HomeMy WebLinkAbout4D Public WatersSTAFF AGENDA REPORT
CONSENT AGENDA #: 4(d)
PREPARED BY: JOEL RUTHERFORD, WATER RESOURCES COORDINATOR
SUBJECT: CONSIDER APPROVAL OF ORDINANCE 94-04 AMENDING
PRIOR LAKE CITY CODE, TITLE 9, CHAPTER, "PUBLIC
WATERS" AFFECTING SURFACE WATER USAGE.
DATE: FEBRUARY 7, 1994
INTRODUCTION:
BACKGROUND:
This item has been added to consider adopting the revised draft of
Ordinance 94-04, which would amend the entire Public Waters
Chapter of the City Code.
A Public Hearing was conducted last September to consider
changing the Public Waters Chapter of the City Code. Another
Public Hearing was held on January 18, 1994. At the January 18
meeting, council requested amendments to the draft ordinance, to
be considered at the February 7, 1994 meeting.
DISCUSSION:
Ordinance 94-04, which contains the amendments proposed by the
City Council on January 18, has been attached to this report. The
following changes were incorporated into this ordinance:
The language which describes the exemption applying
to watercraft launching or landing a skier has been
clarified.
The language used to describe the effective times for
speed limits have been changed from "sunset" to "one
hour after sunset".
A sub-paragraph has been added which would require
persons swimming more than 150' from shore to be
accompanied by a boat.
After review, the City Attorney felt the language in the
ordinance satisfied the intent to restrict boating near
milfoil buoys.
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4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLOYER
'!"
Attached to this report is a letter from the Prior Lake Water Ski
Association. This letter expresses their concerns for potential
conflicts between the 150' slow no-wake buffer zone, and the
location of their slalom course and jump.
Subparagraph (C) of Section 9-3-4 allows for temporary
exemptions. These exemptions would apply to individuals or
organizations who obtain a permit through the Scott County
Sheriff's Department.
ALTERNATIVES:
The alternatives are as follows:
1. Remove this item from the consent agenda for
discussion.
2. Adopt a motion as part of the consent agenda adopting
Ordinance 94-04.
ACTION REQUIRED: A motion adopting Ordinance 94-04 as part of the consent agenda
would be in order.
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T 3"
To:, gee, ¢itv of Prior Lake From: Olenn R. Kessel ~-~-~4 l:q/pJn po ~ o? ~
CITY OF PRIOR LAKE
ORDINANCE NO. 94-04
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 9, CMAPTER 3.
The City Council of the City of Prior Lake does hereby ordain:
Title 9, Chapter 3 of Prior Lake City Code is hereby amended in
its entirety to read as follows:
CMAPTER 3
PUBLIC WATERS
Section:
9-3-1:
9-3-2:
9-3-4:
9-3-5:
9-3-6:
9-3-7:
Title
Purpose
Definitions
Limitation on Use of Watercraft; Exemptions
Slow No-Wake Zones
Additional Restrictions
Enforcement and Penalties
9-3-1:
TITLE: This Chapter shall be known and cited as the
"Public Waters" Chapter.
9-3-2:
PURPOSE: For the purposes of this Chapter, the
following terms shall have the 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 70-26 and
70-72 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)
To:.Oee, City of Prior Lake From: Glenn R. Kessel ~-Z-~4 l:4/pm p. ~ ol ~
9-3-4:
(B)
(c)
9-3-5:
a rice boat during the harvest season;
or (3) a seaplane.
LIMITATION ON USE OF WATERCRAFT EXEMPTIONS:
No Watercraft shall be operated on Prior Lake except in
compliance with this Chapter.
Authorized resource management, emergency and
enforcement personnel, when performing their assigned
duties, shall be exempt from this Chapter.
A temporary exemption from the restrictions set forth
in subparagraph A) of Section 9-3-5 may be allowed
under certain circumstances. To qualify for a temporary
exemption permit, an application for a permit must be
completed, which shall include: the purpose of
exemption, the organization or persons being exempted,
the location of exemption and the date and time of
exemption. The temporary exemption permit shall be
issued by the Scott County Sheriff's Department.
SLOW NO-WAKE ZONES:
From Shore to a distance of one hundred fifty feet
(150') from Shore shall be designated a perpetual Slow
No-Wake zone.
