advisory Boards to remove the encroachments on Park and Open Space at 6569 Hartley Blvd. 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. On September 16, 2008 the City Council approved Resolution No. 6806, a Resolution of the City of Shakopee adopting the Process to Remove Park, Open Space and Conservation Easement Encroachments (Attachment A). Staff completed marking the boundaries of all conservation easements, park land and open space and has been completing the process to correcting the encroachments. DISCUSSION The encroachment in question is a fence, play structure, and satellite installation. City staff visited the site on June 11, 2009. The staff member present used a GPS unit to determine the location of the property line, which correlated exactly with the previous markings already located on site (Attachment B). The fence extends into the Park and Open Space area roughly 25 feet on the north end of the property and 13 feet on the east. The park and open space area adjacent to this property is intended to be a natural area. The area is highly wooded and the City does not intend to develop the park into an active use park. There are some plans for passive recreation. opportunities at the time that Parcel 75 (adjacent to the said park and open space) becomes City owned. The property owner appealed the direction to remove the encroachment on park and open space to the PRAB on July 27,2009. The PRAB made a motion directing the property owner to remove the above stated encroachments off of parkland. The property owner has requested the ability to appeal the PRAB' s decision to the City Council. The property owner is requesting the permission of the City Council to allo"w his fence to remain. ACTION OPTIONS Staffhas discussed the encroachment in question with the City Attorney. This property was conveyed as parkland on the plat drawings and therefore cannot be sold by the City. The City Attorney also stated that a long term lease would not be an option. The City Council has the following three options: 1. Require the removal of the encroachment within 60 days or longer if specified. 2. Allow encroachment to remain as is. 3. Table the encroachment for further review. City Council is currently reviewing a possible encroachment agreement for very unique encroachment situations. In this case the encroachment would need additional review. VISIONING RELATIONSHIP: D. Vibrant, resilient and stable REQUESTED ACTION: The City Council, if concur require the removal of the encroachment within 60 days or longer if specified. Page 2 of2 AHachmer'l+ A 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 corner iron monuments Step 3 B. Locate property corner iron monuments C. lnstall boundirry markers D. Identify potential encroachnlent 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 removal 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 as a result of the encroachment - case by case issue Step 4 D. Residents who want to address, appeal or question the encroachment must complete the following process: 1. Contact the City within 10 working days of receipt cif the removal letter to be placed on the next PRAB or EAC agenda 2. Residents can appeal the PRAB or EAC decision to the City Council if necessary . E. If required, complete second inspection following timeframe to have encroachment removed and take photos for records . , F. If encroachment issue corrected provide resident with thank you letter G. If encroachment issue not corrected the following process wiIrbe 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 encroachn1ent 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 Shako pee ATTEST: City Clerk -,,-~- --" -- ----" '__~n,,_ " -- -" ------ -- --- 1 LOGISMap Output Page Page 1 of 1 ! I I I I I I 1 ';\~' i!I " ",""'-' ;.. ~' ~ . ~~. i:Oi,,~, t ~ · , -. I . ," I ~ 11('''1 ~" I ~(), 'Il t~. ' I 'Q"", I f ~ ~, I i ,," \j .. I .~ ~. ,. . 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