7.A. PRSR 04-10-2013 Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Parks and Recreation Commission 7.A.
AGENDA SECTION MEETING DATE PREPARED BY
Action Items April 10,2013 Michael Hecker,Parks and Recreation
Director
ITEM DESCRIPTION REVIEWED By
Regulations regarding use of Bailey Point Park. Cal Portner, City Administrator
REVIEWED BY
ACTION REQUESTED
City staff recommends the Parks and Recreation Commission approve the regulations regarding use of
Bailey Point Park
BACKGROUND/DISCUSSION
The City acquired in November 2012 a 23-acre parcel of historic and scenic property with over 3,300 feet
of natural largely untouched shoreline at the confluence of the Mississippi and Elk Riven. This parcel is
assumed to have the name of Bailey Point. The acquisition was completed with the assistance of a DNR
Natural and Scenic Area Grant and a conservation easement with the MN Land Trust. Both the grant
and conservation easement only permit low impact outdoor recreational use and nature observation on
the parcel. It is important that the city be committed to preserving the conservation values of the parcel.
Therefore, staff has developed regulations (attached) that are within the scope of both the conservation
easement and the DNR grant. These regulations have been reviewed by the City Attorney.
According to the MN Land Trust property baseline report,the property may be used for such uses as
hiking, cross country skiing, canoe and kayak launching,fishing, nature observations and other non-
intensive recreational and educational programs or activities that have no more than minimal impact on
the conservation values of the property. Restrictions on uses such as fishing are possible and may be
managed by restricting the activity to fishing platforms. Based on the recent Bailey Point work sessions,
many of the neighbors have expressed concerns with fishing and suggest that the city restrict or even
prohibit fishing.
The prohibition of fishing will be difficult as the public may use public lands to access rivers and fish
below the ordinary high water levels. Our Park Planner will present these DNR regulations at the
meeting. While these may limit our ability to completely prohibit fishing, staff recommends fishing not
be allowed on the parcel and be restricted along the river with fishing platforms.Access to the river is
limited in the conservation easement as indicated on the attached property map. Staff is also
recommending regulating river access to avoid erosion issues along the shoreline.
ATTACHMENTS
• Regulations Regarding Use of Bailey Point Park draft.
• Land Trust Property Map indicating potential river access
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N:\Departnrnrs\Parks and Recreazion\Commasion\Packets\2013\O4-10.13 PRC Packet\Item 7A Regulations of BPPark NATURE
RFA.docx
)44h.
City of
Elk
River
Regulations Regarding Use of Bailey Point Park
1. Guideline Statement
The City of Elk River Park.; and Recreation acquired parcels 75-402-0020, 75-402-0021 &
75-004-1100 (conunonly known as Bailey Point) with the assistance of a DNR Natural and
Scenic Area Grant and a conservation easement with the MN Land Trust. The conservation
easement only permits low impact outdoor recreational use and nature observation on the
property. As an example, fishing and canoe/kayak landing areas are only permitted within
the area designated in the conservation easement as "Potential River Access". The City of
Elk River is committed to preserving the conservation values of the property; therefore, the
following regulations apply to public use of Bailey Point.
2. Bailey Point Use Regulations
a. Fishing is not allowed at Bailey Point Park, except at designated fishing platforms.
b. Canoe and kayak river access at Bailey Point Park shall only be allowed at designated
landing platforms.
c. No organized or team sport activities are allowed at Bailey Point Park.
3. Enforcement
Enforcement of these regulations shall be primarily through voluntary compliance.
• The property will have appropriate signage posted.
• City staff will meet with park volunteers to discuss the regulations and assist in
monitoring compliance with the regulations.
• City staff will make periodic observations of activity at the site to monitor
compliance with the regulations.
• The City Police Department is authorized to issue citations for violations of these
regulations.
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