8.3. SR 05-20-2013 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]
City of
Elk
River
Regulations Regarding Use of Bailey Point Nature Preserve
1. Guideline Statement
,,�.#%.,
The City of Elk River acquired parcels 75-402-0020,75-402-0021& 75-004-1100 (commonly
known as Bailey Point) with the assistance of a Minnesota Department of Natural Resources
Natural and Scenic Area Grant and the employment of a conservation easement by the
Minnesota Land Trust. The conservation easement restricts property use to low impact
outdoor recreational use and nature observation. 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 is committed to preserving the conservation values of the
property;therefore,the following re atior a ..ly to the pu, tic use of Bailey Point Nature
Preserve.
2. Bailey Point Nature Preserve Use Regulations
a. Fishing shall only be allowed at Bailey Point Nature Preserve below the ordinary
high water level (OHWL) or an area designed as fishing river access or at designated
fishing platforms.
b. Canoe and kayak river access at Bailey Point Nature Preserve shall only be allowed at
the designated river access.
c. No organized or team sport activities are allowed at Bailey Point Nature Preserve.
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 Police Department is authorized to issue citations for violations of these
regulations.
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