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Home My WebLink About5L - Prior Lake City Code Relating to Surface WaterPRI~ O~ '.< I~ . F~ ` ~ ~,f . 9; ` U r.~j ` x ~INNESO~P.°'` 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: May 18, 2009 AGENDA #: 5L PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF RESCISSION AND REPLACEMENT OF SECTION 703 RELATING TO SURFACE WATER REGULATION. DISCUSSION: Introduction The purpose of this agenda item is to request the City Council rescind Section 703 of the Prior Lake City Code that was adopted at the May 4, 2009 meeting. This action will effectively reinstate the preceding Section 703. History In the mid-1990s, the City Council adopted, at the recommendation of the Lakes Advisory Committee, a surface water ordinance. The ordinance promotes lake safety by, among other things, regulating speed, establishing no-wake zones and other such requirements. Deputy Sheriff Bret Krick recently asked the City to consider changes to the ordinance to facilitate enforcement efforts. As a result, a revised ordinance was submitted to the LAC, a public hearing conducted and proposed ordinance amendments were adopted by the City Council at the May 4 meeting. Current Circumstances Since adoption of the ordinance, staff has been made aware of some issues related to the new ordinance. The new ordinance created a new daytime speed limit, applicable seven days a week. The public hearing address a weekend speed provision. The revised ordinance also addressed the treatment of "towable objects," a subject that has not been fully resolved. Because of these issues, staff recommends that we rescind the revised ordinance in full and reinstate the former ordinance. This action will provide the LAC with addition time to discussion these relevant issues. Conclusion The City Council is asked as part of the Consent Agenda to rescind the ordinance adopted at the May 4 meeting and reinstate the provisions of the original surface water ordinance. ISSUES: While the Council adopted the new ordinance and it was published, the Department of Natural Resources has not approved it. We have requested that DNR withhold their approval in light of the circumstances, which means that the pre-May 4, 2009, (copy attached) ordinance is the law. FINANCIAL The costs associated with the action of rescinding the ordinance are minimal. IMPACT: ALTERNATIVES: 1. Motion and second to rescind Section 703 adopted at the May 4, 2009 City Council meeting. 2. Take no action. RECOMMENDED Alternative #1. MOTION: www.cityofpriorlake.com Phone ~~;2 447_=;90 /Fax 952.447.4245 Public Ways & Property SECTION 703 PUBLIC WATERS SUBSECTIONS: 703.100: CHAPTER 703.200: PURPOSE, INTENT AND APPLICATION 703.300: DEFINITIONS 703.400: SPEED LIMITATIONS 703.500: ADDITIONAL RESTRICTIONS 703.600: EXEMPTIONS 703.700: NOTIFICATION 703.800: ENFORCEMENT 703.900: PENALTIES 703.100: TITLE: This Section shall be known and cited as the PUBLIC WATERS Code. 703.200: PURPOSE: This section is enacted for the purpose and with the intent to control and regulate the use of the waters of Prior Lake in the City of Prior Lake, Minnesota, to promote its fullest use and enjoyment by the public in general and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety and welfare of the citizens of Minnesota. 703.300: DEFINITIONS: For the purposes of this Section, the following terms shall have the following meanings: High Water. An elevation of 904.0' or greater above mean sea level on Prior Lake, as determined by the Prior Lake/Spring Lake Watershed District gauge. Prior Lake: The body of water given that name and assigned the lake numbers 70- 2 and 70-72 by the Department of Natural Resources. Shore: The line separating land and water which shifts as lake levels increase and decrease. S/ow No-Wake: The operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour or_such lesser speed so as not to cause a wake. Watercraft: Any contrivance used or designed for navigation on water, except: 1) a duck boat during the duck hunting season; 2) a rice boat during the harvest season; or 3) a seaplane. City of Prior Lake 703/p1 Public Ways & Property 703.400: WATERCRAFT SPEED LIMITATIONS: 703.401 Towing Restrictions: No person shall operate a watercraft, any time, at greater than a slow no-wake speed within one hundred fifty feet (150') from shore. No watercraft towing a person on waterskis, innertube, aquaplane or similar device shall be operated at any time within one hundred fifty feet (150') of shore; provided, however, that any watercraft launching or landing a person on waterskis, innertube, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this provision. 703.402 Daytime Screed Limit: No person shall operate a watercraft at greater than forty (40) miles per hour, from sunrise to one hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. 703.403 Nighttime Screed Limit: No person shall operate a watercraft at greater than twenty (20) miles per hour, from one hour after sunset to sunrise the following day, at any time during the year. 703.404 High Water Slow No-Wake: No person shall operate a watercraft at greater than a slow no-wake speed on the entire Lake when the water level reaches nine hundred four feet (904.0') sea level, as measured by the City at the Prior Lake/Spring Lake Watershed District gauge. When the water level of Prior Lake reaches 904.0' sea level, the City Manager or designee shall arranged to have notice of the no-wake provision televised on the City's cable channel. The slow no-wake restriction shall become effective as of the first televised notification. All public water accesses shall be posted prior to and during the time the restrictions are in place. In addition, notice of said restrictions shall be posted at Prior Lake City Hall. When high water levels have subsided and have remained below an elevation of nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. 703.500: ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress or innertube more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. No person shall swim more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. 703.600: EXEMPTIONS: All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the restrictions set forth in this Section. City of Prior Lake 703/p2 Public Ways & Property A temporary exemption from the restrictions set forth in subsection 703.401 may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shall include: the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the Scott County Sheriffs Department. 703.700: NOTIFICATION: The City shall notify the public of this Section, which shall include but not be limited to placing a sign at each public watercraft launching facility outlining the essential elements of this Section, as well as placing other necessary buoys and signs. 703.800: ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of the Scott County Sheriffs Department. Other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this Section. 703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700.00), or by imprisonment of not more than ninety (90) days, or both. This space intentionally left blank. City of Prior Lake 703/p3