“I think the project is very nice for the most part, but I don’t think the spirit of it in accordance to Leo’s Landing is in accordance with the mission statement. How do you justify the decision to commandeer a business that helped build this town with the points of integrity and respect?””

Gary Fairbrother

PRESCOTT – Supporters of Leo’s Landing Marina used a Jan. 18 Prescott riverfront improvement public information meeting to speak on behalf of the Anderson family’s business. The City of Prescott has chosen not to renew a lease with the marina, which expired Dec. 31, 2023, in preparation for Phase 2 of its riverfront improvement project.

City Administrator Matt Wolf and City Engineer Greg Adams of Cedar Corp tried to steer the conversation toward the elements of the project, but questions kept turning back to what will happen to the marina, owned by Jan Anderson and her son and daughter-in-law Colton and Nikki Anderson. Many in attendance are Leo’s Landing customers.

In a letter submitted to the city council and city attorney, Jan Anderson said Leo’s Landing has been operated by her family for 38 years, and before that, the Simones family. Captain Dick established the marina in 1963.

“We are locals, paying taxes and rent to the City of Prescott, employing Prescott employees and supporting community organizations,” Anderson wrote. We have loyal customers, good neighbors, and until recently, a good relationship with the city.”

Anderson said her family and the city have operated on a “mostly handshake agreement” regarding cross the sliver of property between her 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,” Anderson wrote. “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.”

In a phone interview Jan. 19, Wolf said when 2021 ended, the Andersons were informed of the proposed riverfront project.

“We let them know the riverfront planning was going on and we let them know that there was a chance the lease agreement might change or not be renewed,” Wolf said. “A transient dock slip would turn over more visitors and utilize more boaters visiting the downtown area. We’re trying to find additional space for additional docks.”

Background

In 2003, the city started a Tax Increment District to promote development and revitalize the downtown area, Wolf said.

“This was done to remove blighted areas in which structures and buildings had become dilapidated, deteriorated or aged,” he shared.

In 2015, the city began planning for downtown riverfront improvements that align with the its comprehensive plan, which designates the area to be used for parks and public space.

In 2020 the city completed an assessor’s plat to prepare for the work and verify property ownership. However, in a letter to the city council and city attorney, Jan Anderson said in October 2020, the city tried to plat the 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,” she wrote.

Wolf said the city’s outdoor comprehensive recreation plan calls for improvements to Jacques Park public boat ramp and Mercord Mill Park. Changes include restoring the shoreline, exploring options for additional public dock space, adding new restrooms, new trail connections, signage to and from other trail systems, adding a fishing pier, restoring/rehabbing the boat launch and improving the overall aesthetics and parking area.

The riverfront project has been working its way through the Parks & Public Works Committee since Jan. 17, 2022, Wolf said. Phase 1 of the project was competed in 2022 and included a new courtesy dock, reconstruction of Orange Street, adding a security fence along the railroad, sidewalk and parking layout to Second Street; adding two scenic overlooks and increased green space with tables and benches. A new fishing pier and boat launch were installed in 2023.

Phase 2

Phase 2 of the project would be completed in 2025, Adams said. This would include repaving and restriping the parking area, adding more green space, removing the one-way portion of Front Street, connecting Phase 1 to Phase 2 by a trail in front of the condos, adding benches and new signage, bike racks, restrooms, garbage receptacles, playground equipment and a pavilion; installing low level bollard lighting on the trial, replacing older lights, adding a connective sidewalk for pedestrian crossing the tracks on Second Street, replacing the existing chain link fence, installing a decorative fence with a small scenic overlook deck at Mercord Mill Park and adding public access docks where Leo’s Landing is located.

“We are proposing more of a transient dock system with a paid kiosk system,” Adams said.

Adams said the city will pursue grants for the project, which is estimated to cost $2.6 million. Work won’t begin until 2025, so audience members questioned why Leo’s couldn’t be allowed to operate for another year.

“Our lease agreement with them ended at the end of this year,” one boater said. “And you’re not in continued discussions on that topic. So you’re just done when you’re not using that space?”

Another asked about the Andersons’ permit from the US Army Corps of Engineers to own and operate its marina where it floats. Anderson said she has 50 years left on the 100-year permit, but Wolf said he’s seen no evidence of such a permit. He said a permit of that sort relates to the structure in the water, not on land.

“They have no bearing on granting water rights,” Wolf said. “It’s not an ownership or property rights standpoint. I understand there might be questions about Leo’s, but we’re focusing on what we are planning for the riverfront.”

Questions and comments kept coming from the audience, many from boat owners concerned they won’t be able to find another slip on the river since they are hard to come by. Wolf advised them to talk to “whoever you signed the contract with to get those answers,” which would be Anderson. The comment was confusing because Anderson’s lease with the city wasn’t renewed.

