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Home My WebLink About5E Amend 703 re Surface Water Management4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 4, 2010 AGENDA #: 5E PREPARED BY: LARRY POPPLER, ASSISTANT CITY ENGINEER AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 703 OF THE CITY CODE RELATING TO SURFACE WATER MANAGEMENT DISCUSSION: Introduction The purpose of this agenda report is to consider an amendment to Section 703 of the City Code, rewording several definitions as requested by the Minnesota Department of Natural Resources History Section 703 (Public Waters) of the City Code intends to control and regulate the use of the waters of Upper and Lower Prior Lake. This ordinance has been in force for more than a decade. On May 17, 2010 the City Council amended section 703 to include specific language for marked slow no wake zones. The amendment also updated the purpose and intent of the ordinance as well as some definitions. The Minnesota Department of Natural Resources (DNR) must approve any ordinance change for section 703 in order for the ordinance to go into affect. On June 22, 2010, the City requested that the DNR review the amended ordinance. On July 22, 2010, the DNR responded to the request to review the ordinance and offered comments on the ordinance. Current Circumstances The DNR requires the following changes to the Section 703.300 Definitions: 1. Adding the following language to the High Water definition: "The Ordinary High Water (OHW) of 903.9 mean sea level has been established by law" 2. Correcting the DNR designation numbers for Upper and Lower Prior Lake in the Prior Lake definition: Lower Prior Lake - 72-26P, Upper Prior Lake 72-22P 3. Correcting the Slow No Wake definition to be consistent with State Statute by deleting "or such lesser speed so as to not cause a wake." The Lakes Advisory Committee considered this amendment on September 21, 2010. Conclusion The attached ordinance is consistent with the LAC recommendation and the DNR requirements. http://financel/teamsfam/October 4 2010/October 4, 2010/SECT 703 Public Waters agenda.doc ISSUES: The amendment clarifies several definitions and the ordinance may not become effective until the DNR approves it. Since there are minor changes the City Council should re-adopt the ordinance. Implementation will take place following publication. As a practical matter this ordinance will become effective next spring. FINANCIAL There is no financial impact in adoption of this ordinance. The ordinance IMPACT: will also provide clarity to law enforcement officers. In fact the original amendments were requested by the Sherriff's office. ALTERNATIVES: 1. Adopt the attached ordinance amending Section 703 of the City Code 2. Deny the ordinance and provide staff with specific direction. RECOMMENDED The staff recommends alternative #1. This requires a motion and second MOTION: adopting an ordinance amending Section 703 of the City Code. Revie d by: Frank Boyles ager http:(/finance1(teams/am/October 4 2010/0ctot~er 4, 2010/SECT 703 Public Waters agenda.doc 2 Public Ways & Property ORDINANCE NO. 110-xx AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 703 of the Prior Lake City Code is hereby amended as shown below: 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, INTENT, AND APPLICATION: Consistent with authority provided to the City pursuant to Minnesota Statutes 866.201, 866.205, and 459.20, and Minnesota Rules 6110.3000 -.6110.3800, as may be amended from time to time, the purpose of this section is intended to control and regulate the use of the waters of Upper and Lower Prior Lake in the City of Prior Lake, Scott County, Minnesota; to promote to the fullest extent possible the public's use and enjoyment of Upper and Lower Prior Lake; to promote and protect the safety of persons and property in connection with the use of these waters; to harmonize and integrate the varying uses of these waters; and to promote the public health, safety and welfare on Upper and Lower Prior Lake. 703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statute Section 866.005 are incorporated herein and made part of this Section. Terms not defined by said Statute .shall have the following meanings: High Water. An elevation of 903.9' or greater above mean sea level on Prior Lake, City of Prior Lake 703/p 1 Public Ways & Property as determined by the Prior Lake/Spring Lake Watershed District gauge. The Ordinary High Water (OHW) of 903.9 mean sea level has been established by law. Prior Lake: The body of water given that name and assigned the lake numbers 72- 26P and 72-22P by the Department of Natural Resources. Shore: The line separating land and water which shifts as lake levels increase and decrease. Slow 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. 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. 703.400: WATERCRAFT SPEED LIMITATIONS: 703.401 Towing Restrictions: No watercraft towing a person on water skis, inner tube, 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 water skis, inner tube, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this provision. 703.402 General Speed Limit: No person shall operate a watercraft, at any time, greater than a slow no-wake speed within one hundred fifty feet (150') from shore. 703.403 Daytime Speed 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. 703.404 Nighttime Speed 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. 703.405 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 City of Prior Lake 703/p2 Public Ways & Property nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. 