Leo’s Landing owners write letter to Prescott City Council

Posted 1/17/24

Editor’s note: Ahead of the public informational meeting at 5:30 p.m. Thursday, Jan. 18 concerning Prescott’s proposed riverfront improvements (Phase 2), the owner of Leo’s Landing …

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Leo’s Landing owners write letter to Prescott City Council

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Editor’s note: Ahead of the public informational meeting at 5:30 p.m. Thursday, Jan. 18 concerning Prescott’s proposed riverfront improvements (Phase 2), the owner of Leo’s Landing Marina submitted this letter to Mayor Rob Daugherty, the Prescott City Council, Prescott City Administrator Matt Wolfe and the Pierce County Journal. She asked that it be published before the meeting.

 

Dear Mr. Mayor and Common Council,

Leo’s Landing has been operated by the Anderson family for 38 years, ever since we purchased it from the Simones who operated the marina for many years before us and this marina has been there since Captain Dick established in 1963. We are locals, paying taxes and rent to the City of Prescott, employing Prescott employees, and supporting community organizations. We have loyal customers, good neighbors, and, until recently, a good relationship with the City. Leo’s Landing boaters patronize Prescott bars and restaurants, shop at local stores, and help drive the local economy. We were gratified by the outpouring of strong support from boaters, local businesses, neighbors, and other residents of Prescott when reports of the City’s actions began to circulate in local media and the community.

For most of the 38 years, we and the City have operated on a handshake agreement regarding crossing the sliver of property between our land and the water’s edge. In part, it was because it was not clear to anyone who owned the maybe 10-15 yards between our property and the St. Croix/Mississippi, at most times considered river bottom. For many years, we paid nominal “rent” to the City and neither side spent too much effort to clearly define the legal description of the strip.

That changed a few years ago.

  • As Richard Anderson was dying of cancer, the City convinced him to sign a 1-year lease, purportedly to supersede his existing lease that had a series of 5-year renewals left.
  • In October 2020, the City tried to plat the entire area adjacent to Leo’s Landing, claiming it all for the City. Of the 15 property owners that might have had a property interest in the strip of waterfront land, the City was unable to get 14 of the 15 to consent to the plat. Jan Anderson protested that the proposed plat was unfair but the City pushed it through in 30 days anyway.
  • In closed session, behind closed doors without public discussions, the City planned for its redevelopment of the waterfront. It is unclear how or why the City was able to do this in closed session but as we understand it, the City’s plans now include a marina where Leo’s Landing is located. As the Anderson family has repeatedly stated, had the City been forthcoming regarding possible plans for a marina, the Anderson family would have gladly discussed cooperation or even partnering with the City for the benefit of Prescott. No one ever approached or discussed this with the Anderson family.
  • The City seems determined to drive Leo’s Landing out of business. The City has refused to renew the lease with Leo’s Landing and insists on denying anyone the right to cross the strip of land platted by the City to access the marina. The City has continued to harass the Anderson family with alleged ordinance violations. One notice of violation was to obtain a driveway permit to simply repave an existing driveway after the replacement of a permitted fuel tank. There were notices of parking violations for areas where people parked for years without any objection. Each time, Leo’s Landing tried its best to immediately correct the issue.
  • The City has publicly announced its plans for the waterfront that include a picture of a dock that looks suspiciously like the Leo’s Landing Dock, in the exact location of the Leo’s Landing Dock. Clearly an attempt to communicate with the public, including those with rented slips and a vested interest the marina, the City’s intention to displace the Leo’s Landing marina. With the full force of the City’s power, this is interfering with the contractual relationship Leo’s Landing has with these boat owners. In addition, with the tortious interference with contractual relationships, the City’s plans make it clear there is no intention of compensating the owners of Leo’s Landing marina.
  • The Anderson family has repeatedly reminded the City that it not only owns the land in which it operates the marina but it has a 100-year permit from the Army Corps of Engineers to own and operate its marina where it floats. It seemed only logical that the City and the Anderson family talk about how to move forward with the City’s plans for the waterfront redevelopment. To be clear, Leo’s Landling has 50 years remaining on its permit and the City of Prescott has no right to the permit from the Army Corps of Engineers. Again, only silence from the City.
  • Instead, we understand that the City now claims some right to the docks which Leo’s Landing purchased, installed, and very clearly owns. If the City’s actions to date and plans are accurate, it is consistent with a long-term deliberate pattern of the City effecting the takeover of Leo’s Landing marina, a clear governmental taking. Instead of having a conversation about the matter, the City is bullying its way to drive us out of business and out of town. It is not going to happen. As the Anderson family has repeatedly said to the City and its attorneys, we are willing to discuss how Leo’s Landing can be part of the redevelopment of the waterfront. We continue to want to be part of the community and work with the City. The City’s refusal to talk and its tactics so far are forcing us to take a different approach. We would ask the City Council and the City of Prescott to turn away from the destructive and potentially litigious path they appear to be on and work with Leo’s Landing to develop a waterfront that best serves our community.

Sincerely,

Jan Anderson

Leo's Landing, Prescott riverfront, Prescott City Council, letter