At this point, Alderperson Dar Hintz asked Colton Anderson if he needed to step outside because he “looks like he’s going to have a seizure.” Colton Anderson did not respond.

“There’s a reason why we don’t want to be in King’s Cove. We want to be in Prescott,” one boater said. “It’s not that we don’t want change…we all want to keep it the same. We’ve all been boating for years. It’s the most beautiful spot. We don’t know if we are putting our boat in in the spring or selling it.”

Alderperson Pat Knox said Leo’s knew the lease was ending Dec. 31.

“I thought it was kind of weird that they were taking payments for this year. But that’s on them,” he said. “Part of the idea is that this is not as much as a marina, it’s daily docks. That is the idea we came up with. In charging for revenue for those, and if it’s built to last and it generates revenue and has people coming and going multiple times a day, it will help contribute to the businesses downtown; it hopefully will pay for itself.”

One man pointed out the revenue won’t be there if the public docks and its fees aren’t monitored.

“Does the city have any idea how many people put their boat in the water and don’t pay? The (boat launch) meter didn’t work for part of the summer. People will ask for forgiveness later,” one woman said.

“Transient dock slips bring more people in,” Wolf countered. “Economic stability is what we can do to generate more revenue, more people.”

One woman said downtown business owners know the boaters because they spend a lot of money there already. Knox countered that boaters use their boats two to three days a week, which means the other four days, they’re not in town spending money.

“The other four days other people can be using it,” he said.

One woman said the downtown is insanely busy already.

“I don’t think as far as the restaurants go, we have plenty of bikers and people who live here who would like to go down there on the weekend, but it’s just too crazy,” she said.

When another boater asked Wolf what will happen to the boaters who signed contracts with Leo’s, he didn’t provide much insight.

“I don’t have a good answer for you. I haven’t checked in the last couple of weeks, but I’m pretty sure it’s still there,” he said.

More public comment

“I think the project is very nice for the most part, but I don’t think the spirit of it in accordance to Leo’s Landing is in accordance with the mission statement,” said resident Gary Fairbrother. “How do you justify the decision to commandeer a business that helped build this town with the points of integrity and respect?”

Hintz answered that she’s lived in Prescott for over 30 years and been on the council for eight, and she doesn’t like how Leo’s owners have handled things.

“I have seen a lot of things transpose with Leo’s Landing and a lot of things transpose with things we want to do to expand the riverfront and encourage new people to come visit the city and visit for the day,” Hintz said. “The staff and us have tried to do the best we can in trying to work with the Andersons over the years and it has not been a conducive relationship. In my opinion, I felt like personally moving forward with something different for the city… this to me is an ideal scenario. It’s unfortunate. It’s ugly business. I love my city. I need to at some point be realistic. We were always the last to know with certain things. Fuel lines under city property without the city’s permission. There were other issues. Putting asphalt on city land. I haven’t heard if they had surveys done.”

Jan Anderson’s brother-in-law Tom Anderson said Hintz’s statement is false.

“What you’re just saying is not true. The land that is owned there is owned there. Your drainage is on our land. We don’t have an obligation to send those surveys. We have written three letters to the city in the last four months and no one has answered. No one has contacted the Anderson family about this project since its inception. About this marina and how we could work together in the last two years,” he said.

Hintz said to move forward the city needs to see their land surveys.

“We need to be very clear on who the property owners are. I think that is the core of the miscommunication,” she said.

Wolf said Jan. 19 when the railroad redid its property lines, it was never really replatted. A title search conducted by Cedar Corporation in 2021 verified the city owns the riverfront property from Highway 10 to the public boat launch, Wolf said.

“They have told us that they have ownership of the land along the riverfront. We have requested any sort of documentation to share with us so we can determine the difference between the discrepancies,” Wolf said.

When one woman said city government is ganging up on the Andersons, Knox objected. He called Anderson’s recent letter to the editor “alternative facts.”

“That is where we run into, it’s been a constant issue with that. Show some permits that you own this, we don’t need to do this,” Knox said. “The city said they would check on the plat and did that and verified where the lines were. Somebody didn’t like the verification of that. Letters were mailed out and told if they wanted to have any input, they could. No response. Yet again, this is a flawed situation. Can we come to a resolution? I hope so. There will need to be some compromise and I think we’re willing to do it. I’m only one person on the council. I can’t say what everybody does or whatever.”

Tom Anderson said he and his family have been and are willing to talk to the city. Wolf confirmed the city received Jan Anderson’s letter, but had issue with its “discrepancies.” The Andersons have been given until May 1, 2024 to vacate the property, he said.

The Plan Commission will review the proposed Phase 2 improvements at its Feb. 5 meeting.