703.406 Marked Slow No-Wake Zones: No person shall, at any time, operate a watercraft at a speed greater than slow no-wake speed in any marked no-wake channel/zone. The City of Prior Lake or County of Scott shall install or cause to be installed buoys marking navigable channels and/or no-wake zones. These channels and zones are intended to maintain a safe lake environment and protect the lives and property of all lake users and owners. These channels/zones shall be posted at the following locations: • The Channel located directly-North and South of the County Road 21/Eagle Creek Avenue Bridge starting and ending at the navigational red and green channel markers placed at both ends. • The navigational channel marked by red and green navigational channel markers and no-wake buoys to the East of Reed's Island. • The .navigational channel marked by slow no-wake buoys at both ends North and South of the Lords Street Bridge. • The navigational channel marked by slow no-wake buoys entering and exiting from Boudin's Bay, including the entire surface area of Boudins Bay. • The entire surface area of Candy Cove, starting and ending at the no-wake buoy placed approximately one hundred fifty (150) feet West of the entrance point to Candy Cove. • The channel located at the entrance/exit point to Mud (Crystal) Bay, marked by slow no-wake buoys at either end of the navigable channel at said entrance/exit point. 703.500: ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress or inner tube 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. 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 City of Prior Lake 703/p3 Public Ways & Property 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 one thousand dollars ($1,000.00), or by imprisonment of not more than ninety (90) days, or both. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4t" day of October 2010. ATTEST: City Manager Mayor Published in the Prior Lake American on the 9t" day of October 2010. City of Prior Lake 703/p4 N~innesota Department o~ Natural Resources 500 i.ofayetle Rood • St. Paul, MN 55155-40 July 22, 2010 Larry Poplar, Assistant City Engineer City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Dear Mr. Poplar: Department of Natural Resources staff has now completed its review of the surface use amendment materials received from your office on June 240'. You had requested forma! review and approval of amendments to the Prior Lake water surface use ordinance (# 110-01, amending Section 703}. I have listed the sections from that request and Department staff comments below: 703.200 - re-wording of purpose, intent and application - No Commenf 703.300 -DEFINITIONS Hiah Water. An elevation of 904.0 or greater above mean sea level an Prior Lake as determined by the Prior Lake 1 Spring Lake Watershed District gauge. Comment: The DNR area hydrologist recommended that the following also be included in this: definition: "The Ordinary Nigh Water (OHtN) of 903.9 mean sea level has been established bylaw." Prior Lake: The. body of water given that name and assigned the lake numbers 72-2 and 70-72 by the Department of Natural Resources Comment: The DNR area hydrologlst noted that fhe lake numbers are not correcf. The correct numbers are: Lower -- 72-2SP and Upper ~ 72-22P Slow-No Wake: The ordinance uses the definition from state law (866.005), but adds the additional language: "or such lesser speed so as to not cause a wake." Comment: The statutory definition in MS § 866.005 regarding "slow-no wake" has been upheld by fhe US Court of Appeals, and this addition to fhe definifion is not needed. We also checked with bath fhe courtly wafer patrol deputy and our local conservation officer who also felt this addltlona! wording was unnecessary. wwnu.dnrstate.n~n.us ATT EQUAL OPPORTUNITY EMPLOYER ~~a PRINTED ON RECYCLED PAPER tONTA1NtNG AhtltdlMUA40r TO%POST-CONSUMER WASTE Minnesota DEPARTSiENTOf NATURAL RESOURCES 703.401 -removes 150' slow-no wake shore zone from this section for all watercraft -added it back in 703.402. Language restricting water skiing /tubing remains prohibited in the 150` shore zone and stilt allows launching or landing of water skiers /tubers etc. by the most direct route to and from shore. No Comment 703.402 -adds the 150' slow-na wake share zone for all watercraft is placed in its own section. No Comment 703.406 -adds some specific information on the defined slow-no wake zones and gives specifications as to where they are on the lake. No Comment After staff review, this amendment appears to be a measured and reasonable action, and~therefore I am approving the ordinance amendments, as required by MS § 868.205, Subd.4 and Minnesota Rule 6110.3800, Subp.2, provided that the following actions to address the staff comments in section 703.300 {Definitions) are incorporated into the final revised ordinance: • High Wafer- incorporate the additional ordinary high water level language as noted • Prier Lake -- correct the lake numbers as noted • 51ow-no wake -bring definifion in line with state law {868.005}, by deleting the additional language as noted in the comments Hopefully these amendments will make boating safer & more enjoyable on Prior Lake. Please send a copy of the revised ordinance to Kim Elverum, our boat and water safety coordinator. You may a-mail the revision if you like (kim.e[verumCc~state.mn.us). Also, please contact Kim at 651-259-5343 if you have questions on this approval, or on surface use zoning in general. Sin y, ~~ fZ<-~ Col. ~ mes Konrad Director of Enforcement C: DNR Acting Regional Enf. Supervisor Scott Carson DNR Conservation Of#icer Adam Block Scott Co. Sheriff`s Office - 5g#. Steve CaHins WSUM File