8.3. SR 05-20-2013 - Laserfiche WebLink

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Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 8.3 AGENDA SECTION MEETING DATE PREPARED BY General Business May 20, 2013 Michael Hecker, Parks and Recreation Director ITEM DESCRIPTION REVIEWED By Regulations Regarding the Use of Bailey Point Nature Reserve Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Approve by motion the regulations regarding use of Bailey Point Nature Preserve. BACKGROUND/DISCUSSION In November 2012, the city acquired Bailey Point,a 23-acre, historic and scenic property. The acquisition was completed with the assistance of a Department of Natural Resources (DNR) Natural and Scenic Area Grant and a conservation easement with the Minnesota Land Trust. The grant and conservation easement only permit low impact, outdoor recreational use, and nature observation. To stay within the scope of the easement, staff recommends the attached regulations,which were reviewed by the city attorney and discussed and recommended by the Parks and Recreation Commission on May 8. The Parks and Recreation Commission held a special meeting on May 1 at Bailey Point to tour the site and discuss park use regulations. Based on the tour,it was decided that fishing platforms would not be very effective, especially during the flood stage. Instead, the designation of an area for river access with proper signage to allow fishing and canoeing/kayaking seemed the most cost effective approach in the proposed regulations. Staff recommends keeping fishing platforms in the regulations in case the city decides to install them in the future. Although the city may limit where the general public may fish from parkland,it may not prohibit the public from fishing anywhere below the Ordinary High Water Level (OHWL). In Minnesota,it is a right to access water bodies or watercourses via public property,including Bailey Point. Prohibition of fishing is difficult as anyone may use public lands to access bodies and fish below the ordinary high water levels. Staff and the Commission recommend regulating river access as per the attached regulations to avoid erosion issues along the shoreline. ATTACHMENTS • Proposed Regulations Regarding Use of Bailey Point Park draft. • Map indicating designated river access • Proposed signage P O W E R E D BY N:\Public Bodies\Agenda Packets\05-20-2013\X8.3 sr Regulations of BPPark.docx IN A f U RE]