No Watercraft towing a person on water skis, innertube,
aquaplane or similar device shall be operated at any
time in a perpetual Slow No-Wake zone; provided,
however, that any Watercraft launching or landing a
person on water skis, innertube, aquaplane or similar
device by the most direct and safe route to open water
or Shore shall be exempt from this provision.
During periods of High Water, the City Manager of Prior
Lake, or his/her designee, may, at his/her discretion,
and upon notifying the Scott County Sheriff, impose an
additional Slow No-Wake zone on such areas of Prior
Lake as may be deemed necessary.
Such restrictions shall become effective upon
publication in the local newspaper as a news item or on
a specified date, whichever is later. All public water
accesses and private launch ramps shall be posted prior
to and during the time the restrictions are in place.
In addition, notice of said restrictions shall be
posted at the Prior Lake City Hall.
9-3-6:
(c)
(D)
(E)
9-3-7:
(B)
When High Water levels have subsided and have remained
below an elevation of 904.0' for three (3) consecutive
days, said restrictions shall be promptly removed.
ADDITIONAL RESTRICTIONS: The following restrictions
shall be in effect at all times, unless otherwise
noted:
The Maximum speed limit for Watercraft on Prior Lake
from one hour after sunset to sunrise the following day
shall be twenty (20) miles per hour. The maximum speed
limit for Watercraft on Prior Lake from sunrise to one
hour after sunset on all weekends and legal holidays
occurring from Memorial Day weekend through Labor Day
shall be forty (40) miles per hour.
No person shall use an inflatable watertoy, air
mattress or innertube more than one hundred fifty feet
(150') from Shore, unless attached to a Watercraft.
No person shall swim more than one hundred fifty feet
(150') from Shore, unless accompanied by a Watercraft.
No person shall anchor or operate a Watercraft within
fifty feet (50') of any area identified by qualified
aquatic biologists and marked for prescribed treatment
with yellow milfoil marker buoys.
No person shall place a trailer or launch a Watercraft
with Eurasian water milfoil attached into any water
bodies within the City of Prior Lake.
ENFORCEMENT AND PENALTIES:
The Scott County Sheriff's Department and other
licensed peace officers, including conservation
officers of the Minnesota Department of Natural
Resources, shall have the authority to enforce the
provisions of this Chapter.
Except as otherwise set forth in Minn. Stat. § 84.9692,
violation of any provision of this Chapter shall be a
misdemeanor and shall be punished by a fine not to
exceed seven hundred dollars ($700.00) or by
imprisonment not to exceed ninety (90) days, or both,
and costs.
This ordinance shall become effective from and after its passage
and publication.
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Tot~Oee, City of Prior Lak'e From: Glenn R. Kessel 2-2-94 h47pm
Passed by the City Council of the City of Prior Lake this
day of , 1994.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
1994.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
day of
THE PRIOR LAKE
WATER SKI ASSOCIATION
P.O. BOX 15
PRIOR LAKE,
January 24, 1994
To: The Mayor, City Council Members, and City Manager of Prior Lake
Fmro: Tom Hartn~n, President, Prior Lake Water Association
As President of the Prior Lake Water Ski Association, I am concerned with some aspocts of the proposed Lake
Ordinance discussed at the City Council meeting on January 8, 1994. Our primary concern rests with the 150' no-
wake zone which may affect the present locations of our ski jump and slalom course. Both have been positioned
for many years at their present sites both to minimize their impact on other recreational navigation, and to
maximize skier and boating safety. Although the slalom course, now located adjacent to Prior Lake Water Ski
Association property, could be moved, the jump is attached with permanent anchors and poses a much larger
relocation problem
Slate statutes indicate that anchorS., fishing lines, and water skiers are considered extensions of watercrafL If the
Lake Ordinance does not clearly specify otherwise, the existence of our slalom course and jump on Prior Lake
will be in serious jeopardy. Additionally, with the 150' rule in effect, a towboat would have to stay 225' offshore
while using a standard 75' rope to pull a skier. This would provc even more bn?nrdous by putting a multitude of
skiers further out inIo the navigational channels. This is in direct conflict with the rationale of placing our slalom
course and jump in their present locations.
We, as an association of 200 members founded in 1957, are greatly concerned with boater and skier safety. The
Lake Ordinance, as presently written, would compromise that safety by putting skiers in closer proximity to more
congested areas of Prior Lake.
Hopefully, as you deal with our concerns, you will take into account the many years of publicity and positive
representation that our club and uaveling ski show have provided to the city of Prior Lake. The Prior Lake Water
Ski Association has made the city of Prior Lake well-known throughout Minnesota and the Upper Midwest as a
place where water skiing is both supported and encourage~ In reciprocity, we have, for many years, provided the
city of Prior Lake with a July 4th Ski Show flee for the enjoyment of everyone. Our question to you is, will this
ordinance change all of that?
We support the efforts of the City Council in l~ing to resolve and alleviate problems relating to lake usage and
we thank you for this opportunity to express our concerns.
Sincerely,
Tom HarUnan, Presideni
Prior Lake Water Ski Association
city Council Members
city of Prior Lake
4629 Dakota street N.E.
prior Lake, Minnesota 55372
February 7, 1994 ,,
RE: Amendment to City code, Title 9, chapter 3 surface water use
ordinance"
Distinguished council Members and Mayor: in prior Lake, it
As a resident of prior Lake and a business owner being represented
is of the greatest concern that we are not truelYIf the
by our elected officials in matters that affect all of us.
city council is to represent the majority of its taxpayers, not the
minority, why are we beating a "Dead Horse" regarding the issue
new regulations on "our" lake. 4=sue, the major~ (over
. in~s regarding this ~ke Review Comml%~e that
meet :- ~^uncil and the
Through the past . ' sed on the boaters
, , .... e~ulatlons ~mpo._ -ouncil still try
cent) has told the ~u
90 pe~ . any ~urtne~_~_~ -~mberS of the u .... ~=identS
.- - ~ not want - - --- =nd two ~,= . ~ ~rior ~a~ ~-~- .
they ~, v~+ the MaYu~ ~ _~,, Amendment. ~
this laKej.~diculOus and cosu~ .... t the Council m~s a~e~
to paSS t~ls ~
have peen ~& acts & Figures ~,, ~ttended, the ~Y~n~ the
cisions on F . I perSOn~3 ~ ~ citizens
d~ __ --eetings whzch ..... o~ concenn=~ ~_~, I~ this
mee%l~ u ~ the counu~, ~ ~ nass t~e
clear enoug,, - City CounCi}
' -ur outcry %o ~"~^n of petitions ~ .... , the
' ents and non-residents on january ~o~ ,
proposed Amenu"'="~ .
Mayor StateG un~ ._e _
~-,^. The people elect them to
the City taking the wrong Pe~p~c~l~= ' ' '
= resent them as a mR]orltY
their positions and they are ~u ~~
in s that we do not
. ~_~ ~,, i~2these meet _g __ ~4~ representative
The sheri~ has ~~o~.~ h~%m~ ~ , l lY, This
safety problem D~ ~~e'~c~ent ~ they
has stated, the rules eSt~Dl£~ ~ ' '
stand but need to be enforced more energe%lCa the County does not
done with increased manpower ~nd expensethat
have at their disposal- The city wants to enact more rules and
"Future Problems"jon prior Lake. Have they
regulatiOnS to preventll be paying for %~e cost O~ enforcement
ever thought o~ who wi
these regulationS. The residents o~ prior Lake sure have and have
voiced their oposition many times.
the wishes
The goal o~ the City council is to represent
concerns o~ the majority o~ the residents in their community ,
what we are seeing here, they are representing the minority only.
One o~ the members o~ the Lake Advisory Commitee stated that he was
a past Council member and that the people who usually attended the
meetings regarding issues like this are always opposed to the
issue. What about the people who were in ~avor o~ this issue, they
are the minority group in this issue, why don't they attend as we
must to voice our opinions. As ~ar as I can see, the majority is
not being given a ~air chance in this matter. The wool is being
pulled over our eyes again. It's about time that the Council starts
acting like they care about the majority.
As a taxpayer, it bothers me that the Council would waste our money
in trying to pass this Amendment even though they were told by the
majority at all o~ the meetings previously held to forget it and
get on to more pressing matters. Ego trips are very costly and will
always haunt you in the ~uture. Be honest with yourselves and the
people who elect you to represent their interests.
From someone who cares about our community.
James W. Sentyrz
16910 Elm Avenue S.W.
Prior Lake, Minnesota 55372
447-1877